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Meyers v. Miles

United States District Court, W.D. Virginia, Roanoke Division

June 29, 2017

DR. MILES, Defendant.


          Glen E. Conrad, Chief United States District Judge.

         Anthony Meyers, a Virginia inmate proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983 against Dr. Miles, a physician who treated him at a local jail. The matter is currently before the court on Dr. Miles' motion for summary judgment and Meyers' responses thereto. Finding that Meyers' amended complaint and other submissions present no genuine issues of material fact in dispute showing a viable claim under § 1983, the court will grant summary judgment for Dr. Miles.


         Meyers was first incarcerated at the regional jail facility in Duffield, Virginia, on March 7, 2016, three months before Dr. Miles began working there. The course of treatment thereafter provided to Meyers at the jail, as reflected in Dr. Miles' affidavit ("Aff., " ECF No. 35-1) and attached medical records ("Med., " ECF No. 35-2), is undisputed.

         Meyers requested and was granted a medical examination on April 28, 2016, when he reported difficulty with urination and ejaculation and requested a prostate examination. A nurse practitioner, Krystal Large, performed a rectal exam on Meyers and noted a mild enlargement of his prostate. She ordered lab work, diagnosed him with prostatitis and urinary retention, and prescribed an antibiotic for ten days. She noted Meyers' statement that he was contacting a lawyer because "no one is interested in meeting up to their requirements as medical staff." (Med. at 13.)

         Meyers next visited the jail's medical unit on May 16, 2016, when he complained of urinary hesitancy. Dr. Moreno conducted a physical exam that revealed no abnormalities, although at Meyers' request, the doctor deferred conducting a genital examination. Dr. Moreno diagnosed Meyers with chronic prostatitis and prescribed a refill of the antibiotic Bactrim for 30 days. He also prescribed Flomax to improve urination symptoms.

         Dr. Moreno saw Meyers again on June 6, 2016, when he noted slight improvement in urinary symptoms, but an increase in constipation and diarrhea. Again, a physical exam revealed no abnormalities, but Meyers deferred undergoing a genital exam. Dr. Moreno refilled the prior prescriptions for 30 more days. According to Meyers, Dr. Moreno diagnosed him with a prostate infection and said "treatment could take from 6 months to a year." (Am. Compl. 2, ECF No. 20.)

         In early July, after the Bactrim prescription ran out, Meyers wrote a medical grievance, stating "I AM SUPPOSED TO TAKE BACTRUM FOR AT LEAST 4 MONTHS. THE FLOWMAX H[E]LPS WITH URINATION UNTIL MY PROSTATE IS BACK TO NORMAL. IT[ ] HAS BEEN INFECTED AND MESS[E]D UP FOR A LONG TIME SO [T]REATMENT MAY TAKE LONGER. ... A Prostate inf[e]ction is ag[gra]vating and sometimes painful." (Resp., at 2, ECF No. 48.)

         Dr. Miles' initial contact with Meyers occurred on July 11, 2016. The doctor noted that Meyers was argumentative and insisted that he had a prostate infection and was planning to file a lawsuit. The doctor's notes also report Meyers' statements that he felt he was paralyzed below the waist, he could not urinate correctly, he did not want a prostate exam, [1] and he needed another dose of antibiotics. Test results showed that Meyers' urine was negative for infection and that his PSA was normal. Dr. Miles explained to Meyers that additional antibiotics were not indicated by these results and could actually be harmful.[2] Instead, the doctor refilled the prescription for Flomax and ordered a urine culture.[3]

         Dr. Miles saw Meyers again on July 18, when the Meyers' complaints were reported as follows:

[D]r. Mil[e]s I canno[t] handlfe] thi[s] seriously, the symptoms are r[e] turning the m[e]dication was helping if you do no[t] know how to diagnose me I need to see specialist, b[a]sically feels like I got a bal[l]oon in my butt, like m[y] but[t] is tu[r]ning inside out burns can[']t urinate hurts in crease inside thighs lower back feels bruised inside[.] Itch between testicles and rectum, infected prostates only ge[t] worse and can take months to cure.

(Med. at 10.) The doctor examined Meyers and found no abnormalities. His urine culture was again negative for infection. The doctor reassured Meyers that he did not have a prostate infection at that time.

         Dr. Miles next saw Meyers on August 17, 2016. He noted that Meyers was complaining of clear fluid from his rectum and an itch between his rectum and testicles, as well as large ejaculations. Meyers insisted that he had "some kind of medical issue, possibly cancer" and demanded a diagnosis. (Aff. at 9.) Based on his symptoms, Dr. Miles diagnosed Meyers with possible colitis and/or irritable bowel syndrome ("IBS") and prescribed Bentyl to treat the IBS. The doctor also ordered a follow up exam in two weeks.

         At the follow up appointment on September 8, Dr. Miles noted Meyers' report that the clear fluid in his stools had decreased. The doctor increased the ...

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