1:24-cv-00240•Gentry #132047 v. Grand Prairie Healthcare Services, P.C. et al
Gentry #132047 v. Grand Prairie Healthcare Services, P.C. et al
1:24-cv-00240Miwd26 gen 2026
Testo completo
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD CHARLES GENTRY #132047, Plaintiff, Hon. Hala Y. Jarbou v. Case No. 1:24-cv-240 GRAND PRAIRIE HEALTHCARE SERVICES, P.C., et al., Defendants. ____________________________________/ REPORT AND RECOMMENDATION The Court has before it Plaintiff’s Motion for Summary Judgment as to Defendant Brandi Avery, R.N. (ECF No. 117) and Defendant Avery’s Motion for Summary Judgment (ECF No. 122). Both motions are fully briefed and ready for decision. Pursuant to 28 U.S.C. § 636(b)(1)(B), I recommend that the Court DENY Plaintiff’s motion and GRANT Defendant Avery’s motion. I. Background Plaintiff Richard Gentry, a prisoner incarcerated with the Michigan Department of Corrections (MDOC), sued several MDOC employees and contractors pursuant to 42 U.S.C. § 1983 alleging that they violated his rights under the Eighth Amendment due to deliberate indifference to his serious medical needs, namely his back, leg, and foot pain and numbness. The events at issue occurred at the Lakeland Correctional Facility (LCF). The remaining Defendants are Nurse Avery and Rickey Coleman, D.O. The Court previously summarized Gentry’s claims against Nurse Avery as follows: Plaintiff claims that, on April 8, 2024, after exercising the previous day, Plaintiff began experiencing intense pain in his right thigh and lower extremities. ([ECF No. Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 1 of 12
2 17,] PageID.99.) The pain seemed to be expanding the following day and worsened on April 10, 2024. (Id.) At 9:00 a.m. on April 10, 2024, Plaintiff spoke with non-party Officer Heath and asked that he contact healthcare; Officer Heath complied. (Id.) When healthcare did not return Officer Heath’s call by 11:00 a.m., Plaintiff asked that Officer Heath call again. (Id.) When “the call came,” Plaintiff told Nurse Avery that he had been experiencing excruciating pain for three days and had to shower while sitting for the first time in his life. (Id.) Nurse Avery advised that it seemed to be a “nerve issue,” and instructed Plaintiff to continue taking naproxen. (Id.) After his call with Nurse Avery, Plaintiff submitted a medical kite and told non- party Sergeant Clemens of his “dilemma” and that going over bumps in his wheelchair intensified his pain. (Id., PageID.100.) Sergeant Clemens instructed Plaintiff to ask a second shift officer to call healthcare again, which he did; however, he did not receive a return call. (Id.) On April 11, 2024, Plaintiff was examined by non-party Nurse Bowerman, who took Plaintiff’s vitals, except for his weight, and spoke with Plaintiff. (Id.) Nurse Bowerman provided Plaintiff with ibuprofen and Tylenol to take with the naproxen that Plaintiff had been previously ordered, gave Plaintiff a page of exercises, and supplemented Plaintiff’s medical detail to include “no work, lay in, and wheelchair for distance, for 5 days.” (Id.) On April 18, 2024, after experiencing no changes to his condition, Plaintiff presented to healthcare and met with non-party Mr. Baker. (Id., PageID.101.) Plaintiff asked Mr. Baker how Mr. Baker could assist Plaintiff in “getting back on [his] feet.” (Id.) However, when Mr. Baker told Plaintiff that he would need to perform an assessment, including taking Plaintiff’s vitals, Plaintiff declined the assessment. (Id.) (ECF No. 25 at PageID.150–51.) Gentry, who is 71 years old,1 has a history of back, leg, and foot pain due to degenerative spine issues, for which he has received treatment while incarcerated with the MDOC. As of December 2018, Gentry had acute radiculopathy bilaterally with low back pain and numbness. (ECF No. 123-2 at PageID.1027.) During an August 22, 2018 visit with a neurologist, Gentry reported symptoms of paresthesia and difficulty walking. The doctor diagnosed radiculopathy of the lumbosacral region and polyneuropathy. (Id. at PageID.1030–31.) In September 2019, Gentry 1 See https://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=132047. Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 2 of 12
3 underwent an open laminectomy of L4-S1 with bilateral medial foraminotomy. (Id. at PageID.1038.) Still, he continued to experience back pain with radicular pain. (Id.) In early February 2024, Gentry was seen at the Henry Ford Hospital pain clinic for back pain and radicular pain. (Id. at PageID.1038.) Following the visit, Gentry’s medical provider, Suzanne Groff, NP, established a plan of care (POC). NP Groff noted that Plaintiff had a history of chronic low back pain and expressed “complaints of continued low back pain down his posterior thighs,” “occasional sharp shooting/burning pains with movement,” “numbness/tingling down his legs into his feet,” “difficulty getting of bed in the morning,” and a need to stop and rest frequently due to pain. (Id.) NP Groff also noted that a lower extremity EMG study conducted in October 2023 indicated advanced acute radiculopathy bilaterally, and a December 2023 MRI study of the lumbar spine indicated that Gentry had multilevel degenerative changes and lumbar spondylosis. (Id.) The pain clinic visit resulted