708 F.Supp.3d 192
D.R.I.2023Background
- Luther Parente and Eric Stewart, Rhode Island inmates with serious physical (foot/ankle) and mental health issues, alleged that the Rhode Island Department of Corrections (DOC) and associated medical and supervisory staff were deliberately indifferent to their serious medical needs.
- Parente suffered multiple foot/ankle fractures; Stewart suffered an ankle injury. Both claimed repeated denial or delay of medically prescribed devices and care, such as wheelchairs, crutches, pain medication, ice, elevation pillows, and use of elevators.
- Both plaintiffs had longstanding, well-documented mental health conditions, for which they claimed they were denied needed treatment based on DOC's restrictive criteria for mental health services.
- Claims were brought under federal law (42 U.S.C. § 1983 for Eighth Amendment violations), the Americans with Disabilities Act (ADA), Rehabilitation Act, analogous Rhode Island statutes, and also for state law negligence and malpractice.
- The case is at the summary judgment stage, with both sides seeking judgment as a matter of law on various claims and defenses.
- Key disputed facts centered on the seriousness of their needs, adequacy of treatment, responsibility for accommodations, and the knowledge and actions (or inaction) of correctional and medical staff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment Medical Care | Defendants showed deliberate indifference to serious needs | Disagreements in treatment were medical judgment, not indifference | Material facts disputed; summary judgment denied except for limited supervisory defendants not personally involved |
| ADA / Rehabilitation Act / RI analogs | Defendants failed to accommodate disabilities | Dispute severity/disability and adequacy of accommodation | Genuine dispute; summary judgment denied on most, except certain defendants as to Stewart and one state law claim |
| State Constitutional Claims | Direct causes of action for cruel punishment / equal protection | No recognized direct cause of action | No direct cause of action under RI provision; summary judgment for all defendants |
| Qualified Immunity/Official Capacity | Defendants not entitled; rights well-established | Entitled due to unclear rights/official capacity | Denied qualified immunity to individuals; claims against officials in official capacity dismissed |
| Negligence/Medical Malpractice | Nursing staff and supervisors liable for substandard care | Nurses can't be sued for malpractice; minimal actionable conduct | Nurses not liable for malpractice, but negligence claim proceeds for NP Garriepy/Mageau as to Parente |
| Due Process/Morris Rules | Lack of process and statutory violations in intake | No constitutional right implicated | Claims not briefed/waived or not actionable; summary judgment for all defendants |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference to serious medical needs is cruel and unusual punishment)
- Leavitt v. Correctional Med. Serv., Inc., 645 F.3d 484 (1st Cir. 2011) (deliberate indifference requires knowledge of and disregard for substantial risk)
- Perry v. Roy, 782 F.3d 73 (1st Cir. 2015) (explains serious medical needs standard)
- Snell v. Neville, 998 F.3d 474 (1st Cir. 2021) (disability under ADA includes inability to climb stairs)
- Carlson v. Green, 446 U.S. 14 (1980) (Bivens action for Eighth Amendment violation in prison)
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (state not a person under § 1983)
- State v. Bandoni, 715 A.2d 580 (R.I. 1998) (declined to recognize direct state constitutional claims)