1:23-cv-00014•NEWELL v. MYERS et al
Testo completo
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION CHRISTOPHER NEWELL, : : Plaintiff, : : v. : Case No. 1:23-cv-14-LAG-AGH : WARDEN DARREN MYERS, et al., : : Defendants. : _________________________________ : REPORT AND RECOMMENDATION Before the Court is Defendants Brown and Williams’s motion for summary judgment (ECF No. 92). For the reasons stated below, it is recommended that Defendants’ motion be granted in part and denied in part. PROCEDURAL BACKGROUND Plaintiff’s claims arise from his confinement at Autry State Prison (“ASP”) in Pelham, Georgia. 2d Recast Compl. 5, ECF No. 27. Plaintiff states that he was injured at ASP on February 23, 2022, suffering “multiple broken bones in [his] face to include a broken upper jaw, cheek bone, and eye socket.” Id. Plaintiff alleges generally that Defendants were responsible for a fifty-one day delay in him receiving necessary reconstructive surgery and for not providing appropriate medical care during this period, including necessary pain medication and an altered diet. Id. at 7-19. He also alleges that on one occasion following his surgery, Defendant Brown refused to let him go to an appointment to get a mold casting for dentures. Pl.’s Objs. 3-4, ECF No. 32. The Court received Plaintiff’s original complaint on January 23, 2023 (ECF Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 1 of 19
2 No. 1). After twice being instructed to recast his complaint, the Court received Plaintiff’s second recast complaint on August 7, 2023 (ECF No. 27). Following preliminary review, Plaintiff’s deliberate indifference to a serious medical need claims were allowed to proceed for further factual development against Defendants Warden Darrin Myers, Lieutenant Williams, Physician’s Assistant Bradford, Lieutenant Brown, and Health Services Administrator Shores.1, 2 Order & R. 13, Dec. 6, 2023, ECF No. 33; Order 1, Jan. 19, 2024, ECF No. 36 (adopting order and recommendation). Brown and Williams filed an answer (ECF No. 55) on March 1, 2024, and moved for summary judgment (ECF No. 92) on November 27, 2024. The Court notified Plaintiff of his right to respond to the motion within thirty days. Notice, Nov. 27, 2024, ECF No. 93. Plaintiff was warned that if he failed to respond to the motion for summary judgment, the Court could accept the factual assertions in the motion as true and that final judgment could be entered against him. Id. Despite this notice, Plaintiff failed to file a response to the motion for summary judgment. Defendants’ motion is ripe for review. 1 After Plaintiff filed his second recast complaint (ECF No. 27), the Court initially recommended that the claims against Defendant Brown and Shores be dismissed for failure to state a claim. Order & R. 9-10, Oct. 24, 2023, ECF No. 29. However, Plaintiff filed objections (ECF No. 32) to the recommendation and provided further factual allegations. The Court construed these objections as a supplement to his second recast complaint and considered the factual assertions therein when conducting its preliminary screening. Order & R. 1, Dec. 6, 2023, ECF No. 33. 2 Following the filing of a suggestion of death (ECF No. 41) for Myers, the Court ordered that Curtis Carter, Myer’s successor as warden at ASP, be substituted as defendant for Myers on Plaintiff’s official capacity claims. Order 1, Feb. 14, 2024, ECF No. 50. The Court subsequently recommended that the official capacity claims against Carter be dismissed as moot due to Plaintiff’s transfer out of ASP. R. & R. 6, June 20, 2025, ECF No. 103. That recommendation was adopted on July 22, 2025. Order 1, ECF No. 105. Defendants Bradford and Shores have a pending motion to dismiss based on discharge in bankruptcy (ECF No. 108), which the Court will address in a separate recommendation. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 2 of 19
3 DISCUSSION I. Motion for Summary Judgment Standard Summary judgment may be granted only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). In determining whether a genuine dispute of material fact exists to defeat a motion for summary judgment, the evidence is viewed in the light most favorable to the party opposing summary judgment, drawing all justifiable inferences in the opposing party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). A fact is material if it is relevant or necessary to the outcome of the suit. Id. at 248. A factual dispute is genuine if the evidence would allow a reasonable jury to return a verdict for the nonmoving party. Id. The party seeking summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (internal quotation marks omitted). If the movant meets this burden, “[t]he burden then shifts to the nonmoving party, who is required to ‘go beyond the pleadings’ to establish that there is a ‘genuine issue for trial.’” Whitehead v. BBVA Compass Bank, 979 F.3d 1327, 1328 (11th Cir. 2020) (quoting Celotex Corp., 477 U.S. at 324). This evidence must consist of more than conclusory allegations. See Avirgan v. Hull, 932 F.2d 1572, 1577 (11th Cir. 1991). In sum, summary judgment must be entered Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 3 of 19
