United States District Court, E.D. Virginia, Alexandria Division
Leon Banks filed this pro se civil rights action pursuant to
42 U.S.C. § 1983, alleging deliberate indifference to
his serious medical needs at Greensville Correctional Center
("GCC"). The defendants have filed a Motion for
Summary Judgment, as well as a memorandum of law and numerous
supporting exhibits. Dkt. Nos. 56, 57. Plaintiff was given
the Notice required by Local Rule 7(K) and the opportunity to
file responsive materials pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975). Plaintiff did
not file a response, and the matter is now ripe for
disposition. For the reasons that follow, defendants'
Motion for Summary Judgment must be granted.
Nurse Angela Smith
Second Amended Complaint, plaintiff contends that Nurse
Angela Smith is liable for medical malpractice because she
terminated his dialysis treatment on a day in which the water
system on the dialysis machine went down, June 14, 2013. Dkt.
No. 40 at 8. Plaintiff claims that he became very ill and had
to be placed in the infirmary as a result. Id.
Dr. Vincent Gore
also contends that Dr. Vincent Gore is liable to him for
deliberate indifference to his serious medical needs and
medical malpractice. Id at 5-9. First, plaintiff
claims that he injured his head, resulting in a "severe
concussion, " when he slipped and fell on a wet floor at
GCC sometime in 2012. Id. at 7. He claims that, over
a year after his fall, in October 2013 and January 2014, Dr.
Gore refused three requests made by plaintiffs primary doctor
for an offsite neurology appointment. Id. at 3-5.
Plaintiff claims that as a result of Dr. Gore's refusal,
he suffers from continued pain in his head, dizziness, and
paralysis in his left side. Id. He asserts that Dr.
Gore's denial of the three requests constitutes
deliberate indifference. Id at 8.
plaintiff claims that in February 2014 he begged Dr. Gore to
treat his Hepatitis C with a new HCV drug, Harvoni, and Dr.
Gore wrongfully denied his request. Id at 8.
Plaintiff contends that he continues to suffer side effects
due to damage to his liver as a result of Dr. Gore's
denial of his repeated requests for Harvoni. Id at
8-9. Finally, plaintiff claims that in March 2014 Dr. Gore
refused a gastroenterologist request for removal of kidney
stones from plaintiffs "bi[le] duct." Id
Nurse Shearyl Kee
are no allegations in the Second Amended Complaint against
Nurse Shearyl Kee, and she is not listed among the
defendants. The Second Amended Complaint is the operative
complaint in this case, so any initial claims against her
must be dismissed.
requests declaratory relief, punitive damages of $500, 000,
and compensatory damages of $75, 000 from Dr. Gore.
Undisputed Factual Background
times relevant to this lawsuit, Dr. Vincent Gore treated
plaintiff based upon his medical judgment and experience. See
Dkt. No. 57, Ex. 1 ("Gore Dec") ¶¶ 4-5.
Dr. Gore approved specialist consultations and procedures for
plaintiff on several occasions. Gore Dec. ¶ 5; Dkt. No.
57, Ex. 2 ("Med. Rec") at 8, 12, 28.
January 16, 2014, a year and a half after plaintiffs reported
fall, Dr. Gore recommended deferral of a neurology
consultation requested by a provider, and he instead
recommended that plaintiff be seen in the clinic for 6 months
first. Gore Dec. ¶ 5; Med. Rec. at 11. Dr. Gore believed
that more information and extensive observation were
necessary before an offsite neurology consultation was to be
scheduled; specifically, he noted that plaintiff had other
medical conditions, including congestive heart failure, and
some of the medications used to treat those conditions could
have caused plaintiffs headaches and dizziness. Id.
Dr. Gore also recommended that if plaintiff had increased
back or leg pain, physical therapy should be considered.
had reported left leg weakness, headache, dizziness, and
lower back pain to Dr. Gore, and Dr. Gore's neurological
evaluation of him was within normal limits. Id.
Specifically, plaintiffs lower spinal x-rays showed normal
alignment with anterior wedging (potentially from
osteoporosis) at Tl 1 and T12. Id. Based upon his
evaluation of plaintiff, Dr. Gore did not believe plaintiff
had any urgent need to be seen by a neurologist. Id
Even after Dr. ...