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Ledoux v. Davies

United States Court of Appeals, Tenth Circuit
Apr 24, 1992
961 F.2d 1536 (10th Cir. 1992)

Summary

holding "[p]laintiff s conclusory allegations are insufficient to put a material fact in dispute"

Summary of this case from Strope v. Mckune

Opinion

No. 91-3355.

April 24, 1992.

Larry Ledoux, pro se.

Jon P. Fleenor, Asst. Atty. Gen., Topeka, Kan., for defendants-appellees.

Appeal from the United States District Court for the District of Kansas.

Before SEYMOUR, ANDERSON and BALDOCK, Circuit Judges.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause therefore is ordered submitted without oral argument.


Plaintiff-appellant Larry Ledoux appeals an order entering summary judgment in favor of Defendants-appellees Steven J. Davies, the former Secretary of Corrections for the State of Kansas, Raymond Roberts, the Deputy Secretary of Corrections and former Warden of Lansing Correctional Facility, and Robert Hannigan, the Warden of the Lansing Correctional Facility. Our jurisdiction arises under 28 U.S.C. § 1291.

On October 24, 1986, Plaintiff, who was an inmate at the Hutchinson Correctional Facility, injured his ankle when he slipped on a wet gymnasium floor at the facility while playing basketball. Plaintiff was transferred to the Hutchinson Medical Center for treatment including an operation, and he subsequently received medication for the pain associated with his injury.

On April 30, 1991, Plaintiff filed the present action under 42 U.S.C. § 1983, alleging that his injury was caused by Defendants' negligent and willful failure to maintain the facility properly, that he was denied pain medication and treatment by a specialist, that Defendants subjected him to unnecessary pain by confining him in an upper cell thereby forcing him to climb stairs, and that Defendants were recklessly indifferent to his medical needs and the safety of the facility. The district court granted summary judgment in favor of Defendants, holding that Plaintiff's claims were barred by the two year statute of limitations governing § 1983 actions arising in Kansas. See Johnson v. Johnson County Comm'n Bd., 925 F.2d 1299, 1301 (10th Cir. 1991). The district court further held that, to the extent that Plaintiff's claims of cruel and unusual punishment due to alleged deliberate indifference to his medical needs accrued within two years of the filing of the complaint, Plaintiff had failed to state a claim.

On the limitations issue, Plaintiff contends on appeal that he did not discover the fraud until April 1991; therefore, the statute of limitations is tolled until this time. However, Plaintiff offers no rational argument as to the nature of the fraud and how it inhibited him from discovering the constitutional violations he now alleges.

Plaintiff's arguments concerning Defendants' alleged deliberate indifference to his medical needs are similarly without merit. Plaintiff's contention that he was denied medication was contradicted by Plaintiff's own statement of uncontroverted facts that, according to his medical records, he was not denied any medication. Plaintiff's belief that he needed additional medication, other than that prescribed by the treating physician, as well as his contention that he was denied treatment by a specialist is, as the district court correctly recognized, insufficient to establish a constitutional violation. See Estelle v. Gamble, 429 U.S. 97, 107, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976) ("matter[s] of medical judgment" do not give rise to § 1983 claim); Ramos v. Lamm, 639 F.2d 559, 575 (10th Cir. 1980) (difference of opinion between inmate and prison medical staff regarding treatment or diagnosis does not itself state a constitutional violation), cert. denied, 450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 239 (1981); Smart v. Villar, 547 F.2d 112, 114 (10th Cir. 1976) (same).

Finally, Plaintiff's claim that Defendants were deliberately indifferent to his medical needs by housing him in an upper level cell, thereby forcing him to climb stairs, is without evidentiary support in the record. Plaintiff's medical records indicate that his recommended treatment included permanent restriction of his use of stairs. We recognize that intentional interference with prescribed treatment may constitute deliberate indifference. Estelle, 429 U.S. at 104-05, 97 S.Ct. at 291; Martin v. Board of County Comm'rs of Pueblo County, 909 F.2d 402, 406 (10th Cir. 1990) (per curiam). However, Plaintiff has not met his evidentiary burden to support his claim that Defendants were deliberately indifferent to his prescribed medical treatment when they housed him in an upper cell. See Celotex v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986) (once party moving for summary judgment points out an absence of proof on essential element of nonmovant's case, burden shifts to nonmovant to provide evidence to the contrary). Defendants' motion for summary judgment incorporated a Martinez report which indicated that Plaintiff had failed to complain to prison administrators about the stairs. A Martinez report is treated like an affidavit. Hall v. Bellmon, 935 F.2d 1106, 1112 (10th Cir. 1991). Plaintiff did not controvert the allegations of the Martinez report. Plaintiff's conclusory allegations are insufficient to put a material fact in dispute concerning Defendants' purpose in housing him in an upper level cell.

