United States District Court, E.D. Virginia, Richmond Division
A. Gibney, Jr. United States District Judge.
Lassiter, a former Virginia prisoner proceeding pro
se and in forma pauperis, brings this action
pursuant to 42 U.S.C. § 1983. The matter proceeds on
Lassiter's Particularized Complaint
("Complaint"). Lassiter alleges that, during his
confinement in the Virginia Beach Correctional Center
("VBCC"), Dr. Abdul Jamaludeen and Physician
Assistant ("PA") Catharine Cartwright
("Defendants") denied him adequate medical care.
Specifically, Lassiter asserts that:
Claim One Despite Lassiter's medical condition which
required that he be assigned to a bottom bunk, Defendants
failed to assign Lassiter to a bottom bunk upon
Lassiter's arrival at the VBCC. (Compl. 1.)
Claim Two Defendants denied Lassiter prompt and adequate
medical care after Lassiter fell from his top bunk.
(Id. at 1-2.)
have moved for summary judgment. Lassiter has not responded.
For the reasons set forth below, the Motion for Summary
Judgment (ECF No. 42) will be GRANTED.
STANDARD FOR SUMMARY JUDGMENT
judgment must be rendered "if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law."
Fed.R.Civ.P. 56(a). It is the responsibility of the party
seeking summary judgment to inform the court of the basis for
the motion, and to identify the parts of the record which
demonstrate the absence of a genuine issue of material fact.
See Celotex Corp. v. Catrett, 477 U.S. 317, 323
(1986). "[W]here the nonmoving party will bear the
burden of proof at trial on a dispositive issue, a summary
judgment motion may properly be made in reliance solely on
the pleadings, depositions, answers to interrogatories, and
admissions on file." Id. at 324 (internal
quotation marks omitted). When the motion is properly
supported, the nonmoving party must go beyond the pleadings
and, by citing affidavits or '"depositions, answers
to interrogatories, and admissions on file, ' designate
'specific facts showing that there is a genuine issue for
trial.'" Id. (quoting former Fed.R.Civ.P.
56(c) and 56(e) (1986)).
support of his Motion for Summary Judgment, Defendants have
submitted: (1) Jamaludeen's Declaration (Mem. Supp. Mot.
Summ. J. Ex. 1 ("Jamaludeen Decl."), ECF No. 43-1);
(2) Cartwright's Declaration (id. Ex. 2
("Cartwright Decl."), ECF No. 43-2); and, (3) a
copy of Lassiter's Medical Records (id. Ex. 3,
ECF No. 43-3).
Lassiter failed to respond, Lassiter fails to cite the Court
to any evidence that he wishes the Court to consider in
opposition to the Motion for Summary Judgment. See
Fed. R. Civ. P. 56(c)(3) (emphasizing that "[t]he court
need consider only the cited materials" in deciding a
motion for summary judgment). Lassiter's complete failure
to present any evidence to counter Defendants' Motion for
Summary Judgment permits the Court to rely solely on
Defendants' submissions in deciding the Motion for
Summary Judgment. See Forsyth v. Barr, 19 F.3d 1527,
1537 (5th Cir. 1994) ("'Rule 56 does not impose upon
the district court a duty to sift through the record in
search of evidence to support a party's opposition to
summary judgment.'" (quoting Skotak v. Tenneco
Resins, Inc., 953 F.2d 909, 915 & n.7 (5th Cir.
the following facts are established for the Motion for
Summary Judgment. The Court draws all permissible inferences
in favor of Lassiter.
entered the VBCC on or around October 21, 2014 and underwent
an intake evaluation. (See Jamaludeen Decl.
\1.) At that time, Lassiter had no medical
conditions that warranted a bottom bunk assignment.
October 23, 2014, after reporting that he fell from his bunk
three days earlier and hurt his left thumb and right
shoulder, Lassiter was seen in the Medical Department by PA
Cartwright. (Cartwright Decl. ¶ 8.) Lassiter
"had good strength and movement in the thumb and
shoulder, but some pain." (Id.) PA Cartwright
prescribed medications, including Mobic, a nonsteroidal
anti-inflammatory for his injuries, and Lassiter was told to
follow up in 30 days. (Id.)
November 10, 2014, an LPN saw Lassiter and Lassiter reported
that he could not lift his right arm. (Id. \ 9.)
However, in the clinic, Lassiter was ...