United States District Court, E.D. Virginia, Alexandria Division
O'GRADY, UNITED STATES DISTRICT JUDGE
Daniel Grove, Jr., a Virginia inmate proceeding pro se
("Grove" or "plaintiff), has filed a civil
rights complaint pursuant to 42 U.S.C. § 1983, alleging
that he suffered deliberate indifference to his serious
medical needs in two respects at the Riverside Regional Jail
("RRJ"). The matter is presently before the Court
on the unopposed Motion for Summary Judgment of defendant Dr.
Onan Bomar, IV, who is alleged to have violated plaintiffs
Eighth Amendment rights in connection with a nasal
fracture. For the reasons which follow, the Motion
for Summary Judgment will be granted.
commenced this lawsuit in April, 2018, alleging that
defendants at RRJ were deliberately indifferent to (1) a
spinal condition and (2) a fractured nose. Dr. Bomar appears
to have been named as a defendant solely in connection with
the nasal fracture. In the amended complaint, which is the
operative complaint in the lawsuit [Dkt. No. 3], Grove's
allegations regarding the care he received from Dr. Bomar in
full are as follow:
On Tuesday, April 17, 2018 I was assulted [sic] and my nose
was badly broken. I was taken to Medical and examined by
Doctor Bowmar. Dr. Bowmar instructed Charge Nurse Lemons
[sic] to call for x-ray tech to see how bad it was broken. At
1:45 pm the same day x-rays were done and I was sent back to
my housing unit and told I would be sent on an emergency run
to get my nose set once the x-ray results confirmed my nose
[Dkt. No. 3 at 8] Grove alleges that :x>r the next several
days his nose was disfigured and continued to cause him pain.
He returned to the medical department and complained to
Charge Nurse Lemmons and Ms. Hicks -van Haren that nothing
was being done, and he was told that he would be seen by an
"nose, ear and throat doctor" who might decide that
it would not be best to re-break and set the nose.
Id. at 9-11. Grove states that as of May 1,2018 his
nose remained untreated because the RRJ medical staff was
"incompetent" and "inadequate," and he
would have to endure more pain to get his nose re-broken if
he wanted to have a "somewhat straight" nose and to
able to "breath[e] right" again. Id. at
seeks an award of monetary damages for the injury alleged
November 13,2018, Dr. Bomar filed a Motion for Summary
Judgment with a supporting memorandum of law and exhibits,
and supplied Grove with the notice required by Roseboro
v. Garrison, 528 F.2d 309 (4th Cir. 1975) and Local Civ.
R. 7(J). [Dkt. No. 40-41] Grove has submitted no response.
Accordingly, this matter is now ripe for disposition.
Standard of Review
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. at 587.
to Local Civil Rule 7(K)(2), if a pro se party receives the
appropriate Roseboro notice and fails to file a
response within the time allotted, the Court may dismiss the
action on the basis of the moving party's papers.
following material facts are undisputed.
Bomar is a physician licensed to practice medicine in
Virginia, and is board certified in internal medicine. He has
practiced as a physician at RRJ since March 18,2018. [Dkt.
No. 41, Ex. 1, Bomar Aff. at ¶¶ 4-5]
Bomar first saw Grove on March 22,2018, when he followed up
on Grove's consultation with an orthopedic surgeon
regarding his spinal condition. Pursuant to the surgeon's
recommendation, Dr. Bomar placed an order for a ...