United States District Court, D. Maryland
Catherine C. Blake United States District Judge.
is a motion to dismiss, or in the alternative, motion for
summary judgment filed on behalf of defendants Wexford Health
Sources, Inc. (“Wexford”), Ruth Pinkney, P.A.,
and Nancy Bealer, R.N. ECF 14. Also pending is a motion to
dismiss, or in the alternative, motion for summary judgment
filed on behalf of defendant Eastern Correctional Institution
(“ECI”). ECF 16. Plaintiff Darrell Lattisaw has
responded. ECF 18. Upon review of papers and exhibits filed,
the court finds an oral hearing in this matter unnecessary.
See Local Rule 105.6 (D. Md. 2016). For the reasons
stated below, the dispositive motions, construed as motions
for summary judgment, will be granted.
13, 2015, Lattisaw, who is incarcerated at ECI, filed a
self-represented civil rights complaint against ECI, Wexford,
Pinkney, and Bealer, alleging that Pinkney tricked him into a
blood test based upon the promise that if he took the blood
test, the doctor would allow him to go to a hospital to see a
“foot doctor.” ECF No. 1, 3. Lattisaw alleges
that despite submitting to the blood test, he has not been
treated at a hospital. Id. He states that his feet
are crippled and that Pinkney “see[s] the pain and
defendants indicate that the plaintiff suffers from diabetes
for which he is regularly seen in the chronic care clinic by
physicians, physician assistants, and nurse practitioners.
ECF 14-5, ¶5. Lattisaw’s plan of care regarding
his diabetes includes a diabetic diet, insulin, and daily
finger-sticks to check his blood-glucose to determine whether
additional insulin is required to manage his condition.
plaintiff is noncompliant with his plan of treatment.
Id. Since July 1, 2012, he has refused finger-stick
tests and/or insulin on at least 274 occasions. Id.
He also refused to have his blood drawn for testing on at
least 18 occasions and has refused a diabetic diet.
Id. Medical staff have routinely advised him
regarding the risks inherent in his refusal to comply with
the recommended course of treatment. Id. Lattisaw
has repeatedly and regularly been educated as to how diabetes
can affect his health, including the health of his feet.
Id. Due to his diabetes, he is at risk for
neuropathy and poor circulation. Id. Diabetes also
places him at a greater risk for complications related to
common foot problems, such as callouses, blisters, and dry or
cracked heels. Id. These conditions can lead to
painful non-healing wounds, which can then lead to infection.
Id. He has been instructed that control of his
diabetes is necessary to maintain the health of his feet and
has been advised to seek medical evaluation for his foot
plaintiff was evaluated by Pinkney on December 29, 2014,
during a chronic care visit. ECF 14-4, 1-2; ECF 14-5, ¶
6. At that time, Lattisaw reported taking his prescribed
Metformin but refusing to take his prescribed Levemir because
he believed his blood sugars were too low when taking
Levemir. ECF 14-4, 1; ECF 14-5, ¶ 6. Pinkney noted that
the plaintiff “has been refusing insulin, getting
bloodwork done and uses his Metformin when he ‘feels
his blood sugars are high.’” ECF 14-4, 1; ECF
14-5 ¶ 6. Pinkney educated him on the importance of
bloodwork. Id. She examined his feet and noted the
skin on both heels was cracked. ECF 14-4, 2; ECF 14-5 ¶
6. No edema was observed. Id. Lattisaw agreed to
urinalysis but refused to have his blood drawn. Id.
Urinalysis showed high glucose levels. ECF 14-5 ¶ 6.
There is no notation in the record that he was told he would
be referred to a foot doctor or sent to a hospital. ECF 14-4,
1-2; ECF 14-5 ¶ 6.
following week, the plaintiff was evaluated by Charlotte
Townley, R.N. regarding his diabetes and was again educated
about the need for compliance with his treatment plan and
monitoring for his diabetes. ECF 14-4, 3; ECF 14-5, ¶ 7.
Lattisaw said he did not care, that his conduct was how he
managed his diabetes “on the streets.”
seen by Oriaku Ijoma, R.N.P. on March 23, 2015, for a chronic
care visit regarding his diabetes. ECF 14-4, 4-5; ECF 14-5,
¶ 8. It was noted that he was noncompliant with his
medication and diet. ECF 14-4, 4. He consented to have his
blood drawn that day. ECF 14-4, 4; ECF 14-5, ¶ 8. Ijoma
also noted that Lattisaw had lost 19 pounds since 2013, and
the plaintiff reported dry, cracked skin on his left heel.
Id. The heel appeared ashy and cracked, and he was
provided moisturizing lotion. Id.
was evaluated the following week by Ben Oteyza, M.D. ECF
14-4, 6-7; ECF 14-5, ¶ 9. It was again noted that he had
refused treatment for his diabetes in the past but appeared
more amenable to treatment. ECF 14-4, 6; ECF 14-5, ¶ 9.
His extremities appeared normal, and he was provided
moisturizing lotion and Vitamin A and D ointment. ECF 14-4,
7; ECF 14-5, ¶ 9.
Moyer, R.N. examined the plaintiff on April 4, 2015, due to
his complaint of calluses on his feet. ECF 14-4, 8-9; ECF
14-5, ¶ 10. Lattisaw reported he was to receive foot
soaks per Dr. Oteyza’s order, but Moyer noted no such
order in his chart. ECF 14-4, 8; ECF 14-5, ¶ 10. She
directed him to continue using the ointment on his feet as
necessary. ECF 14-4, 9; ECF 14-5, ¶ 10.
was seen by Pinkney on April 16, 2015, for a scheduled visit
related to his feet. ECF 14-4, 10-11; ECF 14-5, ¶ 11.
The plaintiff reported that he tried to shave the callus off
his right foot. ECF 14-4, 10; ECF 14-5, ¶ 11. Pinkney
also observed a callus on the plaintiff’s left foot.
Id. Lattisaw stated that he had been using boots
after throwing out his sneakers. Id. He was
diagnosed with an abrasion and a foot/toe infection.
Id. Lattisaw was provided Ibuprofen and Bactrim.
Id. He was advised to change his shoes to reduce
pressure on his right toe. ECF 14-4, 11; ECF 14-5, ¶ 11.
Pinkney also ordered x-rays of the plaintiff’s right
foot. Id. Lattisaw declined to have his feet shaved
during the visit. Id. The ...