Turner v. Getachew

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ROBERT D. TURNER, Plaintiff, v. ASRESAHEGN GETACHEW, Doctor, KEITH K. ARNOLD, Assistant Warden, NORTH BRANCH CORRECTIONAL INSTITUTION, MARY DOE, Commissioner Division of Correction, Defendants.

Civil Action No. BAH-22-3133

United States District Court, D. Maryland

July 3, 2024

MEMORANDUM OPINION

Brendan A. Hurson, United States District Judge

On December 1, 2022, self-represented Plaintiff Robert D. Turner (“Turner”) filed a civil rights Complaint pursuant to 42 U.S.C. § 1983, alleging denial of medical care. ECF 1. Defendant Asresahegn Getachew filed a Motion to Dismiss, or in the Alternative, for Summary Judgment. ECF 15. Defendants North Branch Correctional Institution (“NBCI”), Assistant Warden Keith Arnold, and Mary Doe, Commissioner (“Correctional Defendants”) also filed a Motion to Dismiss, or in the Alternative, for Summary Judgment. ECF 20.^[1] Turner was advised of his opportunity to respond to the dispositive motions and the risks of failing to do so. ECFs 16, 21. Turner filed a response in opposition. ECF 22. No hearing is necessary to determine the matters pending. See Local Rule 105.6 (D. Md. 2023). For the reasons stated below, Defendants' Motions are granted.

I. BACKGROUND

A. Turner's Allegations

In Turner's Complaint, ECF 1, he alleges that he suffers from a number of mental illnesses. Id. at 7-8. He also states that he attempted suicide on a number of occasions in 2021 and 2022. Id. at 9-10. He alleges that Defendants failed to “take steps to ensure that [he] received the needed treatment.” Id. at 11. Turner also alleges that “Doctor Getachew and Assistant Warden Arnold and the commissioner[] refus[ed] to give [him] left knee surgery” for four years which caused him to suffer pain and serious depression and exacerbated symptoms of his mental illnesses. Id. at 1314. In an administrative remedy procedure (“ARP”) attached to the Complaint, Turner claims that Dr. Getachew denied him knee surgery even though another doctor had already approved the surgery. ECF 1-1; ECF 1-2. Turner seeks an injunction directing Defendants to provide him left knee surgery and to carry out whatever treatment he needs without delay. Id. at 15-16. He also seeks compensatory and punitive damages. Id. at 16-17.

In his response, Turner highlights that medical staff allegedly promised on December 19, 2018 that if Turner was compliant with medical orders and refrained from self-harm for six months, then Turner could begin treatment for Hepatitis C Virus (“HCV”) and would also receive knee surgery. ECF 22, at 1. Turner states that “even though it had not been six months since [Turner] harmed himself,” he began HCV treatment in October of 2020. Id. He also said that on May 14, 2023, he underwent surgery at the University of Maryland “to close a self-inflicted wound.” Id. As of the date of the filing of his response, October 12, 2023, however, Turner reports that he had not engaged in self-harm for over eight months. Id. at 2. Despite allegedly not harming himself for over six months, Turner says he did not receive the knee surgery. Id. at 2.

B. Defendants' Response

Defendants filed motions seeking dismissal of the Complaint or, in the alternative, summary judgment. ECF 15-1; ECF 20-1. Defendant Getachew explains that the complaint should be dismissed: (1) because Turner has failed to state a claim against Getachew; and (2) he is entitled to summary judgment. Correctional Defendants argue that the complaint should be dismissed: (1) because they are immune from suit under the Eleventh Amendment; (2) NBCI is not a person within the meaning of § 1983; (3) there is no allegation that Defendants Arnold and Doe personally participated in the claimed constitutional violation; (4) they are entitled to summary judgment; (5) there is no respondeat superior liability under § 1983; (6) they are entitled to qualified immunity; and (7) Turner's request for injunctive relief should be denied.

In support of his Motion, Defendant Getachew submitted his own declaration as well as portions of Turner's medical records. ECF 16-2 (Getachew Decl.); ECF16-3; 16-4; 16-5; 16-6 (Medical Records). In support of their Motion, Correctional Defendants have submitted declarations from Assistant Commissioner of Correction Laura Armstead, ECF 20-2, Assistant Warden Keith Arnold, ECF 20-3, and portions of Turner's ARP record, ECF No. 20-4.

