Charles E. Owen v. Corizon Health Inc.
703 F. App'x 844
| 11th Cir. | 2017Background
- Plaintiff Charles Owen, a pro se Florida prisoner, sued Corizon, LLC and medical staff (Tammy Kelley, Dr. Kalem Santiago) under the Eighth Amendment for deliberate indifference to serious medical needs; district court granted summary judgment for defendants and Owen appealed.
- Owen had preexisting back problems and a medical pass limiting lifting from a 2013 injury; upon transfer to Madison Correctional Institution his pass expired and he requested renewal.
- On April 10, 2014, after not yet receiving a renewed pass, Owen injured his back lifting >100 lbs, declared a medical emergency, and saw nurse Kelley (who deemed it not an emergency) and later nurse Williams (who provided ibuprofen and balm).
- Between May and December 2014 Dr. Santiago assessed Owen repeatedly: ordered x-ray (showed compression fractures and degenerative disease), issued progressively broader medical passes, changed medications, prescribed a walker and brace, and eventually ordered an MRI (showing right L4 foraminal stenosis/impingement).
- Owen contended Kelley improperly denied emergency care, Dr. Santiago delayed diagnosing/treating leg symptoms and ordering MRI, and Corizon’s emergency-policy sign narrowed emergencies to life-threatening events. Court found no genuine issue of deliberate indifference and affirmed summary judgment for defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nurse Kelley was deliberately indifferent by not treating April 10 injury as emergency | Kelley should have treated the injury as an emergency and not sent him back to waiting area | Kelley evaluated him, left only a ten-minute gap before another nurse treated him with meds; no worsening shown | No deliberate indifference; ten-minute delay and assessment do not create constitutional violation |
| Whether Dr. Santiago was deliberately indifferent by focusing on back and delaying MRI/treatment for leg symptoms | Santiago ignored progressive leg symptoms and should have ordered MRI earlier to diagnose nerve impingement | Santiago repeatedly assessed and treated: x-ray, med changes, medical passes, brace/walker, eventually MRI; disagreement over timing is medical judgment | No deliberate indifference; dispute over diagnostic timing and treatment is improper basis for Eighth Amendment claim |
| Whether delay in care worsened Owen’s condition (causation element) | Earlier MRI/treatment would have changed outcome | Plaintiff produced no verifying medical evidence that delay caused harm | Held for defendants; plaintiff failed to show detrimental effect of any delay |
| Whether Corizon liable for policy narrowing “emergency” definition | Sign/policy limiting emergencies to life-threatening caused denial of emergency care | Liability requires underlying constitutional violation by staff; no violation shown | No municipal/organizational liability; summary judgment for Corizon |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment prohibits deliberate indifference to serious medical needs)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard—no reasonable jury)
- Peppers v. Cobb Cty., 835 F.3d 1289 (appellate review of summary judgment—view facts for nonmoving party)
- Melton v. Abston, 841 F.3d 1207 (elements of deliberate indifference)
- Goebert v. Lee Cty., 510 F.3d 1312 (delay-in-treatment factors: seriousness, effect of delay, reason for delay)
- Hill v. Dekalb Reg'l Youth Det. Ctr., 40 F.3d 1176 (plaintiff must provide verifying medical evidence of harm from delay)
- Harris v. Thigpen, 941 F.2d 1495 (difference of medical opinion not Eighth Amendment violation)
- Adams v. Poag, 61 F.3d 1537 (discretion in diagnostic/treatment decisions; classic medical judgment)
- Craig v. Floyd Cty., 643 F.3d 1306 (organizational liability requires policy to have caused constitutional violation)