Birts v. Winn

Summary

The United States District Court for the District of Colorado denied Rita Winn, NP’s motion for reconsideration of the order denying her motion for partial summary judgment. The court held that the newly produced appointment record was not previously unavailable and did not eliminate genuine disputes of material fact concerning deliberate indifference to Kisha Birts’s HIV-related medical needs.

Holdings

1. The appointment document did not warrant reconsideration because the court had already considered the material facts reflected in that document when deciding the summary-judgment motion.
2. Winn was not entitled to summary judgment because the evidence permitted a reasonable jury to find that she failed to fulfill her gatekeeper duty by not adequately communicating Birts's positive HIV result or ensuring access to a provider capable of treating it.
3. A motion to reconsider is not an appropriate vehicle for presenting authority available during the original summary-judgment briefing, rearguing the application of law to facts, or merely rehashing previously rejected arguments.

Questions Presented

1. Whether a document produced after the prior summary-judgment ruling constituted previously unavailable new evidence warranting reconsideration.
2. Whether the appointment document eliminated genuine disputes concerning whether Winn requested or scheduled treatment for Birts's HIV and communicated Birts's HIV-positive status to another provider.
3. Whether Winn demonstrated clear legal or factual error in the prior ruling concerning deliberate indifference, including the gatekeeper duty and Winn's September 2020 chart review.

Disposition

other