in a recommendation for a trial of Caudal ESI (epidural steroid injection), which required MDOC staff approval. (Id.) By February 6, 2024, Caudal ESI had been approved and was pending scheduling. (Id. at PageID.1040.) NP Groff prescribed Gentry Naproxen 375 mg. twice per day as needed and encouraged him to continue with activity modifications, HEP (home exercise program) stretches, and over-the-counter medications as needed. (Id. at 1040, 1043.) Gentry received the Caudal ESI on March 19, 2024. (Id. at PageID.1047.) Gentry’s single phone call with Nurse Avery occurred about three weeks later, on April 10, 2024. During the call, Gentry said that he was experiencing back pain radiating down his right leg and into his right arm, accompanied by numbness and tingling. (ECF No. 123-2.) Gentry reported that he had been experiencing these symptoms for three days. Nurse Avery instructed Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 3 of 12
4 Gentry to continue taking Naproxen and doing HEP stretches to help alleviate the pain. (Id.) Gentry insisted on being seen right away and asked for Nurse Avery’s name. However, Nurse Avery instructed Gentry to kite healthcare and look for a nursing callout. (Id.) At the time of this conversation, Nurse Avery was aware of Gentry’s medical history and the POC that NP Groff had in place for his back issues, and she instructed him on steps to alleviate his pain consistent with the POC. (ECF No. 123-3 at PageID.1058.) Based on the information Gentry provided, Nurse Avery did not believe that Gentry was experiencing a medical issue that required immediate examination. (Id.) Gentry submitted a kite as instructed and received a nursing callout the following day. Nurse Bowerman examined Gentry and noted gait abnormality, but she observed no abnormalities in his back or muscle area, and he had normal motor strength. The POC was to continue taking Naproxen as ordered and alternate with Tylenol and apply a warm compress to the area before doing light stretching. (Id. at PageID.1053–54.) One week later, on April 18, 2024, Gentry went to healthcare after kiting about continued back pain and was seen by Nurse Baker. (Id. at PageID.1056.) Gentry appeared agitated and spoke to Nurse Baker with a raised voice in rapid succession. He refused to allow Nurse Baker to do an assessment and told her to “just use the information from my last assessment and do something.” (Id.) Nurse Baker explained that he would need to do an assessment before making a POC, but Gentry refused and continued to speak with a raised voice and agitated tone. Gentry left after Nurse Baker told him to stop, indicating that he would just wait for his upcoming chronic care appointment. Nurse Baker told him to re-kite if he changed his mind and wanted an assessment. (Id. at PageID.1056.) Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 4 of 12
5 II. Motion Standard Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). Material facts are facts that are defined by substantive law and are necessary to apply the law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510 (1986). A dispute is genuine if a reasonable jury could return judgment for the non-moving party. Id. The court must draw all inferences in a light most favorable to the non-moving party, but may grant summary judgment when “the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” Agristor Fin. Corp. v. Van Sickle, 967 F.2d 233, 236 (6th Cir. 1992) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986)). While a moving party without the burden of proof need only show that the opponent cannot sustain his burden at trial, a moving party with the burden of proof faces a “substantially higher hurdle.” Arnett v. Myers, 281 F.3d 552, 561 (6th Cir. 2002). Where the moving party has the burden, “his showing must be sufficient for the court to hold that no reasonable trier of fact could find other than for the moving party.” Calderone v. United States, 799 F.2d 254, 259 (6th Cir. 1986). The Sixth Circuit has emphasized that the party with the burden of proof “must show that the record contains evidence satisfying the burden of persuasion and that the evidence is so powerful that no reasonable jury would be free to disbelieve it.” Arnett, 281 F.3d at 561. Accordingly, summary judgment in favor of the party with the burden of persuasion “is inappropriate when the evidence is susceptible of different interpretations or inferences by the trier of fact.” Hunt v. Cromartie, 526 U.S. 541, 553 (1999). Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 5 of 12
