United States District Court, D. Delaware
Richmond, Howard R. Young Correctional Center, Wilmington,
Delaware, Pro Se Plaintiff.
A. Griffith, Esquire, Whiteford, Taylor & Preston LLC,
Wilmington, Delaware. Counsel for Defendants Correct Care
Solutions LLC and Pamela Magee.
B. Drowos, Deputy Attorney General Deputy, Delaware
Department of Justice, Wilmington, Delaware. Counsel for
Defendant Matthew Fisher.
Ophelia Michelle Waters, Deputy Attorney General Deputy,
Delaware Department of Justice, Wilmington, Delaware. Counsel
for Defendants Correctional Officer Glick, Correctional
Officer Malloy, and Staff Lt. Farrington.
U.S. DISTRICT JUDGE.
Ryan Richmond ("Plaintiff'), an inmate at the Howard
R. Young Correctional Center in Wilmington, Delaware, filed
this action pursuant to 42 U.S.C. § 1983. He appears
pro se and has been granted leave to proceed in
forma pauperis. (D.I. 6) He filed this action pursuant
to 42 U.S.C. § 1983. (D.I. 3, 9, 10) The Court has
jurisdiction by reason of a federal question pursuant to 28
U.S.C. § 1331. Presently before the Court are
Defendants' motions for summary judgment (D.I. 88, 94)
Plaintiff opposes the motion for summary judgment filed by
Medical Defendants. (D.I. 96) He did not file an opposition
to State Defendants' motion for summary judgment.
main complaints are that Medical Defendants did not provide
him physical therapy in a timely manner following his
discharge from Christiana Hospital and they did not provide
continuing treatment for sciatic nerve damage in his left
leg; and further that State Defendants removed, or did not
allow, Plaintiffs medically ordered physical therapy
treatment walks. For most of the relevant period, Plaintiff
was a pretrial detainee. His status changed on May 15, 2014,
when he pled guilty to several criminal charges and was
immediately sentenced on one criminal count. See Richmond
v. Stats, 2016 WL 6092472, at *1 (Del. Oct. 18, 2016).
On October 10, 2014, Plaintiff was sentenced on the remaining
counts. See id.
Complaint alleges that Plaintiff was discharged from
Christiana Hospital and into the custody of the Howard R.
Young Correctional Institution ("HRYCI") in
Wilmington, Delaware. (D.I. 3 at 4) Next, Plaintiff was
transferred to the James T. Vaughn Correctional Center
("VCC") in Smyrna, Delaware. (Id.)
Plaintiff alleges that his discharge papers indicated he was
to receive physical therapy three to four times per week, the
express orders were given to medical personnel at the VCC,
and the physical therapy was delayed for non-medical reasons.
(Id. at 4, 6) Plaintiff states that he had nine
physical therapy sessions from September 2, 2012 through
January 2, 2013. (Id. at 4) Plaintiff alleges that
Defendant Pamela Magee, a nurse practitioner, failed to order
physical therapy for Plaintiff at his housing unit and her
unprofessionalism placed him in extreme pain and discomfort
and caused loss of a very important body part. (D.L 9 at 5)
record reflects that on August 25, 2012, Plaintiff was
admitted to Christiana Hospital in Newark, Delaware, for
multiple gunshot wounds that resulted in sciatic nerve damage
and injuries to internal organs, including the liver,
bladder, and jejunum. (D.I. 10 at 40) Plaintiff underwent
surgery, was treated, and remained at Christiana Hospital
until September 9, 2012, when he was transferred to the VCC
in Smyrna, Delaware. (Id. at 41-42) Defendant
Correct Care Solutions, LLC ("CCS") was the
contract medical service provider for the Delaware Department
of Correction ("DOC") during this time and through
June 30, 2014.
hospitalized, Plaintiff received physical therapy. (D.L 10 at
34-36) The September 6, 2012 daily documentation note
indicates that Plaintiff would be discharged and the plan for
"PT anticipated treatments, needs" was
"discharge/discontinue PT treatment." (Id.
at 36) On September 10, 2012, while housed in the VCC
infirmary, nurse practitioner Munda ("Munda")
examined Plaintiff and noted pain and foot drop in the left
lower extremity. (Id. at 65-66) Munda made an
outpatient referral request for physical therapy.
(Id. at 66). The request was entered the same day,
and approved the next day. (Id.) Medical notes for
Plaintiffs follow-up visit with a consulting physician on
October 1, 2012 state, "refer... for EMG to evaluate LLE
neuropathy PT/OT for left foot neuropathy."
(Id. at 67) Pain medication was added for Plaintiffs
complaints of pain in the left lower extremity.
was seen by a neurologist on November 12, 2012 for sciatic
nerve damage related to the gunshot wounds and an EMG was
conducted. (D.I. 90 at A-099) The sciatic nerve pain was
managed "on low dose Neurontdn." (Id. at
A-97, 100, 122, 125, 127) On April 19, 2013, Plaintiff had a
consultation with an outside urologist who ordered a CT scan
of Plaintiffs abdomen and pelvis to rule out a renal lump or
mass, possibly related to the multiple gunshot wounds
suffered in August of 2012. (Id. at A-l 05-06) The
CT scan was ordered but did not take place because Plaintiff
was "argumentative." (Id. at A-101-02,
106) Later, Plaintiff cancelled the CT scan because he did
not want it. (Id. at A-l25, 146)
22, 2013, Dr. Louise Desrosiers made an outpatient referral
request for onsite physical therapy to treat Plaintiffs left
foot drop and muscular atrophy. (D.1.10 at 71) Plaintiff was
discharged from the VCC infirmary on May 28, 2013. (D.I. 90
submitted a medical grievance on November 25, 2013, to
receive physical therapy. (D.I. 10 at 6) A December 18, 2013
informal resolution indicates that Magee investigated the
matter and reported that Plaintiff was scheduled to see the
provider. (Id. at 4) The grievance was upheld on
appeal, "specifically that the medical vendor provide a
physical therapy evaluation of the grievant. The medical
vendor should ensure accurate and timely delivery of
services." (D.I. 10 at 2, 12)
received physical therapy exercises in late January 2014.
(D.I. 10 at 11) Plaintiff received physical therapy on March
14, 17, and 24, April 4, 16, and 28, May 7 and 14, and June
11, 2014, to treat decreased range of motion and strengthen
the legs. (D.I. 90 at A-l 54-158) Plaintiff showed
improvement during the treatment and was ordered to remain
consistent with his home exercise program ("HEP'*)
and follow-up with ...