Gigi Fairchild-Littlefield v. Attinello

Summary

This document contains findings and recommendations on the parties’ cross-motions for summary judgment in a 42 U.S.C. § 1983 action brought by Gigi Fairchild-Littlefield against nurse practitioner Valerie Attinello. The action alleges deliberate indifference under the Eighth Amendment based on the treatment and accommodation of Plaintiff’s right knee condition, including the denial of a wheelchair. The court recommends denying Plaintiff’s motion and granting Defendant’s motion, concluding that the evidence does not establish deliberate indifference.

Holdings

1. The evidence established, at most, a disagreement over the medically appropriate assistive device and did not show that Attinello chose a medically unacceptable course of treatment in conscious disregard of an excessive risk to Plaintiff's health or safety. Defendant was therefore entitled to summary judgment on the Eighth Amendment claim.
2. Plaintiff's motion for summary judgment should be denied because her evidence did not establish the absence of a genuine dispute in her favor or deliberate indifference by Defendant.
3. Plaintiff's request for punitive damages should be denied because the record contained no indication that Defendant acted with evil motive, intent, reckless indifference, or callous indifference to federally protected rights.

Questions Presented

1. Whether Plaintiff was entitled to summary judgment on her Eighth Amendment deliberate-indifference claim based on the alleged denial of a wheelchair.
2. Whether Defendant was entitled to summary judgment because the undisputed evidence showed that her treatment decisions were medically acceptable and did not constitute deliberate indifference.
3. Whether Plaintiff could recover punitive damages under 42 U.S.C. § 1983 on the evidence presented.

Disposition

other