Asresahegn Getachew, M.D. explains that from January 1, 2019, until January 11, 2020, he was employed by Corizon Health Inc., (“Corizon”) at Baltimore Central Booking and Intake Center and on January 11, 2020, he transferred to Western Correctional Institution (“WCI”), where he also sees patients from NBCI via telemedicine. ECF 15-2, ¶ 2. During an unspecified period of time, there was no Regional Medical Director (“RMD”) at WCI or NBCI and Dr. Getachew acted as RMD. Id. ¶ 3. As acting RMD, Dr. Getachew took on additional duties which included reviewing nonformulary drug requests submitted by onsite providers and reviewing recommendations made by Utilization Management (“UM”). Id. UM is responsible for reviewing requests for offsite specialty appointments and diagnostic testing submitted by onsite providers. Id. Dr. Getachew, as RMD, was also responsible for reviewing Alternative Treatment Plans (“ATPs”). He was not responsible for approving or denying consultation requests. Id.

Dr. Getachew avers that he never denied any request by Turner for knee surgery and explains that Dr. Getachew is not part of UM and is not responsible for reviewing consultation requests for surgical procedures. ECF 15-2, at 3 ¶ 6.

Turner was diagnosed with bursitis and referred for a bursectomy in February of 2018. Id. Dr. Getachew explains that bursitis is a condition that effects the bursae (small, fluid-filled sacs) that cushion bones, tendons, and muscles near the joints. Id. ¶ 7. Bursitis occurs when the bursae are inflamed. Id. Symptoms of bursitis include achiness, joint stiffness, pain when moving or pressing the area, swelling, and a red appearance. Id. Bursitis is most commonly caused by repetitive motions or positions that put pressure on the bursae around a joint. Id. Bursitis can also be caused by injury or trauma, inflammatory arthritis, gout, or infection. Id. Dr. Getachew explains that, generally, bursitis gets better over time and conservative measures like rest, ice, and pain relievers can ease the discomfort. Id. If conservative treatment fails, other options to treat bursitis include antibiotics (when the bursitis is caused by an infection), physical therapy, corticosteroid injections, assistive devices for ambulation, surgery to drain the inflamed bursa, or on the rare occasion removal of the bursa. Id.

Given Turner's cardiac history, including the placement of a pacemaker, he required medical clearance by a cardiologist before the knee surgery could be scheduled. Id. ¶ 6. Additionally, other concerns surrounded the scheduling of knee surgery for Turner, who has a long history of self-harm, including cutting and thus care providers were concerned he would pull out his sutures. Id. at 3-4 ¶¶ 6, 8.

Review of Turner's medical records for the relevant time period demonstrates that on January 5, 2018, while housed at Patuxent Correctional Institution (“PCI”), Turner cut himself on his left upper anterior forearm. ECF 15-6, at 12-14.

On February 17, 2018, while still housed at PCI, Dr. Ali Yahya performed an aspiration of Turner's prepatellar joint fluid. ECF No. 15-6 at 9-11. That same day, Dr. Yahya submitted a consultation request for orthopedic and cardiology consults. Id. at 5-8. Dr. Yahya noted that Turner had previously undergone orthopedic surgery in 2016, id. at 5, and was scheduled for revision surgery in July of 2018, but the surgery was postponed due to bradycardia, id., and “for prior pacemaker interrogation and cardiology clearance.” Id. at 7. He noted that the anesthesiologist recommended cardiology clearance because Turner had a pacemaker for a Type 1 heart block. Id. at 5. He also noted that Turner had recurrent accumulation of fluid in his left knee. Id. at 7.

While confined at NBCI, Turner was seen by Registered Nurse (“RN”) Sage on April 28, 2018, for a suicide attempt that resulted in multiple lacerations on Turner's neck, chest, arms, and hands. ECF 15-6, at 1-4. Turner was sent to the emergency room for further treatment. Id.

Nurse Practitioner (“NP”) Holly Hoover saw Turner on June 29, 2018, after Turner cut himself because Turner wanted to see an orthopedic specialist that day. ECF 15-5, at 44-45. Orthopedist Roy Carls, M.D. also saw Turner on the 29th. ECF 15-6, at 15. Dr. Carls recounted Turner's relevant medical history and noted that Turner had undergone several surgeries before and the bursa “had come back.” Id. Dr. Carls also noted that Turner was scheduled for surgery “this past year, but [Turner] had cardiac issues and now has a pacemaker.” Id. Dr. Carls believed that Turner could eventually have the requested surgery. Id. An examination of Turner's left knee revealed a prepatellar bursa with no signs of infection. Id. Dr. Carls noted that Turner “will require a prepatellar bursectomy of the left knee.” Id.

On July 3, 2018, Turner was seen by RN Kleptich for lacerations. ECF 15-5, at 41. Turner used a sharpened plastic spoon to gouge a deep laceration in both antecubital (“AC”) areas (the front of the elbow). Id. Turner was taken to the emergency room for treatment. Id.

The next day, Turner was discharged from the WCI infirmary to NBCI. Id. at 39-40. It was noted that he had been seen in the emergency room on July 3, 2018, and had his wounds sutured. Id. at 39. Turner initially stated that he harmed himself because he felt he was not getting medical treatment-specifically, the...