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Vandiver v. Corizon, LLC

United States District Court, E.D. Michigan, Southern Division

December 21, 2017

JERRY VANDIVER, Plaintiff,
v.
CORIZON, LLC, et al., Defendants.

          Elizabeth A. Stafford Magistrate Judge.

          OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING DEFENDANTS' DISPOSITIVE MOTIONS [30, 36]

          LAURIE J. MICHELSON U.S. DISTRICT JUDGE.

         Plaintiff Jerry Vandiver has diabetes. He is currently incarcerated at the G. Robert Cotton Correctional Facility in Jackson, Michigan. That facility declined to renew his special accommodation for a “keep on person” blood glucometer, which assists diabetics in regulating their glucose. So Vandiver brought this action against the State of Michigan, the Michigan Department of Corrections Bureau of Health Services, and Corizon, LLC, the health care provider at the facility, alleging disability discrimination. Vandiver also alleges that Defendants have denied him treatment for his Hepatitis C.

         Defendant Corizon moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (R. 30.) The State of Michigan and the MDOC-BHCS filed a motion for summary judgment pursuant to Rule 56(a). (R. 36.) These motions (along with all pre-trial matters) were referred to Magistrate Judge Elizabeth A. Stafford. She recommends granting both dispositive motions. (R. 54.)

         Now before this Court are Vandiver's six objections to the Report. (R. 60.) For the reasons set forth below, the Court overrules Vandiver's objections and accepts the recommendations in the Magistrate Judge's Report.

         I.

         Vandiver suffers from diabetes, Hepatitis C, hypertension, and peripheral disease. (R. 31, PID 279.) In 2014, Vandiver was housed at the Macomb Correctional Facility. After experiencing many instances of low blood sugar, including one incident where he slipped into a diabetic coma, Vandiver was given a blood glucometer with “keep on person” (KOP) supplies (which Vandiver refers to as a special accommodation). (R. 31, PID 280.)

         In June 2016, Vandiver was transferred to the G. Robert Cotton Correctional Facility in Jackson, Michigan. (R. 31, PID 281.) After being transferred, Vandiver attempted to get his special accommodation for the KOP glucometer renewed. (R. 31, PID 281.) Vandiver alleges that Corizon, without a physical examination, refused to renew the accommodation. (R. 31, PID 290.) Corizon allegedly told Vandiver that the Michigan Department of Corrections Bureau of Healthcare Services (MDOC-BHCS) was taking blood glucometers away from all diabetic prisoners state-wide. (R. 31, PID 281.) But according to Vandiver, “a majority” of MDOC prisoners with special accommodations retained their blood glucometers. (R. 31, PID 281.) After losing his blood glucometer, Vandiver suffered multiple instances of hypoglycemia. (R. 31, PID 290.)

         In November 2016, Vandiver sued. He brought claims under the Eighth Amendment, the Americans with Disabilities Act, as well as a claim for intentional infliction of emotional distress. (R. 1.) Vandiver alleged that the Defendants denied medical treatment solely because of his disability, treated him with deliberate indifference, and lacked a rational basis for taking away his glucometer. (R. 1.)

         In March 2017, Vandiver filed an amended complaint. (R. 31.) In it, he restates his ADA claim against the two State Defendants, and adds an ADA claim based on State Defendants' failure to treat his Hepatitis C. He also reasserts his Eighth Amendment claim against Corizon and appears to add an Eighth Amendment claim against Corizon for its alleged failure to treat his Hepatitis C. (R. 31, PID 295-99.) Vandiver also asserts a claim for intentional infliction of mental and emotional distress (IIED) based upon Defendants' treatment of his diabetes and withholding of medical treatment for his Hepatitis C. (R. 31, PID 299-302.)

         On March 13, 2017, Defendant Corizon moved to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (R. 30.) Nearly a month later, the State of Michigan and the MDOC-BHCS filed a motion for summary judgment. (R. 36.) On September 12, 2017, the Magistrate Judge issued a Report and Recommendation recommending that both dispositive motions be granted. (R. 54.)

         II.

         A.

         Vandiver raises six objections to the Report and Recommendation. (R. 60.) They will be reviewed de novo, 28 U.S.C. § 636(b); United States v. Curtis, 237 F.3d 598, 603 (6th Cir. 2001). But “The Court is not obligated to review the portions of the report to which no objection was made.” Garrison v. Equifax Info. Servs., LLC, No. 10-13990, 2012 WL 1278044, at *8 (E.D. Mich. Apr. 16, 2012) (citing Thomas v. Arn, 474 U.S. ...


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