Thomas Edward Burke, Jr. v. Luther Luckett Correctional Complex et al.

Summary

The United States District Court for the Western District of Kentucky grants Defendant Elaine Smith's motion for summary judgment in a pro se prisoner's 42 U.S.C. § 1983 action. The court concludes that the medical records show treatment for the plaintiff's cellulitis and pilonidal cyst, including hospital referrals, procedures, medications, and follow-up wound care, and do not establish deliberate indifference to serious medical needs under the Eighth Amendment.

Holdings

1. Defendant Smith was entitled to summary judgment because Plaintiff failed to present evidence that Smith recklessly disregarded a substantial risk to his health. The alleged failures to provide wound care on isolated dates and to provide TED hose, together with the unsupported allegation that medications were not received, did not establish an Eighth Amendment violation in light of the extensive medical treatment documented in the record.
2. Defendant Smith was entitled to summary judgment because Plaintiff failed to establish that Smith's treatment of the cyst, the incision-and-drainage procedures, the subsequent bleeding, or the wound care was deliberately indifferent. The evidence showed extensive treatment and successful control of the bleeding, and Plaintiff's disagreement with Smith's decision not to return to the facility to repeat the procedure did not establish a constitutional violation.
3. Plaintiff's unsworn response and sur-reply could not, without supporting evidence, establish a genuine dispute of material fact or defeat summary judgment. A verified complaint based on personal knowledge may function as an affidavit, but unsworn allegations and conclusory assertions do not satisfy Rule 56.

Questions Presented

1. Whether Defendant Smith was entitled to summary judgment on Plaintiff's Eighth Amendment deliberate-indifference claim concerning treatment for cellulitis.
2. Whether Defendant Smith was entitled to summary judgment on Plaintiff's Eighth Amendment deliberate-indifference claim concerning the tailbone cyst, incision-and-drainage procedures, subsequent bleeding, and wound care.
3. Whether Plaintiff's unsworn responses and unsupported assertions created a genuine dispute of material fact sufficient to defeat summary judgment.

Disposition

dismissed