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Roscoe v. Collins

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

February 19, 2019

EMMITT ROSCOE, JR., Plaintiff,
v.
L. COLLINS, ET AL., Defendants.

          MEMORANDUM OPINION

          Hon. Jackson L. Kiser Senior United States District Judge

         Emmitt Roscoe, Jr., a Virginia inmate proceeding pro se, commenced this action pursuant to 42 U.S.C. § 1983 against defendants associated with the VDOC. Currently pending are motions to dismiss ("Motions") from defendants from the medical and dental departments of Red Onion State Prison ("ROSP"). The Motions, ECF Nos. 70, 97, 105, 139, had been referred to a United States Magistrate Judge for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) (the "R&R"), ECF No. 155, and Defendant Dr. Moore timely filed his objections, ECF No. 156. For the reasons that follow, I will reject Dr. Moore's objections and adopt the R&R in its entirety.

         I. Background

         On February 3, 2017, Roscoe was attacked by an unknown inmate during a Nation of Islam service. Roscoe's jaw was fractured in the attack and he was knocked unconscious. Roscoe alleges that he was taken to his cell after the attack and denied medical treatment until he was discovered unconscious on his cell floor. At that point, he was taken to ROSP's medical department and later transported to a local hospital. The hospital confirmed that his jaw was fractured in two places, but the attending doctor informed officers that he could not correct or treat the injury. Roscoe returned to ROSP and waited until February 6, 2017 to be seen by an oral surgeon, who performed surgery and wired Roscoe's jaw shut to facilitate healing. Roscoe returned again to ROSP and was put on a liquid diet. Roscoe required periodic monitoring by the dental and medical staff after the surgery.

         II. Claims

         The Magistrate Judge interpreted Roscoe's Second Amended Complaint, ECF No. 86, to allege the following claims:

1. Dr. Moore was deliberately indifferent to Roscoe's serious medical needs when he delayed or interfered with medical treatment, failed to order Roscoe hospitalized on February 3, 2017 to have immediate oral surgery, and failed to provide Roscoe with the prescribed Percocet and Boost nutritional supplement;
2. Nurse Bledsoe was deliberately indifferent to Roscoe's serious medical needs by not ensuring that he received proper medical attention;
3. Nurse Hubbard was deliberately indifferent to Roscoe's serious medical needs when she delayed and/or interfered in Roscoe receiving medical treatment
4. Dr. Wyatt was deliberately indifferent to Roscoe's serious medical needs when he delayed and/or interfered with Roscoe's medical treatment;
5. Dr. Wyatt violated Roscoe's First Amendment right to petition the courts by retaliating against him for filing suit; and
6. Nurse Adams was deliberately indifferent to Roscoe's serious medical needs when she delayed and/or interfered in Roscoe receiving medical treatment.

         III. Standards of Review

         A. ...


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