United States District Court, W.D. Virginia, Roanoke Division
E. Conrad, Chief United States District Judge.
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.
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),
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.)
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
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.)
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.)
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,  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. Instead, the
doctor refilled the prescription for Flomax and ordered a
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.
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.
follow up appointment on September 8, Dr. Miles noted
Meyers' report that the clear fluid in his stools had
decreased. The doctor increased the ...