4 “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex, 477 U.S. at 322. II. Plaintiff’s Failure to Respond Plaintiff did not respond to Defendants’ motion for summary judgment or their statement of facts. The Local Rules of the United States District Court for the Middle District of Georgia (hereinafter “Local Rules”) provide: The respondent to a motion for summary judgment shall attach to the response a separate and concise statement of material facts, numbered separately, to which the respondent contends there exists a genuine dispute to be tried. Response shall be made to each of the movant’s numbered material facts. All material facts contained in the movant’s statement which are not specifically controverted by specific citation to particular parts of materials in the record shall be deemed to have been admitted, unless otherwise inappropriate. M.D. Ga. L.R. 56. Because Plaintiff did not respond to the summary judgment motion, and thus did not specifically controvert any material facts set forth in Defendants’ statement of undisputed material facts (ECF No. 92-1), the facts set forth therein are deemed admitted where appropriate. The Court, however, “cannot base the entry of summary judgment on the mere fact that the motion was unopposed, but, rather, must consider the merits of the motion.” United States v. One Piece of Real Prop. Located at 5800 SW 74th Ave., 363 F.3d 1099, 1101 (11th Cir. 2004). In considering the merits of a motion for summary judgment, even an unopposed motion, a court must “review all of the evidentiary materials submitted in support of the motion for summary judgment.” Id. at 1101-02. In other words, the court cannot simply accept the facts stated in a moving Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 4 of 19
5 party’s statement of material facts as true, but must also review the movant’s citations to the record and confirm that there are no issues of material fact. Id. at 1103 n.6. Moreover, Rule 56 of the Federal Rules of Civil Procedure allows the Court to consider the entire record when ruling on a motion for summary judgment: “The court need consider only the cited materials, but it may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3); see Baker v. Sears, Roebuck & Co., 903 F.2d 1515, 1519 (11th Cir. 1990) (“[T]he court must consider the entire record in the case, not just those pieces of evidence which have been singled out for attention by the parties.”). III. Undisputed Material Facts On February 20, 2022, Plaintiff was attacked by another inmate in the dayroom at ASP, causing a laceration to Plaintiff’s face. Pl.’s Dep. 12:21-13:10, 13:17-20, ECF No. 111-1; Williams Ex. 2, at 1, ECF No. 92-6. Later that night, Plaintiff—who was assigned to the top bunk in his cell—attempted to get off his bunk to use the restroom when he fell and hit his face on a desk.3 Pl.’s Dep. 12:24-13:1, 13:21-14:5, 15:8-10. He blacked out and later woke up in a pool of blood. Id. at 14:15-22. Plaintiff was able to get back into his bunk, and he stayed there until 9:30 a.m. the next morning, when he reported his injury to a guard and was taken to the prison medical unit. 4 Id. at 15:20-16:20. The medical unit determined that 3 Plaintiff attributed the fall to a decision by the Georgia Department of Corrections (“GDC”) to remove ladders from bunks, thus requiring Plaintiff to jump from the top bunk to the desk stool to get down. Pl.’s Dep. 13:23-14:5, 42:10-16. 4 Plaintiff initially only reported the fall from the bunk and not the inmate attack. Pl.’s Dep. 13:11-14; Williams Ex. 2, at 5. In his deposition, Plaintiff explained that this was because he initially did not believe the attack caused his injuries but that now he was unsure. Pl.’s Dep. 13:1-3, 13:14-16. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 5 of 19
