United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT (DOC. 32)
COHN UNITED STATES DISTRICT JUDGE.
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.
s amended complaint is in four counts:
• Count I: Violation of the Fourth and Fourteenth
• Count II: Violation of the Eighth Amendment;
• Count III: False/Wrongful Arrest and False
• 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
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.
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.
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).
relevant facts from the following narrative are attached in
chronological form as an appendix.
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.
9:35 p.m., non-party medical assistant LaShawn
Robinson (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 §
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).
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. ...