United States District Court, W.D. Virginia, Roanoke Division
Elizabeth K. Dillon United States District Judge.
Taylor, a Virginia inmate proceeding pro se, filed a
civil rights action pursuant to 42 U.S.C. § 1983 against
several defendants at Wallens Ridge State Prison
(“Wallens Ridge”). This matter is before the
court on a motion for summary judgment filed by defendants
Dr. Dulaney and Nurse Stanford. Having considered the record,
the court will grant the motion for summary judgment.
alleges that, in October 2014, he “put in a sick call
form for excessive weight loss” because his weight
dropped from 158 pounds to 144 pounds during the
year. Taylor states that he saw Dr. Dulaney, but
she “flat-out refused to run lab work, ” was
unwilling to evaluate Taylor's “week-to-week
recorded weights, ” and denied his request for a
“food supplement energy drink.”
alleges that he saw Dr. Dulaney again on October 26, 2015,
concerning headaches. Taylor alleges that Dr. Dulaney asked
him several questions and when Taylor “didn't
answer the question[s] the way she wanted, ” Dr.
Dulaney “gave [him] an evil look” and cut the
visit “short.” Taylor alleges that Dr. Dulaney
did not “investigat[e] the situation whole-
heartedly.” Taylor states that he requested various
medications, including a pain reliever, and Dr. Dulaney
claims that in 2016, his weight dropped to 135 pounds and his
shoes would not stay on his feet. He states that he
requested, and Dr. Dulaney ordered, lab work. He complains,
though, that she did not prescribe an energy drink.
alleges no facts against or conduct committed by Nurse
Stanford, but seeks to hold her responsible for her
supervisory role in the medical department.
support of the motion for summary judgment, Nurse Stanford,
who is the head nurse at Wallens Ridge, provides an affidavit
stating that she did not provide any direct clinical care to
Taylor, had no involvement in or contemporaneous knowledge of
the provision of medical services to Taylor, and is not aware
of any incident in which Taylor was denied access to adequate
Dulaney, a licensed physician who provides medical services
at Wallens Ridge, submits a declaration detailing her
treatment of Taylor beginning in October 2014. According to
her declaration, Dr. Dulaney saw Taylor on October 26, 2014,
for complaints of weight loss and a request for Boost
nutritional supplement. At the time, he weighed 145 pounds
with restraints on. She states that he reported that, for the
previous year and a half, his weight had been approximately
145 pounds. Taylor told Dr. Dulaney that he had been told
that there was an issue with his thyroid. Dr. Dulaney noted
that Taylor's thyroid stimulating hormone
(“TSH”) level was normal in 2011. She noted that
Taylor did not have any actual weight loss, and on exam his
vitals were stable, he was afebrile, had no appreciable
disease, he was alert and oriented, and he appeared well. Dr.
Dulaney determined that Taylor's complaints of weight
loss were unfounded, and she denied his request for a Boost
Dulaney saw Taylor again on September 10, 2015, for
complaints of dry skin. He refused vital signs, but on exam
Dr. Dulaney noted dry skin in his groin area, arms, and feet.
She ordered an ointment to be applied every day for 90 days.
He did not report any complaints of weight loss at that
Dulaney saw Taylor on October 26, 2015, for complaints of
headaches. Taylor told Dr. Dulaney that he had headaches
since 2013, but only when he is in segregation. He claimed to
have daily headaches and sometimes several a day. Dr. Dulaney
states that when she asked him how long each headache lasted,
he refused to answer any of her questions directly. When she
asked him for specifics, he repeated over and over:
“that's what I'm trying to tell you, ”
but he never actually told Dr. Dulaney anything. She states
that he was short tempered during the whole visit. She also
states that his refusal to cooperate and answer her questions
interfered with her ability to fully assess his condition.
Security ended the visit after approximately 10 minutes.
Taylor did not complain of weight loss at this visit.
Dulaney saw Taylor on January 13, 2016, for complaints of dry
skin, shaving bumps, and weight loss and his request for
ointment and lab work. Dr. Dulaney states that Taylor refused
vital signs. On exam, Dr. Dulaney noted that he had very dry
skin in some areas, but no skin issues on his face. She
ordered the ointment for him to use every day for 20 days.
She told him to decrease his shaving frequency. She ordered
lab work and weight checks every two weeks.
Dulaney reviewed Taylor's lab work on January 25, 2016,
and noted that everything was within normal limits. She
ordered that he continue with weight checks every two weeks
for one month and that his chart be reviewed after the first
weight check. On February 1, 2016, she reviewed his chart,
noted that his weight was 150 pounds, and discontinued the
weight checks as his weight was stable.
Dulaney saw Taylor on February 8, 2016, for his request to
have certain foods removed from his diet. Taylor reported
that he had seen a gastroenterologist when he was 12 years
old. He also requested ointment for facial shaving
irritation. On exam, no appreciable disease was noted, he was
alert and oriented, and his skin appeared normal. Dr. Dulaney
explained the food allergy policy to Taylor. She also noted
that, in her medical opinion, he did not have any food