In Gamble v. Estelle, 554 F.2d 653 (5th Cir.) (per curiam), cert. denied, 434 U.S. 974, 98 S.Ct. 530, 54 L.Ed.2d 465 (1977), following remand from the Supreme Court, the Fifth Circuit held, on facts similar to the present case, that the plaintiff had, failed to state a § 1983 claim against prison officials under the deliberate indifference standard. Id. at 654. The plaintiff there had alleged that his treating physician had ordered that he be moved from an upper to a lower bunk due to a back injury, and that prison authorities had not complied with this directive. 429 U.S. at 99, 97 S.Ct. at 288. Plaintiff's assertion that Defendants forced him to climb stairs is similarly unsupported in this case by any evidence.

Plaintiff's motion for leave to proceed on appeal without prepayment of costs or fees is GRANTED, and the district court's order granting summary judgment for Defendants is AFFIRMED.


Summaries of

Ledoux v. Davies

United States Court of Appeals, Tenth Circuit
Apr 24, 1992
961 F.2d 1536 (10th Cir. 1992)

holding "[p]laintiff s conclusory allegations are insufficient to put a material fact in dispute"

Summary of this case from Strope v. Mckune

holding that no claim of constitutional dimension is stated where a prisoner challenges only matters of medical judgment or otherwise expresses a mere difference of opinion concerning the treatment received by an inmate

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holding that acts by non-medical prison officials that prevent access to treatment recommended or prescribed by medical personnel may constitute deliberate indifference

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holding that acts by non-medical prison officials that prevent access to treatment recommended or prescribed by medical personnel may constitute deliberate indifference

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finding evidence that inmate was housed in upper level cell when recommended treatment included a permanent restriction on use of stairs, without more, did not support an inference of deliberate indifference

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finding plaintiff's contention that he was denied treatment by a specialist is insufficient to establish a constitutional violation

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finding inmate's belief that he needed additional medication, other than that prescribed by a treating physician, was insufficient to establish a constitutional violation

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finding inmate's belief that he needed additional medication, other than that prescribed by a treating physician, was insufficient to establish a constitutional violation

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noting that types of medication prescribed and referrals to specialists are generally matters of medical judgment

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involving a dispute as to what medications were prescribed and noting that matters of medical judgment do not give rise to a § 1983 claim

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disregarding internally contradictory allegations

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noting that types of medication prescribed are generally matters of medical judgment

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explaining that prescribing medication and referring a patient to a specialist are generally matters of medical judgment that do not give rise to a § 1983 claim

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noting that types of medication prescribed and referrals to specialists are generally matters of medical judgment

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explaining that decisions such as the types of medications prescribed and referrals to specialists are generally matters of medical judgment

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explaining that where the plaintiff fails to controvert the allegations in the Martinez report, his conclusory allegations do not create a genuine issue of material fact

Summary of this case from Smith v. Trapp

noting that types of medication prescribed and referrals to specialists are generally matters of medical judgment

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noting that types of medication prescribed and referrals to specialists are generally matters of medical judgment

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noting that the types of medications prescribed are generally matters of medical judgment

Summary of this case from Sherman v. Klenke

noting that types of medication prescribed and referrals to specialists are generally matters of medical judgment

Summary of this case from Simmons v. Everett

noting that types of medication prescribed and referrals to specialists are generally matters of medical judgment

Summary of this case from Hall v. Pearson

observing that the plaintiff had offered no rational argument as to the nature of the fraud or how it kept him from discovering the alleged constitutional violations

Summary of this case from Warnick v. McCotter
Case details for

Ledoux v. Davies

Case Details

Full title:LARRY LEDOUX, PLAINTIFF-APPELLANT v. STEVEN J. DAVIES, SECRETARY OF…

Court:United States Court of Appeals, Tenth Circuit

Date published: Apr 24, 1992

Citations

961 F.2d 1536 (10th Cir. 1992)

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