6 Plaintiff’s injuries required that he be seen at an outside facility. Id. at 16:21-23. Warden Myers and another prison official were present in the medical unit at the time and approved Plaintiff’s transport to the hospital. Id. at 17:18-18:3. Plaintiff was taken to Phoebe Putney Memorial Hospital (“Phoebe Putney”) by Officer Christopher and another officer. Id. at 20:11-17; Williams Ex. 1, at 5, ECF No. 92-5. An emergency room physician examined Plaintiff, stitched the lacerations to his face, and ordered a CT scan. Pl.’s Dep. 21:18-22:10. It was determined that Plaintiff suffered multiple broken bones to his face, a broken jaw, and a laceration to his eye. Id. at 42:16-18. According to Plaintiff’s deposition testimony, the emergency room physician told the escorting officers that Plaintiff needed emergency facial reconstruction surgery and that he had already reserved an operating room and notified the on-call surgeon. Id. at 22:1-6, 23:1-7. Officer Christopher then called Defendant Lieutenant Williams and told him that the emergency room physician had ordered reconstructive surgery due to the seriousness of Plaintiff’s injuries. Id. at 23:22-24:4, 25:16-20. Williams—whose duties as the officer in charge of second shift included keeping track of inmate movements—responded that unless bones were protruding through Plaintiff’s face, Christopher was not to let Plaintiff have surgery.5 Id. at 24:4-7, 25:20-24; Williams Decl. ¶ 2, ECF Nos. 92-4, 95-1. Christopher again told Williams of the emergency room physician’s statements about the seriousness of Plaintiff’s injuries and need for urgent reconstructive surgery. Pl.’s Dep. 24:8-13, 25:25-26:6. In response, Williams stated, “[L]et me repeat myself, if his bones are 5 Plaintiff testified that his bones were never protruding through his face. Pl.’s Dep. 52:12-17. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 6 of 19
7 not protruding through his face, do not let him have surgery and bring him back to Autry now.”6 Id. at 26:6-9. Plaintiff testified that Christopher had his cell phone on speakerphone during this conversation, that Plaintiff recognized Williams’s voice, and that Williams identified himself when he answered the phone. Id. at 24:18-25. Following the emergency room visit, officers returned Plaintiff to ASP. Id. at 27:1; Williams Ex. 2, at 6. Williams met Plaintiff upon his return and escorted him to administrative segregation, explaining to Plaintiff that Myers had ordered the placement so that Plaintiff could be “isolated from any further injury and given the chance to heal.” Pl.’s Dep. 27:7-9, 27:16-18, 28:4-8. The ASP administrative segregation unit had its own medical unit, and inmates would be escorted to the medical room to see providers. Id. at 32:1-7. According to Plaintiff, nurses did pill call twice a day in segregation, and he received medication every day, though he believes he was just on nighttime medication. Id. at 31:5-16. Furthermore, Plaintiff reported seeing Defendant Bradford—a physician’s assistant—“multiple times on a person-to-person basis.” Id. at 31:20-23, 37:4-20. This included weekly appointments and those occasions when Bradford was doing rounds checking on the well-being of inmates, which occurred multiple times during the week. Id. at 66:4-16. 6 Williams denies giving the order or being involved in Plaintiff’s transport to and from the hospital. Williams Decl. ¶ 18, ECF No. 92-4. However, Plaintiff testified that Williams identified himself on the phone and that he recognized Williams’s voice. Pl.’s Dep. 24:18-25. Williams cites movement history records showing that another officer authorized Plaintiff’s transport to and from the hospital. Williams Decl. ¶ 19; Williams Ex. 1, at 5-6. However, these records do not disprove or contradict Plaintiff’s testimony that it was ultimately Williams who told Officer Christopher to return Plaintiff to ASP without having the surgery. Therefore, the Court assumes for summary judgment purposes that the conversation with Christopher occurred and that Williams gave the order as described. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 7 of 19
8 During the time Plaintiff was in administrative segregation, he testified that he was denied pain relief medication and an altered diet—which he said he needed because he could not chew his food. Id. at 11:10-12, 31:16-20, 44:8-16. He spoke “every time” that the nurses came to his cell about his need for pain medication and an altered diet and spoke to Bradford about it as well. Pl.’s Dep. 31:16-23, 65:21-25. He contended that Brown and Williams had the authority to give inmates over-the-counter pain medication and that each housing unit kept Tylenol for that purpose. Id. at 33:13-17, 34:12-19. Brown—who was the building supervisor— never provided Plaintiff with over-the-counter medication, though on rare occasions, he received some from two other officers. Id. at 29:20-22, 33:18-34:2. In addition, although Brown and Williams did not have the authority to place Plaintiff on a prescription medical diet, they could order that inmates be provided with specialty trays, such as a soft-diet tray. Id. at 32:8-33:12. While Plaintiff was in ASP administrative segregation, he was waiting to be seen by a specialist for further evaluation and treatment of his injuries. Bradford saw Plaintiff upon his initial return to ASP from Phoebe Putney and referred him for an “emergency consult” for facial reconstructive surgery. Id. at 36:21-37:1, 55:23-56:11. However, according to Plaintiff, two weeks went by without him being seen by the specialist. Id. at 56:11-13. Bradford then put in another consult request, and two weeks later Plaintiff was finally seen by a specialist at Augusta State Medical Prison (“ASMP”). Pl.’s Dep. 56:13-16, 56:24-57:4. The specialist informed Plaintiff that he needed urgent surgery and that the surgery was “supposed” Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 8 of 19
