United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER GRANTING DEFENDANTS' MOTIONS
FOR SUMMARY JUDGMENT
Corbett O'Meara United States District Judge
the court are twelve motions for summary judgment filed by
Defendants. The court heard oral argument on September 22,
2016, and took the matter under advisement. For the reasons
explained below, Defendants' motions are granted.
Melisa Richmond alleges that she was denied medical treatment
while at the Wayne County Jail from December 2012 to February
2013. Defendants are physicians Rubab Huq and Thomas Clafton;
nurse practitioner Marie Shoulders; resident nurses
Jacqueline Lonberger, Shevon Fowler, April Williams, Felecia
Coleman, and Maxine Hawk; medical assistant Danielle Allen;
and psychiatric social workers Agron Myftari and Patricia
was arrested during a domestic disturbance on December 25,
2012. While in the back of the police car, Plaintiff set her
shirt on fire with a lighter and suffered burns to her right
breast and torso. The police took her to the hospital, where
Plaintiff was diagnosed with first and second degree burns.
Plaintiff was discharged the same day into police custody,
with prescriptions for pain medication and Silvadene skin
was taken to the Wayne County Jail after her arraignment on
December 26, 2012. Plaintiff was booked and then screened for
medical and mental health issues by a medical assistant.
Defs.'s Ex. 16. The medical assistant referred Plaintiff
for medical and mental health evaluations. Id. Two
hours later (at 10:30 p.m.), Defendant Nurse Shevon Fowler
examined Plaintiff, changed her wound dressing, and phoned
the on-call doctor. The doctor prescribed Hydrocodone
(Lortab), a narcotic painkiller, and daily wound dressing
next morning, on December 27, 2012, Defendant Nurse Maxine
Hawk changed Plaintiff's dressing in the jail clinic.
Plaintiff was given two doses of Hydrocodone that day. On
December 28, 2012, Plaintiff received three doses of
Hydrocodone. She was also examined by Defendant Rubab Huq,
M.D., who changed her wound dressing. See Defs.'
Ex. 18 (electronic medical record). In addition to the
treatment previously ordered, Dr. Huq prescribed antibiotics
and Motrin for pain and ordered a follow up for January 10,
2013. Plaintiff was permitted to carry the Motrin on her
person and dispense it herself.
December 28, Plaintiff saw Defendant Agron Myftari, a
psychiatric social worker, who provided mental health
screening. Plaintiff told Myftari about her history of
bipolar disorder and current medications (Prozac and Xanax).
Myftari found Plaintiff to have “mild-moderate symptoms
of depression and anxiety” but noted that she
“denied suicidal ideation.” Pl.'s Ex. 13.
Myftari set up an appointment for Plaintiff with a
psychiatrist for January 11, 2013. In doing so, Myftari
judged that Plaintiff did not require in-patient mental
health treatment, but was stable enough to wait for an
appointment in the normal course. See Myftari Dep.
December 29, 2012, Plaintiff received three doses of
Hydrocodone. She allegedly refused a dressing change from
Defendant Nurse Jacqueline Lonberger. Plaintiff contends that
Nurse Lonberger was unnecessarily rough in attempting to
change the dressing, causing her pain. Nurse Lonberger did
change Plaintiff's dressing the next day, when Plaintiff
also received two doses of Hydrocodone.
December 31, 2012, until January 4, 2013, Plaintiff's
dressings were changed once a day by Nurse Hawk, with the
exception of January 3, when Plaintiff was in court. On those
dates, Plaintiff received two doses of Hydrocodone.
January 5, 2013, Plaintiff's dressing was changed by
Defendant Medical Assistant Danielle Allen. She received two
doses of Hydrocodone. On January 6, 2013, there is no record
of a dressing change, but Plaintiff received two doses of
Hydrocodone. On January 7, 2013, Allen changed
Plaintiff's dressing and Plaintiff was given three doses
of Hydrocodone. On that same date, Plaintiff saw Defendant
Patricia Rucker, a psychiatric social worker, to ask about
obtaining psychiatric medication. Because Plaintiff did not
mention that she had already been evaluated, Rucker sent
Plaintiff to the mental health unit for an evaluation. There,
the social worker (Jim Gilfix) found that Plaintiff already
had an appointment for January 11, 2013, and that she
“seems stable [and] denies feeling suicidal.”
Defs.' Ex. 18. Gilfix determined that Plaintiff could
wait for her January 11 appointment.
January 7, 2013, Plaintiff submitted a grievance, complaining
that her “medical needs are being neglected . . .
[Their] excuse is they are busy ... the nurse won't come
& give me clean bandages or burn cream here I need to go
to the hospital. . . .” Pl.'s Ex. 8. It does not
appear that the grievance was acted upon because it was not
referred for action until Plaintiff had already been released
Plaintiff received three doses of Hydrocodone on January 8,
there is no record of a dressing change. On January 9, 2013,
Plaintiff received three doses of Hydrocodone and Allen
changed her dressing. On January 10, 2013, Plaintiff received
two doses of Hydrocodone. Allen noted that she was unable to
change Plaintiff's dressing because Plaintiff was in
January 11, Plaintiff received two doses of Hydrocodone. She
was also triaged by Nurse April Williams before being seen by
Thomas Clafton, M.D., and Nurse Practitioner Marie Shoulders.
Dr. Clafton ordered addition medications for Plaintiff:
Ultram (Tramadol, a painkiller), Santyl (ointment), and
Silvadene (antimicrobial ointment). On that same day,
Plaintiff also saw psychiatrist Lisa Hinchman, who diagnosed
Plaintiff with bipolar disorder, ...