United States District Court, D. Utah
MICHAEL A. BACON, Plaintiff,
TODD R. WILCOX et al. Defendants.
MEMORANDUM DECISION & ORDER GRANTING
STEWART JUDGE UNITED STATES DISTRICT COURT.
Michael A. Bacon, brings civil-rights claims against Salt
Lake County (SLC) defendants, Todd Wilcox, Brad Lewis, Eric
Lindley, Patrick Gee, and Darren Backman. See 42
U.S.C.S. § 1983 (2019). He argues these defendants
violated his federal Eighth Amendment rights by causing him
injury, then providing him inadequate medical care. (Doc. No.
filed a Martinez report, (Doc. No. 68), including
these documents: (1) declarations of Defendants and other
relevant SLC staff; (2) medical records; and (3) jail
records, including grievances, (Doc. Nos. 69-1, 69-2, 69-3
& 91). Based on the Martinez report, Defendants
move for summary judgment. (Doc. No. 72.) Plaintiff
replies--his only evidence being the sworn statements in his
amended complaint. (Doc. Nos. 31 & 85.) The Court rules
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). A party may support factual assertions by
“citing to particular parts of materials in the record,
including depositions, documents, electronically stored
information, affidavits or declarations, stipulations
(including those made for purposes of the motion only),
admissions, interrogatory answers, or other materials.”
Id. at 56(c)(1)(A). Summary judgment’s purpose
“is to isolate and dispose of factually unsupported
claims or defenses.” Celotex Corp. v. Catrett,
477 U.S. 317, 323-24 (1986).
movant has the “initial burden to demonstrate an
absence of evidence to support an essential element of the
non-movant’s case.” Johnson v. City of
Bountiful, 996 F.Supp. 1100, 1102 (D. Utah 1998). Once
movant meets this burden, “the burden then shifts to
the non-movant to make a showing sufficient to establish that
there is a genuine issue of material fact regarding the
existence of that element.” Id. To do so, the
non-movant must “go beyond the pleadings and ‘set
forth specific facts’ that would be admissible in
evidence in the event of a trial from which a rational trier
of fact could find for the nonmovant.” Adler v.
Wal-Mart Stores, 144 F.3d 664, 671 (10th Cir. 1999)
(citation omitted). In ruling on a summary-judgment motion,
this Court must “examine the factual record and
reasonable inferences therefrom in the light most favorable
to the party opposing the motion.” Sealock v.
Colorado, 218 F.3d1205, 1209 (10th Cir. 2000).
notify him of his duty in responding to a summary-judgment
motion, the Court twice provided Plaintiff with the full text
of Federal Rule of Civil Procedure 56 and District of Utah
Local Rule 56-1. (Doc. Nos. 40, at 5-8, & 61, at 5-8.)
During relevant time period, Plaintiff was SLC inmate. (Doc.
No. 31, at 3.)
During relevant time, Defendant Wilcox was medical doctor
under contract to provide services at SLC Jail (Jail). (Doc.
No. 68-3, at 2.)
During relevant time, Defendants Lewis and Lindley were
doctors who treated Plaintiff at Jail. (Id.)
During relevant time, Defendant Gee was registered nurse (RN)
at Jail. (Doc. No. 68-2.)
During relevant time, Defendant Backman was SLC Corrections
Officer. (Doc. No. 68-1, at 2.)
8/14/14-2/9/15 - Plaintiff prescribed Neurontin. (Doc. No.
69-2, at 2.)
12/15/14-1/23/15 - Plaintiff prescribed “IBUPROFEN
800MG TABS.” (Doc. No. 69-2, at 2.)
12/18/14 - Plaintiff injured knee when stepping on cup that
Defendant Backman intentionally placed on stair trying to
“catch a certain inmate” (not Plaintiff). (Doc.
Nos. 31, at 3, 6, 7; 68-1, at 2, 4.) Defendant Gee
“looked at Plaintiff’s knee[, ] did not touch it
or examine it & indicated nothing was wrong &
wouldn’t refer the injury to a doctor.” (Doc. No.
31, at 7.) Defendant Gee “did not evaluate Mr. Bacon on
December 18, 2014.” (Doc. No. 68-2, at 2.) Within about
five minutes of injury, “Medical called. OIC Guzman
notified.” (Doc. No. 91, “Jail Divisions Officers
Shift Log for 12/18/14.) Within about forty minutes of
injury, Plaintiff seen by RN Patrick Knight, who did medical
evaluation, after which reported Plaintiff “ambulated
without assistance, was full weight bearing and full [range
of motion] was noted” and had “no obvious
deformity, no inflammation, ” with pain of seven out of
ten, and was later seen returning to his cell without
limping; “Prisoner Bacon cleared to remain in the
unit.” (Doc. No. 69-1, at 2; Doc. No. 91, “Jail
Divisions Officers Shift Log for 12/18/14.) Knight told
Plaintiff to report “any worsening of symptoms.
(Id.) Plaintiff filled out “Sick Call Request
Form.” (Doc. No. 69-1, at 1.)
12/19/14 - Plaintiff “put in to be seen by a doctor for
the pain & having trouble walking.” (Doc. No. 31,
at 8.) Plaintiff evaluated by triage nurse who scheduled
Plaintiff to see doctor. (Doc. No. 69-1, at 1.)
1/2/15 - Plaintiff saw Defendant Lewis “who noted a
limp & knee sprain but told Plaintiff he could not
provide any medical care.” (Doc. No. 31, at 8.)
Defendant Lewis “ordered an x-ray which was
unremarkable.” (Doc. Nos. 68-3, at 2, & 69-2, at
3.) As requested by Plaintiff, Defendant Lewis gave him
“pink slip for a bottom bunk/bottom tier until roll
up.” (Doc. No. 69-1, at 3, & 69-2, at 3.) Defendant
Lewis noted Plaintiff already had prescriptions for ibuprofen
and Neurontin for pain. (Doc. No. 69-1, at 3.) Defendant
Lewis stated, “The patient can follow up as needed or
if signs or symptoms persist, change or worsen.” (Doc.
No. 69-1, at 3.)
1/6/15 - Dr. Benjamin Huang reported about Plaintiff’s
knee x-ray: “The knee joint is intact. No fracture or
dislocation is seen. No suprapatellar joint effusion is
seen.” (Doc. No. 69-1, at 4.)
1/10/15 - Plaintiff requested follow-up medical treatment.
(Doc. Nos. 31, at 9, & 69-1, at 5.)
1/11/15 - Triage nurse evaluated Plaintiff, noting
Plaintiff’s gait was “stable” and Plaintiff
asked to “discuss treatment plan.” (Doc. No.
69-1, at 5.)
1/14/15 - Plaintiff requested medical treatment for injured
knee. (Doc. Nos. 31, at 9, & 69-1, at 6.)
1/15/15 - Triage nurse evaluated knee, indicating “Dr
Call” as disposition. (Doc. No. 69-1, at 6.)
1/23/15 - Defendant Lindley saw Plaintiff for “chronic
knee pain, ” agreeing to switch him “to tramadol