Luiz Diaz v. Emmanuel Akinyele, et al.

Summary

This Report and Recommendation addresses cross-motions for summary judgment in a 42 U.S.C. § 1983 action brought by prisoner Luis Diaz against a correctional-facility nurse and the Tennessee Department of Correction Commissioner. Diaz alleged that the nurse was deliberately indifferent to his serious medical needs by failing to provide adequate treatment for his right-foot condition. The magistrate judge recommended granting the nurse’s motion for summary judgment, denying Diaz’s motion, and dismissing the claims against the Commissioner.

Holdings

1. The magistrate judge assumed, without deciding, that Diaz's flat feet could constitute an objectively serious medical condition and proceeded to the subjective component.
2. The evidence did not establish that Akinyele subjectively knew of and disregarded an excessive risk to Diaz's health or safety. Akinyele's examinations, medical observations, recommendation for follow-up, and medical judgment against prescribing additional treatment showed treatment and evaluation rather than deliberate indifference.
3. Diaz could not sustain an Eighth Amendment claim based on Akinyele's decision not to prescribe pain medication or corrective devices and his direction that Diaz obtain approved over-the-counter medication from the commissary, because Diaz was not indigent and the record showed that medical care was provided.

Questions Presented

1. Whether the evidence established that Diaz's flat-foot condition was an objectively serious medical need for purposes of an Eighth Amendment deliberate-indifference claim.
2. Whether the evidence established that Nurse Akinyele subjectively knew of and disregarded an excessive risk to Diaz's health or safety.
3. Whether Diaz was entitled to summary judgment on his deliberate-indifference claim.
4. Whether the official-capacity claim against Commissioner Strada for injunctive relief should be dismissed after judgment was recommended for Akinyele.

Disposition

other