6 III. Discussion The Eighth Amendment’s prohibition against cruel and unusual punishment applies not only to punishment imposed by the state, but also to deprivations that occur during imprisonment and are not part of the sentence imposed. See Farmer v. Brennan, 511 U.S. 825, 834 (1994); Estelle v. Gamble, 429 U.S. 97, 101-02 (1976). Punishment that is without penological justification or involves the unnecessary and wanton infliction of pain also violates the Eighth Amendment’s proscriptions. See Rhodes v. Chapman, 452 U.S. 337, 346 (1981). In other words, the Eighth Amendment prohibits “the gratuitous infliction of suffering.” Gregg v. Georgia, 428 U.S. 153, 183 (1976). The unnecessary and wanton infliction of pain encompasses “deliberate indifference” to an inmate’s “serious medical needs.” Estelle, 429 U.S. at 104-06; Napier v. Madison Cnty., 238 F.3d 739, 742 (6th Cir. 2001). Determining whether denial of medical care amounts to an Eighth Amendment violation involves two steps. First, the court must determine, objectively, whether the alleged deprivation was sufficiently serious. A “serious medical need” sufficient to implicate the Eighth Amendment is “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.” Harrison v. Ash, 539 F.3d 510, 518 (6th Cir. 2008). Thus, the objective component is satisfied where a prisoner receives no treatment for a serious medical need. See Rhinehart v. Scutt, 894 F.3d 721, 737 (6th Cir. 2018). If the plaintiff’s claim, however, is based on “the prison’s failure to treat a condition adequately, or where the prisoner’s affliction is seemingly minor or non- obvious,” Blackmore v. Kalamazoo Cnty., 390 F.3d 890, 898 (6th Cir. 2004), the plaintiff must “place verifying medical evidence in the record to establish the detrimental effect of the delay in medical treatment.” Napier, 238 F.3d at 742 (internal quotation marks omitted). Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 6 of 12
7 If the plaintiff satisfies the objective component, he must then demonstrate that the defendant possessed a sufficiently culpable state of mind: a prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference. Farmer, 511 U.S. at 837. In other words, the plaintiff “must present evidence from which a trier of fact could conclude ‘that the official was subjectively aware of the risk’ and ‘disregard[ed] that risk by failing to take reasonable measures to abate it.” Greene v. Bowles, 361 F.3d 290, 294 (6th Cir. 2004) (citing Farmer, 511 U.S. at 829, 847). To satisfy this part of the analysis, the plaintiff must demonstrate that the defendant acted with “deliberateness tantamount to intent to punish.” Miller v. Calhoun Cnty., 408 F.3d 803, 813 (6th Cir. 2005). A. Defendant Avery’s Motion Defendant Avery contends that Gentry’s claim fails as to both components of his deliberate indifference claim. I agree. 1. Objective Component Gentry has not presented evidence necessary to establish the objective component of his claim. The medical evidence of record shows that Gentry’s degenerative spine issues that caused his pain in his back, legs, and feet were a chronic condition that the MDOC had treated for years. The most recent POC issued by his medical provider, NP Goff, called for Caudal ESI, Naproxen 375 mg. tablets or other over-the-counter medication, and stretching. The low back pain that Gentry reported to Nurse Avery on April 10, 2024, arose from the same medical condition for which he had received ongoing treatment. In other words, the pain arose from a flare-up of his Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 7 of 12
8 chronic condition and not from injury requiring emergent treatment. Under these circumstances, Gentry’s need for immediate medical care was non-obvious. To prevail on a claim of this nature, Gentry must “place verifying medical evidence in the record to establish the detrimental effect of the delay in medical treatment.” Johnson v. Karnes, 398 F.3d 868, 874 (6th Cir. 2005) (citations omitted). Generally, the required medical evidence must be in the form of expert testimony. Phillips v. Tangilag, 14 F.4th 524, 535 (6th Cir. 2021). Because Gentry presents no expert testimony, his claim fails. Moreover, Gentry’s medical records show that Nurse Bowerman examined Gentry the following day, did not report significant positive objective findings on examination other than an abnormal gait, and gave him essentially the same instructions as Nurse Avery had given him the day before, indicating no detrimental effect from a 24-hour delay. Alternatively, Gentry’s claim might be viewed as one of inadequate care. That is, based on the information Gentry provided over the phone, Nurse Avery assessed Gentry’s situation and determined he should continue to follow NP Groff’s POC and could kite if he wanted a nursing callout. To the extent Gentry contends that Nurse Avery should have seen him immediately or done something different, his claim still fails. As explained in Phillips: More frequently, doctors provide some care and prisoners challenge their treatment choices as inadequate. To establish the objective element in this common situation, prisoners must show more. Objectively speaking, this care qualifies as “cruel and unusual” only if it is “so grossly incompetent” or so grossly “inadequate” as to “shock the conscience” or “be intolerable to fundamental fairness.” Ordinary individuals outside a prison’s walls and inmates within those walls both face a risk that their doctors will perform incompetently. . . . But mere malpractice does not violate the Eighth Amendment. Only grossly or woefully inadequate care – not just care that falls below a professional standard – can be called “cruel and unusual.” For prisoners to prove grossly inadequate care, moreover, courts generally require them to introduce medical evidence, typically in the form of expert testimony. Phillips, 14 F.4th at 534–35 (internal citations omitted). Thus, even if viewed as an inadequate treatment claim, Gentry still fails to support it with the requisite evidence. Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 8 of 12
