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Kneer v. Dr. Stairs

United States District Court, E.D. Virginia, Alexandria Division

February 14, 2017

Stephen Kneer, Plaintiff,
v.
Dr. Stairs, et al., Defendants.

          MEMORANDUM OPINION & ORDER

          T. S. Ellis, III, United States District Judge.

         Stephen Kneer, a Virginia inmate proceeding pro se, filed this civil rights action, pursuant to 42 U.S.C. § 1983, alleging that defendants showed deliberate indifference to his serious medical needs at Riverside Regional Jail ("Riverside"). Defendants, Nurse Glenn Wise and Medication Aide Sonja L. Rives, have now filed a Motion for Summary Judgment, as well as a memorandum of law and supporting exhibits.[1] Dkt. Nos. 34-35. 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 filed an unverified response.[2] Dkt. No. 41. For the reasons that follow, defendants' Motion for Summary Judgment must be granted.

         I.

         The following facts are undisputed.[3] Plaintiff arrived at Riverside on February 27, 2015, and was seen by the medical staff for an initial screening. Defs. MSJ at Ex. B. Plaintiff indicated that he had diabetes. Id. "On February 28, 2015, medication orders were entered to address [plaintiffs] other reported complaints." Id. at Ex. A. "On mid-afternoon of March 2, 2015, orders were entered for [plaintiff] to be administered Humalog insulin four times a day beginning at [10 pm] that evening, and Lantus insulin at bedtime." Id. On March 4, 2015, a physician changed plaintiffs insulin intake so that he was to "receive regular insulin, per sliding scale protocol, three times a day, " twenty units of NPH insulin at 5 am, and fifteen units of NPH insulin at 4 pm. Id.

         Plaintiffs medical records disclose the following:

• Defendant Rives first saw plaintiff on March 2, 2015, at 7 pm and there is no record mat plaintiff asked her to test his blood sugar levels or that she refused to do so.[4]
• On March 3, 2015, plaintiff did not show up to medical call[5] at 5 am, and he was given 6 units of Humalog insulin at 11 am, 4 units of Humalog insulin at 4 pm, and 9 units of Humalog insulin at 8 pm.
• On March 4, 2015, plaintiff was given 4 units of Humalog insulin at 5 am, he did not show up at medical call at 11 am, and he was given 10 units of regular insulin and 15 units of NPH insulin at 4 pm.
• On March 5, 2015, plaintiff did not show up to medical call at 5 am, he was given 8 units of regular insulin at 11 am, and he received no regular insulin (based on his blood sugar level of 154[6]) and 15 units of NPH insulin at 4 pm.
• On March 6, 2015, plaintiff did not show up to medical call at 5 am, he was given 6 units of regular insulin at 11 am, and he was given 6 units of regular insulin and 15 units of NPH insulin at 4 pm.
• On March 7, 2015, plaintiff did not show up to medical call at 5 am and 11 am. At 4 pm that day Rives found plaintiffs blood glucose level was 226. Rives gave plaintiff 4 units of regular insulin and 15 units of NPH insulin.
• Between March 8, 2015, and April 3, 2015, plaintiff received regular insulin and NPH insulin, as prescribed, except for when he did not show up to medical call, which occurred almost every day at 5 am, nine days at 11 am, and five days at 4 pm. Plaintiff also did not receive insulin on three occasions when he reported to medical call but refused to have his blood glucose levels tested.
• On April 4, 2015, plaintiff did not report to medical call at 5 am. Later, plaintiff complained to Wise of an allergic reaction because he claimed that he was given NPH insulin instead of regular insulin at 11 am that day. Rives informed Wise that she gave plaintiff regular insulin at 11 am, as reflected in plaintiffs medical records. Specifically, plaintiff's medical records indicate that, on April 4, 2015, at 11 am, plaintiffs blood glucose level was 366 and Rives gave plaintiff 10 units of regular insulin. The medical records also disclose that at 4 pm the same day, plaintiffs blood sugar level was 301 and Rives gave plaintiff 8 units of regular insulin and 15 units of NPH insulin. In addition, even if plaintiff had been "given NPH insulin for his [11 am] dose, this would not have caused any kind of reaction because [plaintiff] had been taking NPH insulin in conjunction with regular insulin for approximately one month." Defs. MS J at Ex. A. Wise's neurological examination of plaintiff was negative. Id. Plaintiff was monitored for one hour and not provided any medication. Id.
• Between April 5, 2015, and May 9, 2015, plaintiff received insulin, as prescribed, except for when he did not ...

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