United States District Court, D. Montana, Missoula Division
RODNEY A. EDMUNDSON, Plaintiff,
TAMMY BOWEN, Defendants.
JEREMIAH C. LYNCH, Magistrate Judge.
This matter is before the Court on Plaintiff Rodney Edmundson's Motion to Compel Discovery (Doc. 28) and Defendant Bowen's Motion for Summary Judgment. (Doc. 31.) Pursuant to 28 U.S.C. § 636(c), Fed.R.Civ.P. 73, and upon the written consent ofthe parties, this matter has been assigned to the undersigned to conduct all further proceedings, enter judgment, and conduct all post-trial proceedings in this matter. (Notice of Assignment, Doc. 20).
For the reasons discussed, the Motion to Compel will be denied, the Motion for Summary Judgment will be granted, and judgment will be entered in favor of Defendant.
Edmundson was incarcerated in the Flathead County Detention Center from April 25, 2012 to August 7, 2012. (Bowen Facts, Doc. 34 at ¶ 1; Edmundson Facts, Doc. 38 at ¶ 1.) During this time, Edmundson suffered from back and hip pain as a result of a slip and fall in 2005. (Amended Complaint, Doc. 6 at 3.) During his prior incarcerations at the Flathead County Detention Facility, Edmundson received prescription pain medications. (Amended Complaint, Doc. 6-1 at 4, ¶ 19.)
Nurse Bowen has been a registered nurse for 30 years and is a nurse provider at the Flathead County Detention Facility. (Bowen Facts, Doc. 34 at ¶ 2.) As part of her responsibilities at the detention facility, Nurse Bowen dispenses prescription medications and, where appropriate, medications as requested by inmates. (Bowen Facts, Doc. 34 at ¶ 3.)
On May 4, 2012, Edmundson spoke with Nurse Bowen about resuming his prescription medications he had purportedly been prescribed prior to his incarceration. Nurse Bowen informed Edmundson that she did not believe that he had been examined by an outside doctor and prescribed medications. She told him she would be calling the Bozeman Police Department to verify that Edmundson had been arrested with a backpack containing medications which the authorities at the Gallatin County Detention Facility refused to give him. Nurse Bowen told Edmundson that she did not know anything about his medications and he needed to submit another sick call request to be seen by the detention facility's physician, Dr. Dusing. (Amended Complaint, Doc. 2-1 at 6-7, ¶¶ 24-25.)
According to Bowen, Edmundson was receiving Tylenol, a brand name for Acetaminophen, during his incarceration on a "pm" or as needed basis. (Bowen Affidavit, Doc. 34-2 at 2, ¶ 5-6.) Edmundson disputes he was receiving Tylenol. But he does not dispute he was receiving a generic Acetaminophen. (Edmundson Response Brief, Doc. 37 at 4.)
On June 4, 2012, Edmundson submitted a grievance against "Medical Services" stating:
In regards to the medical services/treatment here at F.C.D. is "above" fair, the problem I've encountered is that I'm refused my prescribed medication now presently since 4-26-2012, when I arrived for the second time this year (the first being (1-20-2012 thru 3-5-2012), ) 1-20 thru 3-5 I was given my prescribed tramodol 50 mg & norflex 100 mg once a day; now it seems I have to see a doctor, or they needed information confirming that when I was released on 3-5-2012 did I get see [sic] by a Doctor and did I get my prescriptions filled, all this information has been verified a month ago, but I'm still being denied my medication(s) and to be see [sic] by Doctor Doozing.
(June 4, 2012 Grievance, Doc. 37-2 at 13.)
Edmundson alleges he submitted a second grievance on June 7, 2012 but it has not been produced by either party. In his amended complaint, Edmundson alleges he stated the following in that grievance,
I have chronic pain, I was given a prescription pain medicine from 1-2012 thru march 5, 2012 for my serious chronic medical condition by Defendant/Musing" and an outside physician. plaintiff came back to F.C.D.C. and was refused prescribed medications. plaintiff suffers pain needlessly by your conduct.
Edmundson alleges that for the action requested, he stated in part "Be given pain meds for my chronic pain." (Amended Complaint, Doc. 6-1 at 8-9, ¶ 51.)
Edmundson contends that at the morning medication call on June 14, 2012, he saw Nurse Bowen through the see-through plexiglass door and motioned for her and banged on the door. He contends she gave him a disgusting look and proceeded down the opposite direction of the hallway. (Doc. 38, Edmundson Facts at 4-5, ¶ 3; Doc. 37-1, Edmundson Affidavit at 4 ¶ 14.) Nurse Bowen counters that Edmundson did not appear at the medication call or request any Tylenol on June 14, 2012. (Bowen Facts, Doc. 34 at ¶ 5; Bowen Affidavit, Doc. 34-2 at 2, ¶ 7.)
On June 15, 2012, Edmundson appeared at medication call requesting Tylenol. According Edmundson's medical file the ...