9 Gentry’s response largely consists of unsupported argument and conclusory assertions. To the extend Gentry suggests that NP Groff’s entries in the medical records are “false,” (ECF No. 127 at PageID.1078), his conclusory assertions are unpersuasive. See May v. Akers, No. 5:21-cv- 182, 2023 WL 3018005, at *6 n.3 (E.D. Ky. Mar. 2, 2023), report and recommendation adopted, 2023 WL 2611034 (E.D. Ky. Mar. 23, 2023) (“May asserts that the portion of the medical record indicating that he was given a pain injection is fabricated. He also alleges that many of the other medical records from the LAC and UK HealthCare contain false information. However, May provides nothing more than his bare assertions and conclusory allegations that staff at the LAC and UK HealthCare fabricated his medical records, which are insufficient to survive a motion for summary judgment.”). In any event, his argument that NP Groff inaccurately attributed use of the word “radiating” to him does not create a genuine issue of material fact. 2. Subjective Component As for the subjective component, Gentry “must present evidence from which a trier of fact could conclude ‘that [Nurse Avery] was subjectively aware of the risk’ and ‘disregard[ed] that risk by failing to take reasonable measures to abate it.’” Greene, 361 F.3d at 294 (quoting Farmer, 511 U.S. at 829, 847). Although Gentry argues that Nurse Avery was aware of his “serious medical need and did not respond reasonably,” (ECF No. 127 at PageID.1079), Nurse Avery states in her declaration that, while speaking with Gentry on April 10, 2024, she did not believe that he required immediate attention as she was aware of both his medical history and the POC that NP Groff had provided and relied on her training and experience to conclude that Gentry did not need to be seen right away. (ECF No. 123-3 at PageID.1058–59.) Gentry fails to present evidence that Nurse Avery was subjectively aware of a serious risk of harm to Gentry’s health and ignored that risk by Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 9 of 12
10 instructing him to follow NP Groff’s POC. The absence of such evidence creating a genuine issue of material fact provides an additional basis for summary judgment. 3. Qualified Immunity Nurse Avery also argues that she is entitled to qualified immunity. The doctrine of qualified immunity provides that government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); Dietrich v. Burrows, 167 F.3d 1007, 1012 (6th Cir. 1999). An “objective legal reasonableness” test is used to determine whether the official could reasonably have believed her conduct was lawful. Anderson v. Creighton, 483 U.S. 635, 639 (1987). “Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan, 555 U.S. 223, 231 (2009). The qualified immunity inquiry requires a court to decide whether the facts as alleged or shown make out a constitutional violation and whether the right that was allegedly violated was a clearly established right at the time of the alleged misconduct. Id. at 232. If the court can conclude that either no constitutional violation occurred or that the right was not clearly established, qualified immunity is warranted. The court may consider either prong of the inquiry without regard to sequence. Id. at 236. Because Gentry has failed to establish that a constitutional violation occurred, I further recommend that Nurse Avery is entitled to qualified immunity. Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 10 of 12
11 B. Gentry’s Motion Having reviewed Gentry’s motion, I conclude that he fails to carry his burden of demonstrating entitlement to summary judgment. That is, he has not shown that his “evidence is so powerful that no reasonable jury would be free to disbelieve it.” Arnett, 281 F.3d at 561. Rather, Gentry’s motion and supporting arguments essentially reflect his dissatisfaction and disagreement with Nurse Avery’s medical judgment during the April 10, 2024 phone call, but these are insufficient grounds for a deliberate indifference claim. “Where a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law.” Westlake v. Lucas, 537 F.2d 857, 860 n.5 (6th Cir. 1976). Moreover, the Sixth Circuit has firmly established that a prisoner’s disagreement with a medical provider’s judgment or approach to medical treatment fails to support an Eighth Amendment claim. See White v. Corr. Med. Servs., 94 F. App’x 262, 264 (6th Cir. 2004). Accordingly, Gentry’s motion should be denied. IV. Conclusion For the reasons set forth above, I recommend that the Court grant Nurse Avery’s Motion for Summary Judgment (ECF No. 122) and deny Gentry’s Motion for Summary Judgment. (ECF No. 117.) Dated: January 26, 2026 /s/ Sally J. Berens SALLY J. BERENS U.S. Magistrate Judge NOTICE OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within 14 days of the date of service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 11 of 12
12 objections within the specified time waives the right to appeal the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Case 1:24-cv-00240-HYJ-SJB ECF No. 131, PageID.<pageID> Filed 01/26/26 Page 12 of 12
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