9 to occur the following week. Id. at 59:21-25. However, the surgery did not occur, and Bradford had to request another consultation. Id. at 60:1-4. Plaintiff returned to the specialist, who confirmed the need for surgery, and again scheduled it for the following week. Id. at 60:4-8 Again, the week went by without the surgery. Id. at 60:9. Plaintiff testified that the following week, Warden Myers woke him up for an emergency transport to Augusta. Id. at 60:10-12 Myers told Plaintiff that he had been “woken up in the middle of the night by the deputy warden of care and treatment for Augusta because [Plaintiff] had missed multiple surgery dates.” Pl.’s Dep. 60:12-16. Plaintiff was transported to ASMP on April 12, 2022, and then taken to Augusta University Hospital on April 15, 2022, where he underwent surgery. Id. at 58:12-20; Williams Ex. 1, at 2. Plaintiff returned to ASP on April 28, 2022. Pl.’s Dep. 58:25-59:2; Williams Ex. 1, at 1. In approximately December 2022 or January 2023—when he was in the “final point of recovery from having surgery”—Plaintiff was scheduled to receive a “top plate” to replace the teeth taken out during his reconstructive surgery. Pl.’s Dep. 39:13-18, 40:5-11. Plaintiff was supposed to get “the casting for his dentures.” Id. at 40:18-21. However, Brown would not let Plaintiff leave for the appointment because he was dressed only in shorts. Id. at 39:18-21. She instructed Plaintiff to “get nude” in front of her and another inmate and to “put on a pair of pants.” Id. at 39:23-25 Brown refused to turn her head while Plaintiff changed his clothes, and because Plaintiff refused “to get naked and change [his] clothes in front of her,” she refused to take him to his appointment. Id. at 39:25-40:4. As of the date of his Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 9 of 19
10 deposition in October 2024, Plaintiff had still not received the casting. 7 Id. at 40:22-23. He stated that he filed a Prison Rape Elimination Act (“PREA”) complaint against Brown. Pl.’s Dep. 40:12-14 IV. Deliberate Indifference Standard “To prevail on a deliberate indifference to serious medical need claim, [p]laintiffs must show: (1) a serious medical need; (2) the defendants’ deliberate indifference to that need; and (3) causation between that indifference and the plaintiff’s injury.” Mann v. Taser Int’l, Inc., 588 F.3d 1291, 1306-07 (2009). Whether a plaintiff has a serious medical need is an objective inquiry. Farrow v. West, 320 F.3d 1235, 1243 (11th Cir. 2003). “[A] serious medical need is considered one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor’s attention.” Id. (quotation marks omitted). Further, “the medical need must be one that, if left unattended, poses a substantial risk of serious harm.” Id. (internal quotation marks omitted). “[M]edical treatment violates the Constitution only when it is so grossly incompetent, inadequate, or excessive as to shock the conscience or to be intolerable to fundamental fairness.” Dang ex rel. Dang v. Sheriff, 871 F.3d 1272, 1280 (11th Cir. 2017) (internal quotation marks omitted). 7 In his objections/supplement to the second recast complaint, Plaintiff suggested that Brown caused a delay of his facial reconstructive surgery by removing orders from his medical file when he returned from ASMP. Pl.’s Objs. 2-3, ECF No. 32. However, in his deposition, Plaintiff admitted that he never saw Brown actually go through his medical file, and when asked if she ever caused him to miss an appointment, the only incident Plaintiff mentioned was the one where she allegedly told him to change his pants in front of her. Pl.’s Dep. 38:23-39:9, 39:10-40:7. Thus, the Court deems this speculative allegation as abandoned, and to the extent it is not, it recommends Brown be granted summary judgment on the claim because of a lack of evidence. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 10 of 19
