Aisha Pope v. Corizon Health, Inc., et al.

Summary

This Report and Recommendation addresses a renewed motion for summary judgment in Aisha Pope’s 42 U.S.C. § 1983 action against MDOC-employed nurses. Pope alleged that the defendants were deliberately indifferent to her serious medical needs by delaying or denying care related to rectal bleeding, abdominal pain, and chest pain before and after her colon cancer diagnosis. The magistrate judge recommended granting summary judgment because Pope did not present medical or expert evidence showing that the treatment was constitutionally inadequate or that any delay caused a detrimental effect.

Holdings

1. A prisoner receiving ongoing treatment must present evidence that the treatment was so grossly incompetent, inadequate, or excessive as to be constitutionally actionable, and must provide medical proof or verifying medical evidence showing inadequacy and the detrimental effect of the alleged delay. Pope failed to do so.
2. The evidence did not create a genuine dispute that the defendant nurses were deliberately indifferent during the period between scheduling and performance of the colonoscopy.
3. Pope failed to establish that RN Branch's response to her report of blood in her stool was constitutionally inadequate or caused her harm.
4. Pope failed to establish deliberate indifference by RN Fiorini because the treating nurse disregarded Fiorini's alleged suggestion, contacted the doctor, and sent Pope to the hospital that same evening; no delay or resulting harm was shown.
5. Pope could not defeat summary judgment through conclusory assertions or allegations in her complaint without citing admissible evidence establishing a genuine dispute of material fact.

Questions Presented

1. Whether the MDOC nurses were deliberately indifferent under the Eighth Amendment to Pope's serious medical needs by failing to expedite her colonoscopy or surgery or by inadequately responding to her complaints.
2. Whether Pope produced sufficient evidence of inadequate treatment or a detrimental effect from an alleged delay in medical care to create a genuine dispute of material fact under Rule 56.
3. Whether RN Fiorini's alleged interference with another nurse's assessment on May 31, 2018 caused an actionable delay or harm.

Disposition

other