United States District Court, E.D. Virginia, Alexandria Division
Antonio C. Garibaldi, Plaintiff,
Dr. Villasis and Dr. Haydu, Defendants.
Anthony J. Trenga, United States Judge.
C. Garibaldi, a Virginia inmate proceeding pro se, filed this
civil rights action pursuant to 42 U.S.C. § 1983,
alleging that he suffered deliberate indifference to his
serious medical needs with regard to dental care he received
at Virginia Beach Correctional Center ("VBCC"). The
matter is presently before the Court on an unopposed Motion
for Summary Judgment filed jointly by defendants Juan
Villasis, D.D.S., and James Haydu, D.D.S. For the reasons
which follow, the Motion for Summary Judgment will be
commenced this lawsuit in September, 2017, alleging that
dental care provided to him at VBCC by Drs. Villasis and
Haydu violated his rights under the Eighth
Amendment.Because the initial complaint was not
signed, Garibaldi was directed to submit a copy bearing his
signature, in accordance with Rule 11, and he submitted a
signed Amended Complaint on October 24, 2017. [Dkt. No. 5]
Briefly, Garibaldi alleges in the Amended Complaint that in
December, 2016, he was placed on antibiotics because one of
his teeth had become decayed and infected. Id.
§IV p.l. A lump developed over his eye and a medical
doctor prescribed a different antibiotic. After a day or two
Garibaldi noticed he was getting worse and submitted
emergency grievances and sick call slips, but he was not seen
for several days. During this time he experienced hot
flashes, dizziness, nausea, and "feverish
feelings," and he "truly thought [he] was going to
die in [his] cell." Id. Another inmate told him
the bags under his eyes were turning purple, various parts of
his face were swollen, and the space between his gums and
cheeks were "filled by infectious tissus [sic]."
Id. §IV p. 2.
the presence of infection Dr. Villasis extracted the tooth
and told Garibaldi that he would continue to receive
antibiotics and the hole would close over time. After
"weeks" the hole stopped healing before it closed
completely, and Garibaldi began to feel water in his nose.
Id. §IV p. 3. Dr. Villasis stuffed the hole
with gauze and stitched it up, but "weeks later" it
still hadn't closed properly so Dr. Villasis administered
five shots of a numbing agent that sent pain down the whole
right side of Garibaldi's body and did further work to
attempt to close the hole. Garibaldi requested to be seen by
an oral surgeon but Dr. Villasis said "they don't do
that outside medical thing any more." Id.
Garibaldi also saw Dr. Haydu, who also denied him oral
surgery and "lied" by saying no other treatment was
available for Garibaldi's condition. Id.
§IV p. 4.
almost six months the hole at the extraction site had healed
to the point that in Garibaldi's view, antibiotics
wouldn't help. Id. Garibaldi alleges that food
and water would travel up the hole into his sinuses and come
out his nose, causing him great pain, discomfort, and
elevated blood pressure. Id. Because he "got
tired of them denying [him] outside surgery" Garibaldi
stopped taking the antibiotics "in hopes to force there
[sic] hands for outside treatment [but] it didn't
June, 2017, Garibaldi started to have constant pain in the
area of the extraction, which was discolored and "very
tender." Id. He asked another inmate who had
been called for dental to mention his situation, and two
hours later Garibaldi also was called to dental. Id.
Dr. Villasis stated that he appeared to have an infection at
the extraction site, and he prescribed pain medication but no
antibiotics because Garibaldi hadn't taken the
antibiotics he previously had been offered. Compl. §IV
p. 5. Garibaldi asserts that Dr. Villasis was "trying to
punish [him] for not letting him poke around in [his] mouth
and standing up for [him]self." Id. Garibaldi
filed several sick call requests and grievances in June,
2017, and the medical department confirmed the presence of an
infection but said it would have to be treated in the dental
Garibaldi saw Dr. Haydu on June 29, 2017, he received
antibiotics and pain medication and was sent to an oral
surgeon. Id. §IV p. 6. He had oral surgery in
July, 2017. Garibaldi asserts that for most of his eight (8)
months at VBCC he had to deal with pain and discomfort due to
Dr. Villasis' methods of treatment and
"punishment." Garibaldi filed the instant lawsuit
in September, 2017, seeking monetary damages. On April 4,
2018, defendants Villasis and Haydu filed a Motion for
Summary Judgment with a supporting memorandum of law and
exhibits, and supplied Garibaldi with the notice required by
Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975)
and Local Civ. R. 7(J). [Dkt. No.19-21] Garibaldi has
submitted no response. Accordingly, this matter is now ripe
Standard of Review
Summary judgment shall be granted "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). The movant bears the initial burden of
showing that there are no genuine, material factual disputes
and that it is entitled to judgment based on those facts. See
Celotex Corp. v. Catrett. 477 U.S. 317, 323 (1986).
Once the movant has met its initial burden, the burden shifts
to the non-moving party to point out the specific facts which
create disputed issues. Anderson v. Liberty Lobby.
Inc.. 477 U.S. 242, 248 (1986); Matsushita
Electrical Industrial Co. v. Zenith Radio Corp.. 475
U.S. 574, 587 (1986). Summary judgment is appropriate only
where no material facts are genuinely disputed and the
evidence as a whole could not lead a rational factfinder to
rule for the non-moving party. Matsushita. 475 U.S.
following material facts are undisputed.
defendants are dentists licensed to practice in Virginia. Dr.
Villasis obtained his degree in 2002, and Dr. Haydu has
maintained a clinical practice in general dentistry since
obtaining his degree in 1974. Def. Ex. A ¶1; Ex. B
Garibaldi was seen for the first time by either defendant on
December 6, 2016, when Dr. Villasis prescribed an antibiotic
for an ...