11 To satisfy the deliberate indifference element, a “plaintiff must demonstrate that the defendant acted with subjective recklessness as used in the criminal law.” Wade v. McDade, 106 F.4th 1251, 1262 (2024) (quotation marks omitted). “[T]o do so, [the plaintiff] must show that the defendant was actually, subjectively aware that his own conduct caused a substantial risk of serious harm to the plaintiff—with the caveat . . . that even if the defendant actually knew of a substantial risk to inmate health or safety, he cannot be found liable . . . if he responded reasonably to the risk.” Id. (quotation marks omitted). V. Defendants’ Motion for Summary Judgment In his second recast complaint, as supplemented by his objections to the Court’s original report and recommendation, Plaintiff alleges that Williams and Brown were deliberately indifferent to his serious medical needs in the following ways: (1) Williams prevented him from having surgery at Phoebe Putney on February 21, 2022, resulting in him enduring unnecessary pain and suffering for fifty-one days until he finally underwent surgery; (2) Williams and Brown refused to provide him pain medication and an altered diet to account for his inability to chew food; and (3) Brown prevented him from going to an appointment to have a mold cast for a dental plate to replace the teeth removed during his facial reconstruction surgery. 2d Recast Compl. 11-13, 17; Pl.’s Objs. 1-4. Defendants move for summary judgment on the grounds that Plaintiff cannot show deliberate indifference and because they are entitled to qualified immunity. Defs.’ Br. in Supp. of Mot. for Summ. J. 7-12, ECF No. 92-2. The Court agrees that Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 11 of 19
12 Defendants are entitled to summary judgment as it pertains to the pain medication and the dental plate replacement claims but not as to the surgery and altered diet claims. A. Delay in Facial Reconstruction Surgery Williams argues that he is entitled to summary judgment on the surgery claim because Plaintiff has not placed medical records into evidence to show that the delay in surgery exacerbated his medical condition. Defs.’ Br. in Supp. of Mot. for Summ. J. 9. However, Plaintiff has never alleged that the delay in surgery worsened his medical condition, only that the delay caused him unnecessary pain and suffering.8 2d Recast Compl. 5. Williams also argues that even if he gave the order to return Plaintiff to ASP without surgery, Plaintiff cannot show that Defendant was “actually, subjectively aware that this alleged statement was given knowing that it would cause Plaintiff not to receive surgery or any form of treatment that had been prescribed or recommended at that time.” Defs.’ Br. in Supp. of Mot. for Summ. J. 9. Williams asserts that “[t]here is no evidence that [he] spoke with the outside medical provider about the alleged seriousness of Plaintiff’s facial injury before Plaintiff was ordered returned to ASP.” Id. at 10. This is disingenuous. The evidence shows that Officer Christopher relayed to Williams in great detail what the emergency room doctor had said about Plaintiff’s medical condition and the need for urgent 8 Further, the Court notes that Defendants have also not placed Plaintiff’s medical records into evidence even though they likely have greater ability to do so than Plaintiff, who is both indigent and incarcerated. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 12 of 19
13 reconstructive surgery, including the fact that the emergency room doctor had ordered the surgery. Pl.’s Dep. 23:22-24:16, 25:16-26:9. Despite this Williams refused to allow the surgery and ordered Plaintiff’s return to ASP. And even if he was not himself authorized to approve the surgery, the evidence shows that he did not even attempt to explain the situation to one who had such authority and seek approval. Defendant has not presented any evidence that the GDC had a policy to not allow emergency surgery or that such approval could not have been obtained under the circumstances. Williams also argues that there is no evidence that he actually knew that by not approving the surgery that “Plaintiff’s pain would not be adequately treated at ASP or that he would not have facial surgery until April 18, 2022.” Defs.’ Br. in Supp. of Mot. for Summ. J. 10. However, Williams denies the conversation with Christopher even took place and has not presented any evidence as to what may have been going through his mind at the time he ordered Plaintiff’s return without surgery. As it is, the evidence shows that Williams refused to allow urgent surgery to relieve Plaintiff’s pain and suffering without any apparent justification. The evidence is sufficient to allow a jury to conclude that Williams was actually, subjectively aware that by refusing to allow urgent surgery— as opposed to treatment at some unknown date and time—he was causing a substantial risk of serious harm to the plaintiff. B. Pain Medication and Altered Diet In Plaintiff’s second recast complaint—as supplemented by his objections—he alleges that Defendants refused to provide him necessary pain medication and an Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 13 of 19
