Walter T. Bowen, Jr. v. RCADC et al.

Summary

This Report and Recommendation addresses Defendant Gary Patton’s motion for summary judgment in a prisoner civil-rights action brought under 42 U.S.C. § 1983. The Magistrate Judge recommends granting summary judgment on the plaintiff’s Eighth Amendment deliberate-indifference claim, dismissing the unidentified nurse under Federal Rule of Civil Procedure 4(m), and dismissing the case in its entirety.

Holdings

1. Summary judgment should be granted to Patton because Bowen failed to present evidence from which a reasonable trier of fact could find that Patton acted with deliberate indifference to Bowen's serious medical needs. Evidence that Patton acted unprofessionally, that the transport could have been handled differently, or that the decision appeared negligent in hindsight was insufficient to establish the required reckless or wanton disregard of a substantial risk of serious harm.
2. The unidentified nurse should be dismissed without prejudice under Federal Rule of Civil Procedure 4(m) because the nurse had not been identified or served and the Rule 4(m) service period had expired.

Questions Presented

1. Whether Defendant Patton was entitled to summary judgment because the evidence could not support a finding that he acted with deliberate indifference to Bowen's serious medical needs in violation of the Eighth Amendment.
2. Whether the unidentified nurse should be dismissed under Federal Rule of Civil Procedure 4(m) because the nurse was not identified or served within the permitted period.

Disposition

other