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Richmond v. Correct Care Solutions LLC

United States District Court, D. Delaware

March 12, 2019

RYAN RICHMOND, Plaintiff,
v.
CORRECT CARE SOLUTIONS LLC, et al., Defendants-

          Ryan Richmond, Howard R. Young Correctional Center, Wilmington, Delaware, Pro Se Plaintiff.

          Daniel A. Griffith, Esquire, Whiteford, Taylor & Preston LLC, Wilmington, Delaware. Counsel for Defendants Correct Care Solutions LLC and Pamela Magee.

          Stuart 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.

          MEMORANDUM OPINION

          STARK, U.S. DISTRICT JUDGE.

         I. INTRODUCTION

         Plaintiff 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.[1] (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.

         II. BACKGROUND

         Plaintiffs 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.

         The 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)

         The 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.[2]

         While 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. (Id.)

         Plaintiff 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)

         On May 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 at A-125)

         Plaintiff 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)

         Plaintiff 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 ...


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