The opinion of the court was delivered by: Harold A. Baker United States District Judge
This cause is before the court for consideration of the defendants' motion for summary judgment. [d/e 59]
The plaintiff, Curtis Mayon, brought this action pursuant to 42 U.S.C. §1983 alleging that his constitutional rights were violated at the Knox County Jail. On January 25, 2006, the court conducted a merit review of the plaintiff's amended complaint. The court found that the plaintiff has adequately alleged that Jail Administrator Richard Morris, Officer Corey Jamison and Officer Linda Lovedahl were deliberately indifferent to his serious medical condition. The plaintiff is suing Defendants Lovedahl and Jamison in their individual capacities and he is suing Defendant Morris in his individual and official capacities.
The following facts are taken from the statement of undisputed facts, the plaintiff's response and the exhibits submitted by the parties.
The plaintiff was a pretrial detainee at the Knox County Jail from April 8, 2004 to June 24, 2004 housed in the E-pod area. In the early morning hours of May 23, 2004, the plaintiff got into a dispute with another inmate named Danny Joseph. The plaintiff hit Joseph in the head with an empty juice cup drawing blood. The two then exchanged punches. During the altercation, the plaintiff fell back and hit his head on the chuckhole door. The plaintiff was not bleeding and had no visible injuries due to the fight.
By the time Defendants Jamison and Lovedahl entered the cell area, the two had separated. Inmate Joseph was in his cell and the plaintiff was standing outside his own cell next door. The parties disagree about what happened next. Defendant Jamison says he asked the plaintiff what happened and the plaintiff responded that there was no fight and nothing happened. Both officers say the plaintiff tried to move past them toward Inmate Joseph. Officer Jamison says he was concerned the plaintiff would go after Inmate Joseph again, so he pushed the plaintiff back in his cell and secured the door. Officer Lovedahl says the plaintiff never mentioned anything to her about his injuries and she never heard the plaintiff ask Defendant Jamison for medical attention.
The plaintiff disputes that he said anything about the fight to Officer Jamison and instead claims he told both officers that his vision was blurred and he could not feel his upper extremities. The plaintiff says he could not have moved toward the other inmate because he was "dazed and virtually unconscious." (Resp. p. 3) The plaintiff also maintains that Jamison did not simply push him back into his cell, but assaulted him. In parts of his response, it appears the plaintiff may be attempting to claim that this attack lead to his head injury. This claim was not a part of the plaintiff's complaint and is not a part of this lawsuit. See Amended Complaint [d/e 22]; January 25, 2006 Merit Review Order.
Defendant Lovedahl then escorted Inmate Joseph to the medical unit where he received stitches for the gash to his forehead. A short time later, Jamison took the plaintiff to a segregation cell. Both parties agree that at this point, the plaintiff said his vision was blurred and he had a headache.
Defendant Jamison's shift ended at 7:00 a.m., shortly after the altercation between the plaintiff and Inmate Joseph. Defendant Jamison says he believed the plaintiff's injuries were minor, but told officers on the first shirt that the plaintiff had requested medical attention. The plaintiff disagrees, but has no evidence that Jamison did not talk to the officers.
Later the next day, May 24, 2004, Jail Nurse Crystal Crane visited the plaintiff in segregation. The plaintiff told the nurse that his vision was blurred and he had a severe headache. The nurse felt the back of the plaintiff's head, told him he might have a slight concussion and gave him two Tylenol and a Benadryl. After this initial visit, the nurse checked on the plaintiff ever day. The plaintiff did not ask the nurse for additional medication.
The plaintiff submitted a grievance to Defendant Morris on May 25, 2004 claiming that the jail staff ignored his complaints and placed him in segregation without medical treatment. Defendant Morris denied the grievance on May 26, 2004, because the plaintiff had already seen the nurse and was scheduled to see the doctor that day.
The plaintiff saw the jail doctor on May 26,2004. The doctor felt the back of the plaintiff's head, checked his eye with a light and performed a test where he asked the plaintiff to follow his finger with his eyes. The doctor told the plaintiff he may have had a concussion and prescribed Tylenol for the pain. The plaintiff asked for X-rays and the ...