14 altered diet. 2d Recast Compl. 11-12; Pl.’s Objs. 2. Regarding the pain medication, the Court concludes that Defendants are entitled to summary judgment. Plaintiff admits that while he was in administrative segregation, pill-call nurses came by twice a day and he saw Bradford multiple times during the week. Pl.’s Dep. 31:5-23, 66:4- 19. This was in addition to Plaintiff’s consultations at ASMP. Id. at 59:16-18. Thus, Williams and Brown could not be faulted for trusting these medical providers to prescribe any necessary pain medication, and their failure to intervene does not constitute “subjective recklessness as used in the criminal law.”9 Wade, 106 F.4th at 1262. The Court reaches a different conclusion as to the altered diet. Defendants do not address this claim in their brief, though in their declarations, they both state that they had no authority to “place inmates on special diets for medical conditions.” Williams. Decl. ¶ 6; Brown Decl. ¶ 5 ECF Nos. 92-7, 95-2. However, Plaintiff’s claim is not that they deprived him of a medically prescribed diet. He admitted in his deposition that neither had the authority to place him on a prescription diet. Pl.’s Dep. 32:10-11, 17-19. His allegation is not that he needed a special diet as far as calories, sodium, nutrients, etc. His claim is much more basic. He alleges that due to his broken jaw, he literally could not chew his food. Pl.’s Objs. 2; Pl.’s Dep. 11:10- 12, 31:18-21. According to Plaintiff, both Williams and Brown could make the “command decision” to give him a different tray, including soft diet tray, and that he 9 Further, although neither Defendant cites it as a reason for not giving Plaintiff over-the-counter pain medication, Plaintiff admitted in his deposition that he had in the past taken too many pills while in custody. Pl.’s Dep. 34:6-11. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 14 of 19
15 had seen them do that on other occasions. Pl.’s Dep. 32:8-33:12. Neither Defendant has submitted evidence to refute this allegation Thus, the undisputed evidence as it stands shows that despite knowing that Plaintiff could not chew his food, Defendants refused to provide him with an altered food tray that Plaintiff could eat with his broken jaw. A jury could conclude that this refusal constitutes deliberate indifference. C. Dental Treatment Brown does not specifically address Plaintiff’s allegation that she refused to escort him to an appointment to get a mold casting for dentures because he would not “get naked” in front of her. Pl.’s Objs. 3-4; Pl.’s Dep. 39:10-40:11. Instead, she denies generally ever preventing Plaintiff from receiving medical care or being aware of him missing or being denied such treatment. Brown Decl. ¶¶ 16, 18. Nevertheless, even assuming the incident occurred, Plaintiff cannot show that Brown “was actually, subjectively aware” that her “conduct caused a substantial risk of serious harm to [Plaintiff].” Wade, 106 F.4th at 1262. According to Plaintiff’s allegations, the appointment at issue was not away from the prison but at the “Facility Dental Office.” Pl.’s Objs. 3. Further, the purpose of the appointment was simply to get fitted for dentures. Pl.’s Dep. 40:20-21. Thus, while Brown’s conduct—if it occurred as alleged—may have been reprehensible, the evidence does not support her being aware that causing Plaintiff to miss this one visit to the prison dentist office would cause a substantial risk of serious harm to Plaintiff.10 10 At the time of Plaintiff’s deposition, he had still not received the casting for dentures. Pl.’s Dep. 40:22-23. Plaintiff offers no explanation as to why he could not have gotten fitted for the dentures at Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 15 of 19
16 D. Qualified Immunity 1. Qualified immunity standard “[Q]ualified immunity offers complete protection for government officials sued in their individual capacities as long as their conduct violates no clearly established statutory or constitutional rights of which a reasonable person would have known.” Oliver v. Fiorino, 586 F.3d 898, 904 (11th Cir. 2009) (quotation marks omitted). A defendant seeking qualified immunity must show that, at the time of the alleged wrongful acts, “he was acting within the scope of his discretionary authority.” Id. at 905. Once this is established, “the burden then shifts to the plaintiff to show that the grant of qualified immunity is inappropriate.” Id. To do so, a plaintiff must “demonstrate: first, that the facts when viewed in a light most favorable to the plaintiff establish a constitutional violation; and, second, that the illegality of the officer’s actions was clearly established at the time of the incident.” Id. (quotation marks omitted). Here, there is no dispute that Defendant was acting in the scope of his discretionary authority. 2. Defendants are not entitled to qualified immunity Defendants argue that they are entitled to qualified immunity because Plaintiff cannot show that they violated his constitutional rights. Defs.’ Br. in Supp. of Mot. for Summ. J. 12. However, as discussed above, the Court concludes that there is an issue of fact as to whether Defendants violated Plaintiff’s constitutional another time, considering the dental office was at the prison. Plaintiff identified only this single occasion as one where Brown caused him to miss an appointment. Id. at 39:10-40:11. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 16 of 19
