Wise v. Lappin
2012 U.S. App. LEXIS 5969
8th Cir.2012Background
- Wise, a federal inmate, claimed Eighth Amendment deliberate indifference due to delayed jaw treatment at FCI-Forrest City.
- He sustained facial fractures in July 2007 and suffered jaw deformity with severe pain and chewing difficulties by early 2008.
- After transfer to FCI-Forrest City, Wise alleges repeated grievances were ignored and medical staff delayed referrals to specialists.
- PA Refendor initially reviewed records, requested documents, and later referred Wise to Dr. Roach; the referral was delayed.
- Dr. Matos acknowledged the jaw deformity but told Wise he was a 'holdover' inmate and should have been treated in Texas; treatment was eventually pursued.
- Oral surgeon and dental interventions occurred between May and June 2008, with surgery on June 6, 2008.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Refendor deliberately indifferent to a serious medical need? | Wise argues Refendor knew of pain and records showing need for an oral surgeon and still delayed. | Refendor contends no deliberate indifference and that referral occurred in due course. | Summary judgment reversed for Refendor. |
| Was Matos deliberately indifferent to a serious medical need? | Wise claims Matos was aware of deformity and pain but failed to treat promptly. | Matos contends standard care or awaiting proper medical clearance. | Summary judgment reversed for Matos. |
| Are the remaining defendants entitled to summary judgment on negligence or respondeat superior theories? | Wise asserted supervisory and institutional liability for inadequate care. | Defendants argued lack of evidence for deliberate indifference; claims are negligent or unsupported. | Affirmed as to remaining defendants. |
| Does the record show a genuine dispute about the duration of the delay between referrals and surgery? | Two-month delay from Apr 10 referral to Jun 6 surgery evidences deliberate indifference. | Record insufficient to attribute delay to specific defendants. | Remanded on the delay issue for Refendor and Matos (reversal as to these two). |
Key Cases Cited
- Tlamka v. Serrell, 244 F.3d 628 (8th Cir. 2001) (prisoner affidavits credited; can't weigh evidence at summary judgment)
- Boyd v. Knox, 47 F.3d 966 (8th Cir. 1995) (3-week dental care delay supports Eighth Amendment violation)
- Patterson v. Pearson, 19 F.3d 439 (8th Cir. 1994) (summary judgment reversed where inmate's symptoms were known and not treated)
- Popoalii v. Corr. Med. Servs., 512 F.3d 488 (8th Cir. 2008) (deliberate indifference standard; review de novo on summary judgment)