Wood v. Brown, DDS, et al.

Summary

The United States District Court for the Eastern District of Virginia ruled on James R. Wood’s motions for discovery, a continuance, appointment of counsel, supplementation of evidence, and emergency injunctive relief in an action concerning allegedly inadequate dental care in VDOC custody. The court denied the motions, while allowing Wood fourteen days to submit a proper Rule 56(d) affidavit supporting any need for additional discovery. The court concluded that Wood had not shown exceptional circumstances for appointed counsel, likelihood of success on his ADA or deliberate-indifference claims, or entitlement to a preliminary injunction.

Holdings

1. The discovery and continuance motions were deficient because Wood did not file a Rule 56(d) affidavit, did not specify the facts needed to oppose summary judgment, and did not explain how the requested discovery could create a genuine issue of material fact. The motions were denied, but Wood was given fourteen days to file a proper affidavit.
2. Wood was not entitled to appointed counsel because he had not shown exceptional circumstances, a colorable claim combined with an inability to present it.
3. The motion to supplement was granted in part and denied in part: the MRI was excluded as irrelevant, but Wood's assertion that he was forgetful was included as an unobjected-to fact within his personal knowledge.
4. Wood was not entitled to a temporary restraining order or preliminary injunction because he failed to show a likelihood of success on the merits.

Questions Presented

1. Whether Wood was entitled to discovery and a continuance under Federal Rule of Civil Procedure 56(d) before resolution of Brown's summary-judgment motion.
2. Whether Wood was entitled to appointment of counsel under 28 U.S.C. § 1915(e)(1).
3. Whether Wood could supplement the record with an MRI and an assertion concerning his forgetfulness.
4. Whether Wood was entitled to a temporary restraining order or preliminary injunction concerning VDOC Operating Procedure 720.6 and his dental care.
5. Whether Wood demonstrated a likelihood of success on his ADA and Eighth Amendment deliberate-indifference claims sufficient to support preliminary relief.

Disposition

other