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McCray v. Garlick

United States District Court, E.D. Missouri, Eastern Division

August 13, 2019

REGINALD PATRICK MCCRAY, Plaintiff,
v.
IVOR GARLICK, et al., Defendants.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendants' Motion for Summary Judgment, [Doc. No. 25]. The Motion is unopposed. For the reasons set forth below, Defendants' Motion is granted.

         Facts and Background

         Plaintiff alleges that Defendants violated his Eighth Amendment rights through deliberate indifference to his serious medical needs while he was an inmate at the St. Louis City Justice Center (“SLCJC”).

         Defendants have, in accordance with the Court's Local Rules, submitted a Statement of Uncontroverted Material Facts. Plaintiff failed to respond to Defendants' facts. Pursuant to Rule 56 of the Federal Rules of Civil Procedure and Rule 7-401(E) of this Court's Local Rules, Defendants' facts are deemed admitted. Local Rule 7-401(E) provides:

Rule 7 - 4.01 Motions and Memoranda.
(E) A memorandum in support of a motion for summary judgment shall have attached a statement of uncontroverted material facts, set forth in a separately numbered paragraph for each fact, indicating whether each fact is established by the record, and, if so, the appropriate citations. Every memorandum in opposition shall include a statement of material facts as to which the party contends a genuine issue exists. Those matters in dispute shall be set forth with specific references to portions of the record, where available, upon which the opposing party relies. The opposing party also shall note for all disputed facts the paragraph number from movant's listing of facts. All matters set forth in the statement of the movant shall be deemed admitted for purposes of summary judgment unless specifically controverted by the opposing party.

         The undisputed facts are as follows:

         Plaintiff was previously an inmate at the SLCJC and was released in early August 2018.

Dr. Fe Fuentes is the Medical Director at the SLCJC.
Dr. Ivor Garlick was the Regional Medical Director for Corizon. As Regional Medical Director, Dr. Garlick did not provide medical treatment to patients. Rather, he reviewed consultation requests for specialized services for medical necessity. Where there was an alternative treatment or diagnostic plan to the specialized services requested and the alternative would provide the equivalent therapeutic or diagnostic result, Dr. Garlick may have suggested the alternative.

         On April 6, 2017, Plaintiff injured his left knee and was sent to the St. Louis University Hospital emergency room for evaluation, where he was diagnosed with a patellar dislocation. A patellar dislocation occurs when the patella (or kneecap) slips out of its normal position. The initial treatment for patellar dislocation is relocation of the kneecap back into its normal position and immobilization, followed by slow rehabilitation. Conservative treatment for a patellar dislocation involves immobilization of the knee joint, physical therapy to increase strength and flexibility, and pain medications. If a patient does not respond well to conservative treatment, surgery may be required to repair significant bone or ligament damage.

         Dr. Fuentes saw Plaintiff upon his return to the SLCJC and ordered ibuprofen, a bottom bunk, and a bottom tier for his knee dislocation. On April 7, 2017, Dr. Fuentes also requested an orthopedic evaluation for Plaintiff and noted that he had a knee brace. She also prescribed Tylenol #4, a narcotic pain medication, for Plaintiff. Plaintiff also had an x-ray which showed degenerative changes but no acute fracture or dislocation. On April 11, 2017, Dr. Garlick approved Dr. Fuentes' request.

         On April 25, 2017, Plaintiff was seen at the SLUH orthopedic clinic in follow-up and was issued a short knee brace. The orthopedist recommended physical therapy and a follow-up appointment. Dr. Fuentes requested physical therapy and a ...


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