Sampel v. Livingston County Jail ( 2020 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ___________________________________ JUAN SAMPEL, Plaintiff, DECISION AND ORDER v. 6:17-CV-06548 EAW LIVINGSTON COUNTY, DOCTOR AGUIRRE, NURSE ERIN HOWE, CHIEF YASSO, and SGT. AARON GALVIN, Defendants. ___________________________________ INTRODUCTION Plaintiff Juan Sampel (“Plaintiff”), a prisoner confined at the Ray Brook Federal Correctional Institution, filed this action pro se seeking relief under 42 U.S.C. § 1983 for alleged denial of medical care while he was housed as a pretrial detainee at the Livingston County Jail (the “Jail”). (Dkt. 1). Presently before the Court is a motion for summary judgment filed by defendants Livingston County, Doctor Aguirre, Nurse Erin Howe (“Nurse Howe”), Chief Deputy Yasso, and Sergeant Aaron Galvin (“Sergeant Galvin”) (collectively “Defendants”) (Dkt. 41), and a motion for a jury trial filed by Plaintiff (Dkt. 50). For the reasons explained below, the Court grants Defendants’ motion for summary judgment and denies Plaintiff’s motion for a jury trial. BACKGROUND I. Factual Background The following facts are taken from Defendants’ Local Rule 56 Statement of Undisputed Facts (Dkt. 41-1), Plaintiff’s Local Rule 56 Statement of Undisputed Facts (Dkt. 55 at 4-11), and their supporting documents. Where the parties specifically controvert particular facts, the Court has noted the disagreement. Plaintiff was a prisoner confined at the Jail pursuant to a contract with the United States Marshals Service (“USMS”), from December 2, 2016 until October 3, 2018, while awaiting trial for federal criminal charges. (Dkt. 41-1 at ¶ 8; Dkt. 41-4 at ¶ 11; Dkt. 55 at 6). On June 21, 2017, Plaintiff injured his left leg while playing handball at the Jail. (Dkt. 41-1 at ¶ 15; Dkt. 55 at 6). At approximately 3:55 p.m. on June 21, 2017, Plaintiff informed a Jail official that he had twisted his ankle while paying handball. (Dkt. 41-1 at ¶ 16; Dkt. 55 at 6). Plaintiff was provided with an ice pack at approximately 6:01 p.m. and was scheduled to see a nurse the next morning. (Dkt. 41-1 at ¶ 17; Dkt. 55 at 6). On June 22, 2017, Plaintiff was seen by Nurse Howe at approximately 10:50 a.m. (Dkt. 41-1 at ¶ 18; Dkt. 55 at 6). Nurse Howe examined Plaintiff’s left leg and found no signs of swelling or bruising. (Dkt. 41-1 at ¶ 19; Dkt. 55 at 6). Plaintiff was given another ice pack and scheduled to see the Jail physician Dr. Aguirre on June 26, 2017. (Dkt. 41-1 at ¶ 20; Dkt. 55 at 6). Nurse Howe also advised Plaintiff to let someone know if his leg got worse in the meantime. (Dkt. 41-5 at ¶ 15; Dkt. 41-9 at 3). Plaintiff did not complain of worsening pain in his left leg between June 22, 2017, and June 26, 2017. (Dkt. 41-1 at ¶ 21). On June 26, 2017, Plaintiff was seen by Dr. Aguirre at approximately 8:00 a.m. (Dkt. 41-1 at ¶ 22; Dkt. 55 at 7). Dr. Aguirre examined Plaintiff, noting that his left leg was sore and tender but showed no signs of bruising or swelling. (Dkt. 41-1 at ¶ 23; Dkt. 55 at 7). After diagnosing Plaintiff with a left calf contusion, Dr. Aguirre discontinued the Naproxen Plaintiff was taking for an unrelated shoulder issue, prescribed the anti- inflammatory Mobic, and ordered Plaintiff to rest and refrain from activities. (Dkt. 41-1 at ¶ 24; Dkt. 41-6 at ¶ 10; Dkt. 41-9 at 92). Plaintiff continued to work, serving food and cleaning the floors. (Dkt. 41-1 at ¶ 25; Dkt. 41-7 at 14-15). He initially lived on the second floor and continued using the stairs, but he eventually changed cells with someone on the first floor because of the pain. (Dkt. 41-7 at 15). He also tried to run and walk in the recreational area, but stopped because the pain was too much. (Id. at 37). The morning of June 29, 2017, Nurse Howe came to Plaintiff’s cell for a medicine run, and Plaintiff again told her he was in pain. (Dkt. 41-7 at 17-18). Nurse Howe told Plaintiff he did not have a broken leg, because if he had a broken leg he would not be walking around. (Id. at 18). Plaintiff told her he had been limping for the past few weeks, and Nurse Howe told him to report it on the Jail’s facility kiosk. (Id. at 18). At approximately 7:12 a.m., Plaintiff submitted a medical sick call request about his leg using the kiosk, stating that he was “in extreme pain” and that “meds don’t help.” (Dkt. 41-1 at ¶ 26; Dkt. 41-9 at 4; Dkt. 55 at 7). Nurse Howe notified Dr. Aguirre about Plaintiff’s complaints at approximately 9:15 a.m., and Dr. Aguirre instructed Nurse Howe to arrange for an x-ray of Plaintiff’s lower left leg. (Dkt. 41-1 at ¶ 27; Dkt. 55 at 7). The Jail does not have its own x-ray machine, and prisoners must be transported to an outside medical facility to have imaging done. (Dkt. 41-1 at ¶ 14; Dkt. 55 at 6). Due to Plaintiff’s status as a federal prisoner, he was not allowed to leave the Jail to receive outside medical treatment without authorization from the USMS except in cases of emergency. (Dkt. 41-1 at ¶ 9; Dkt. 41-14 at 4-5). On June 30, 2017, Nurse Howe sent a prisoner medical request form to the USMS, asking that an x-ray be taken of Plaintiff’s lower left leg at an outside medical facility. (Dkt. 41-1 at ¶ 28; Dkt. 55 at 7). On the form, Nurse Howe marked that the urgency of the request was “Standard (>6 [weeks])” as opposed to an “Emergency,” “Urgent ( 6 [weeks]).” (Dkt. 41-1 at ¶ 29; Dkt. 41-9 at 70; Dkt. 55 at 8). Moreover, after Plaintiff was diagnosed with a fracture, the Jail and the USMS approved treatment for Plaintiff’s leg that same day. (Dkt. 41-1 at ¶ 33; Dkt. 41-13 at 2; Dkt. 55 at 8). Accordingly, the Court grants Defendants’ motion as to the claims against Sergeant Galvin, Chief Yasso, and Livingston County. III. Motion for Jury Trial Because the Court grants Defendants’ motion for summary judgment, Plaintiff’s motion for a jury trial is denied as moot. The Court also notes that, in any event, Plaintiff had already demanded a jury trial in his Complaint. (See Dkt. 1 at 7). CONCLUSION For the foregoing reasons, Defendants’ motion for summary judgment (Dkt. 41) is granted, and Plaintiff’s motion for a jury trial (Dkt. 50) is denied as moot. The Clerk of Court is directed to enter judgment in favor of Defendants and close this case. SO ORDERED. ELIZABETH A. WOLFORD United States District Judge Dated: July 15, 2020 Rochester, New York