Rahsan Drakeford v. Dr. Mullins, 678 F. App'x 185

Drakeford, a prisoner, suffered a wrist fracture and filed a 42 U.S.C. § 1983 claim for deliberate indifference against Dr. Benny Mullins and Nurse S. Scott.
He alleged Mullins delayed surgery during the 13 days between injury and operation and that Scott refused pain medication.
Mullins submitted an affidavit and medical records showing he monitored Drakeford, prescribed pain medications, and referred him to another surgeon when an orthopedics consult risked delaying surgery; surgery occurred two days after that referral.
Scott’s affidavit and medical records showed he twice delayed administering medication only to comply with the prescription.
Drakeford produced no documentary evidence contradicting the defendants’ accounts or showing they consciously disregarded a substantial risk to his health.
The district court granted summary judgment for Mullins and Scott; the Fourth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether delay in scheduling/performing surgery by Mullins amounted to Eighth Amendment deliberate indifference	Mullins failed to timely attend and caused delay in necessary surgery for the fracture	Mullins diligently monitored, treated with pain meds, and referred to avoid further delay; surgery followed promptly	No—summary judgment for Mullins; no genuine issue that he acted with deliberate indifference
Whether Scott’s withholding/delay of pain medication constituted deliberate indifference	Scott refused pain medication, causing unnecessary suffering	Scott delayed doses only to comply with prescription directions; records support his account	No—summary judgment for Scott; delay in administering or providing stronger meds alone insufficient to show deliberate indifference

Smith v. Gilchrist, 749 F.3d 302 (4th Cir. 2014) (standard for reviewing summary judgment and viewing facts for nonmoving party)
Jackson v. Lightsey, 775 F.3d 170 (4th Cir. 2014) (deliberate indifference to serious medical needs violates the Eighth Amendment)
Estelle v. Gamble, 429 U.S. 97 (1976) (prison officials’ deliberate indifference to serious medical needs is cruel and unusual punishment)
Iko v. Shreve, 535 F.3d 225 (4th Cir. 2008) (definition of a ‘‘serious’’ medical need)
Farmer v. Brennan, 511 U.S. 825 (1994) (subjective knowledge and disregard of excessive risk requirement for Eighth Amendment claims)
Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (difference between disagreeing over medical treatment and constitutional deprivation)