United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY
JUDGMENT [ECF NO. 55]
Victoria A. Roberts, United States District Judge.
a prisoner civil rights suit concerning the treatment and
care Alisant Scott (“Scott”) received from Nurse
Practitioner Teri Massey, (“Massey”), an employee
of Defendant Correct Care Solutions, while Scott was
incarcerated at the Oakland County jail.
September 23, 2016, Scott complained of pain, swelling, and a
mass in her right breast. Treatment began. On October 8,
2016, the mass ruptured. Because of the rupture, doctors
performed a simple mastectomy.
alleges Massey's actions leading up to the mastectomy
were deliberately indifferent in violation of 42 U.S.C.
§ 1983 and that Massey committed medical malpractice in
violation of Michigan law. Scott alleges Correct Care
Solutions is liable for Massey's alleged malpractice
under the theory of respondeat superior.
judgment is proper when “the movant 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). The central inquiry is “whether the evidence
presents a sufficient disagreement to require submission to a
jury or whether it is so one-sided that one party must
prevail as a matter of law.” Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 251-52 (1986).
moving party has the initial burden to show “the
absence of a genuine issue of material fact.”
Id. at 323. Once the movant meets this burden, the
non-moving party must demonstrate specific facts
“showing there is a genuine issue for trial.”
Matsushita Electric Indus. Co. v. Zenith Radio
Corp., 475 U.S. 574, 587 (1986) (internal quotations and
citations omitted). To demonstrate a genuine issue for trial,
the non-moving party must present sufficient evidence upon
which a jury could reasonably find for that party; a
“scintilla of evidence” is insufficient. See
Anderson, 477 U.S. at 252. The Court must accept the
non-movant's evidence as true and draw all
“justifiable inferences” in the non-movant's
favor. See Anderson, 477 U.S. at 255.
September 23, 2016, Scott completed a health service request
form at the Oakland County jail for immediate medical
attention due to a swollen right breast. In this form, Scott
noted her current concerns and a history of similar issues
with her left breast. On September 25th, Elizabeth Goodrich,
R.N. - who is no longer a party to this action - examined
Scott and noted: a 6x6 inch mass around Scott's nipple;
the breast was warm to the touch; the skin around the nipple
was red; her pain was an 8 on a 10-point scale; and doctors
removed a mass from Scott's left breast in 2010 or 2011.
relayed this information to Massey over the phone. Massey
ordered Bactrim, a medication to treat MRSA
(methicillin-resistant staphylococcus aureus) infections,
twice daily for ten days and motrin for seven days. At all
relevant times, Massey was an employee of Defendant Correct
Care Solutions, LLC.
scheduled a follow-up for Scott on September 28th with a
doctor. Neither party addresses what happened at this
follow-up, or whether it even took place.
September 29th, Massey met with Scott in person. Massey
noted: (1) Scott's continued complaints of pain,
swelling, and redness to the right breast; (2) antibiotics
did not alleviate Scott's pain; and (3) Scott's
earlier left breast issues resulted in cyst removal surgery.
Massey ordered an ultrasound, prescribed mobic and ice packs,
and discontinued the bactrim.
September 30th, doctors performed an ultrasound on
Scott's right breast. The ultrasound revealed four
masses. Doctors recommended a mammogram and biopsy.
October 1st, Scott submitted a second medical request form.
She again described severe pain, wrote that her condition was
not “minor, ” and that it was not fair that she
had to sit day after day in pain. On October 7th, Scott
submitted a third request. She stated her breast was infected
and complained that she had been in pain for over two weeks.
October 8th, doctors attempted to perform a mammogram
examination, but Scott could not tolerate the pain. Doctors
admitted her to the hospital. Scott developed a fever, and a
physician scheduled surgery to drain Scott's right breast
mass. However, the mass spontaneously ruptured the night
before the scheduled surgery. Dr. Dana Busch elected to
perform a simple mastectomy following the rupture because
most of Scott's breast tissue was necrotic.