17 rights by not authorizing surgery and by refusing to provide him with an altered diet. Defendants do not address the clearly-established prong of the qualified immunity analysis. Nevertheless, it was clearly established at the time of the events in this case that deliberate indifference to Plaintiff’s serious medical needs was illegal. Melton v. Abston, 841 F.3d 1207, 1232 (11th Cir. 2016) (“And it is clearly established that a delay in treatment which results in additional pain and suffering constitutes deliberate indifference.”), overruled in part on other grounds by Wade, 106 F.4th at 1255; Harris v. Coweta Cnty., 21 F.3d 388, 393 (11th Cir. 1994) (“It is well settled that prison officials’ deliberate indifference to prisoners’ serious medical needs gives rise to a constitutional claim.”); Brown v. Hughes, 894 F.2d 1533, 1538 (11th Cir. 1990) (“[A]n unexplained delay of hours in treating a serious injury states a prima facie case of deliberate indifference.”); Taylor v. Blue, 824 F. App’x 994, 995 (11th Cir. 2020) (“It is also well established that a ‘few hours’ delay’ in treating serious and painful injuries like broken bones may amount to deliberate indifference.” (quoting Harris, 21 F.3d at 394)); Brown v. Thompson, 868 F. Supp. 326, 330 (S.D. Ga. 1994) (“Denial of food and medical attention are, prima facie, clearly established violations of the Eighth Amendment.” (collecting cases)). Consequently, Defendants’ motion for summary judgment based on qualified immunity should be denied as to the two surviving claims. SUMMARY In summary, the Court concludes that there are genuine issues of material fact on Plaintiff’s claims that Defendants’ refusal to authorize surgery and to provide an Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 17 of 19
18 altered diet constituted deliberate indifference to a serious medical need in violation of the Eighth Amendment.11 On Plaintiff’s remaining claims, the Court agrees that he has failed “to go beyond the pleadings to establish that there is a genuine issue for trial,” and therefore recommends that Defendants be granted summary judgment on those claims. Whitehead, 979 F.3d at 1328 (quotation marks omitted) CONCLUSION For the reasons explained above, it is recommended that Defendants Brown and Williams’s motion for summary judgment (ECF No. 92) be GRANTED IN PART AND DENIED IN PART. Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension of time to file objections, within FOURTEEN (14) DAYS after being served with a copy hereof. Any objection should be no longer than TWENTY (20) PAGES in length. The district judge shall make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error. The parties are hereby notified that, pursuant to Eleventh Circuit Rule 3-1, “[a] party failing to object to a magistrate judge’s findings or recommendations 11 Defendants cite a single sentence from Plaintiff’s deposition to suggest that he admitted that Defendants did not act with deliberate indifference. Defs.’ Br. in Supp. of Mot. for Summ. J. 11. The testimony at issue came in response to questions about whether Plaintiff was able to see medical providers while in administrative segregation and whether he was ever denied a sick call request form for such appointment. Pl.’s Dep. 34:20-35:13. Plaintiff explained that there were such occasions but attributed it to understaffing and forgetfulness. Id. at 35:15-36:8. He then stated, “I don’t believe any people that were involved in this were of malicious intent.” Id. at 36:11-13. Plaintiff never mentions Defendants in this exchange, and in context, it is clear that Plaintiff was only referring to sick calls for appointments at ASP. He has never alleged a problem with seeing ASP medical providers while in administrative segregation, and as discussed herein, admits seeing Bradford on multiple occasions. Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 18 of 19
19 contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice.” SO RECOMMENDED, this 14th day of November, 2025. s/ Amelia G. Helmick UNITED STATES MAGISTRATE JUDGE Case 1:23-cv-00014-LAG-AGH Document 112 Filed 11/14/25 Page 19 of 19
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