United States District Court, D. Montana, Billings Division
Timothy J. Cavan, United States Magistrate Judge.
before the Court is Plaintiff Fails' Fed.R.Civ.P. 56
motion for summary judgment. See, (Doc. 26.) For the reasons
discussed herein, Fails' Motion for Summary Judgment will
John Daniel Fails, Jr., appearing pro se, was incarcerated at
the Custer County Detention Center ("CCDC") in
Miles City, Montana, from June 13, 2017, to August 1, 2017.
Defendant Tony Harbaugh is the Sheriff of Custer County;
Defendant Pat Roos is the Custer County Undersheriff;
Defendant Roland McGrath is the Detention Sergeant of the CCDC;
and Defendant Kim Jerke is a registered nurse who provides
medical services for inmates incarcerated at CCDC.
was extradited from Pocatello, Idaho on outstanding warrants
and transported to Custer County. On June 13, 2017, Fails
arrived at the CCDC and was held in custody awaiting
resolution of his criminal matters. On August 1, 2017, Fails
was transferred out of the CCDC and into the custody of the
Park County Detention Center in Livingston, Montana.
to his arrival at CCDC, Fails had been working with an Idaho
physician, Dr. Richard Curtis, to manage his Type 1 diabetes
and to treat diabetic ulcers on his feet. Upon his arrival at
CCDC, Fails met with Registered Nurse Jerke to discuss his
medical issues. Jerke arranged for Fails to see a local
physician, Dr. Diane Cadwell. On June 20, 2017, Dr. Cadwell
ordered a course of care for Fails which included medication,
regular monitoring of Fails' blood levels, a specific
diet, and cleaning and bandaging Fails' foot ulcers.
complains Nurse Jerke did not follow Dr. Cadwell's orders
while treating him at CCDC and, accordingly, failed to
provide adequate medical care under the Fourteenth Amendment
of the United States Constitution.
Fails asserts Sheriff Harbaugh and Undersheriff Roos both
failed to protect his rights by inadequately training CCDC
staff in violation of his constitutional rights. Fails
complains that Roos decided Fails should only be provided
double portions of meals at dinnertime, in contravention of
Dr. CadwelPs orders.
Fails alleges Sergeant McGrath abused his position by acting
as a trained medical professional. Fails asserts McGrath
ordered that Fails be segregated in a holding cell as a form
of punishment for his diabetes in violation of the Americans
with Disabilities Act ("ADA").
alleges that as a result of Defendants' collective
actions, his blood sugar dropped to dangerously low levels,
which resulted in his two separate hospitalizations at the
Holy Rosary Hospital in Miles City. Fails also alleges that
due to the inadequate care at CCDC, his diabetic foot ulcers
developed into bone infections, which required ongoing
medical care. This care included weeks of antibiotics,
installation of an intravenous PICC line, and amputation of
the small toe on his right foot.
claims are advanced under authority of 42 U.S.C. § 1983,
thereby invoking the federal question jurisdiction of this
Court pursuant to 28 U.S.C. § 1331
judgment is appropriate when the moving party "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). Under summary judgment practice,
"[t]he moving party initially bears the burden of
proving the absence of a genuine issue of material
fact." In re Oracle Corp. Sec. Litig., 627 F.3d
376, 387 (9th Cir. 2010) (citing Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986)). The moving party may
accomplish this by "citing to particular parts of
materials in the record, including depositions, documents,
electronically stored information, affidavits or
declarations, stipulations (including those made for purposes
of the motion only), admissions, interrogatory answers, or
other materials," or by showing that such materials
"do not establish the absence or presence of a genuine
dispute, or that the adverse party cannot produce admissible
evidence to support the fact." Fed.R.Civ.P. 56(c)(1)(A),
the moving party has satisfied his burden, he is entitled to
summary judgment if the non-moving party fails to designate
by affidavits, depositions, answers to interrogatories, or
admissions on file, "specific facts showing that there
is a genuine issue for trial." Celotex, 477
U.S. at 324. Finally, in deciding a motion for summary
judgment, the Court views the evidence in the light most
favorable to the non-moving party and draws all justifiable
inferences in the non-moving ...