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Wykoff v. Wayne County

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

June 12, 2018

GREGORY WYKOFF, Plaintiff,
v.
WAYNE COUNTY, LALETA DOZIER, and AMINAH AL-SAEEDI, Defendants.[1]

          MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 32)

          AVERN COHN UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This is a 42 U.S.C. § 1983 case. Plaintiff Gregory Wykoff (Wykoff) is suing defendants Wayne County, Nurse Laleta Dozier (Dozier), and Nurse Practitioner Aminah Al-Saeedi (Al-Saeedi) for violating his Fourth, Eighth, and Fourteenth Amendment rights by failing to administer sufficient insulin while he was in the custody of the Wayne County jail.

         Wykoff s amended complaint is in four counts:

• Count I: Violation of the Fourth and Fourteenth Amendments;
• Count II: Violation of the Eighth Amendment;
• Count III: False/Wrongful Arrest and False Imprisonment;
• Count IV: Willful and Wanton Misconduct, and Deliberate Indifference/Gross Negligence.

(Doc. 10). The parties stipulated the dismissal of the City of Wyandotte and the individual Wyandotte police officers, (Doc. 33); Wykoff admits that this rendered Count III moot. Wykoff seeks compensatory damages, punitive damages, and attorney's fees.

         The remaining defendants have moved for summary judgment, (Doc. 32), to which Wykoff has responded, (Doc. 35), and defendants have replied. (Doc. 37). For the reasons that follow, defendants' motion is GRANTED.

         II. BACKGROUND

         A.

         Wykoff was diagnosed with Type I Diabetes in 2001. At relevant times, his treatment consisted of taking 10 units of short-acting insulin three times a day with meals and 45 units of long-acting insulin once a day in the evening.

         Diabetics take insulin in order to reduce their blood glucose level. A glucose level that is too high or too low can cause serious medical problems. (Al-Saeedi Dep. 11-13).

         B.

         The relevant facts from the following narrative are attached in chronological form as an appendix.

         Around 7:15 p.m. on March 20, 2015, Wykoff was booked into the Wayne County jail in Hamtramck, Michigan, to serve a 13-day sentence for probation violation. He told booking staff that he was a diabetic and had not had insulin “for almost a day-and-a- half, two days.” (Wykoff Dep. 29). A staff member responded that he would have to tell the nurse. (Id.).

         Around 9:35 p.m., non-party medical assistant LaShawn Robinson[2] (Robinson) performed a routine medical intake screening. Wykoff told Robinson he had a history of diabetes, hypertension, neuropathy, heart attack, and pain, which she noted on his intake form. (Doc. 32-7). Wykoff did not complain about diabetes-related symptoms at this time. He said he told a nurse (presumably Robinson) how much insulin he usually took. (Wykoff Dep. 29). See supra § II.A.

         Wykoff's glucose level was checked by an unknown medical staff member at 11:45 p.m. (Doc. 32-9). The reading was 336, which Dozier said is high but not surprising for a diabetic. (Dozier Dep. 67). Wykoff said he told a nurse (presumably the one who checked his glucose on this occasion; the deposition does not specify) that he had been without insulin. (Wykoff Dep. 29). The medical chart indicates that no insulin was administered at this time and the word “initial” appears next to that indication. (Doc. 32-9).

         Regarding the lack of insulin administration after Wykoff's initial glucose check, Al-Saeedi and Dozier said that the medical staff knows that inmates eat at registration and that eating causes glucose to rise. No. insulin is immediately administered to a new diabetic inmate because the staff want to see how far the glucose level will drop on its own. Glucose will plummet if too much insulin is administered too soon, which can lead to serious medical complications. (Dozier Dep. ...


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