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Bredbenner v. Malloy

United States District Court, D. Delaware

March 24, 2014

DONALD BREDBENNER, Plaintiff,
v.
ROBERT MALLOY, et al., Defendants

Page 278

Donald Bredbenner, Laurel, Delaware, Pro se Plaintiff.

Daniel A. Griffith and Scott G. Wilcox, Esquires, Whiteford, Taylor & Preston, L.L.C., Wilmington, Delaware, Counsel for Defendants Robert Malloy, Ihoma Chuks, and Correct Care Solutions LLC.

Ryan Patrick Connell, Deputy Attorney General, Delaware Department of Justice, Wilmington, Delaware. Counsel for Defendant Sgt. Doane.

Page 279

MEMORANDUM OPINION

Sue L. Robinson, District Judge.

I. INTRODUCTION

Plaintiff Donald Bredbenner (" plaintiff" ), a former inmate at the James T. Vaughn Correctional Center (" VCC" ), Smyrna, Delaware, filed his complaint pursuant to 42 U.S.C. § 1983. He proceeds pro se and has been granted leave to proceed without prepayment of fees. Presently before the court are defendants' motions for summary judgment (D.I. 91, 93), unopposed by plaintiff. The court has jurisdiction pursuant to 28 U.S.C. § 1331. For the reasons discussed, the court will grant the motions.

II. BACKGROUND

Plaintiff filed this action pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights by virtue of defendants' alleged deliberate indifference to serious medical needs. The court screened the complaint pursuant to 28 U.S.C. § 1915 and § 1915A and allowed plaintiff to proceed with claims against Sgt. Doane (" Doane" ), as well as medical defendants Robert Malloy (" Malloy" ), Ihoma Chuks (" Chuks" ), and Correct Care Solutions (" CCS" )[1] (" collectively medical defendants" ). The court dismissed the claims against defendants Michael Deloy, Chris Kline, and Warden Phelps.

On the afternoon of December 22, 2010, plaintiff was knocked to the ground on the basketball court and injured his arm. Doane examined plaintiff's wrist but saw nothing abnormal. Doane called medical who told him to have plaintiff submit a sick call slip. Doane also notified relief officers of plaintiff's injuries. (D.I. 2, D.I. 94, Doane's answers to interrogs. 3-6, 8, 10)

That night, the evening corporal saw plaintiff's swollen wrist and took him to the sergeant on duty who immediately called medical and sent plaintiff for medical attention. Robert Davenport (" Davenport" ), the nurse on duty, telephoned the on-call physician, Dr. Rodgers (" Dr. Rodgers" ), a physician who worked for CCS in the infirmary at the VCC. Dr. Rodgers ordered an ice pack for swelling of the wrist, two types of pain medication, a support and sling. He also ordered an x-ray of the wrist. The physician orders state, " f/u w ppt. 12/23/10." (D.I. 76, ex. A at 1226, 1303-1304)

The next morning plaintiff went out when medical was called, but Doane did not issue him a pass for medical because plaintiff's name was not on the list. An inmate's name must appear on the medical list in order to receive a pass. Additions to the medical list are communicated by medical to the security staff in the building; medical calls the building to inform it of additions. (D.I. 94, Doane's answers to interrogs. 12-14)

An x-ray was taken on December 24, 2010. On December 28, 2010, plaintiff was seen by Chuks, a nurse practitioner. Chuks reviewed the x-ray and it revealed an ...


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