United States District Court, D. Maryland
RICHARD D. BENNETT UNITED STATES DISTRICT JUDGE.
se Plaintiff Randy Golden filed the above-captioned civil
rights action alleging he was denied adequate medical care.
ECF No. 1. Defendants filed a Motion to Dismiss or, in the
Alternative, for Summary Judgment. ECF No. 12. Plaintiff
filed an opposition (ECF No. 17) to which Defendants replied
(ECF No. 19). The matter is now ripe for review. The Court
finds a hearing in these matters unnecessary. See
Local Rule 105.6. For the reasons that follow, despite
liberally construing Plaintiffs submissions, Erickson v.
Pardus, 551 U.S. 89, 94 (2007), Defendants'
dispositive Motion, construed as a Motion for Summary
Judgment, is GRANTED.
Randy Golden, a state inmate, currently confined at the North
Branch Correctional Institution (NBCI), alleges in his
verified complaint that he received constitutionally
inadequate medical care while incarcerated at Western
Correctional Institution (WCI). ECF No. 1. In support of
their motion, Mahboob Ashraf, M.D., Krista Self (f/n/a
Bilak), N.P., Kristi Cortez, R.N., and Holly Pierce, N.P.
submitted various exhibits, including the affidavit of
Asresahegn Getachew, M.D. Medical Director at WCI, (ECF No.
12-5) and relevant portions of Golden's medical records.
ECF No. 12-4. The material facts are not in dispute.
December 16, 2016, Golden was stabbed in the back of the
neck, left chest, and both arms while an inmate at WCI. ECF
No. 12-5, ¶ 5; ECF No. 12-4 at p. 2. He was taken to the
Western Maryland Health Systems Emergency Room for treatment,
which included the suturing and stapling of his wounds. ECF
No. 12-5, ¶ 5; ECF No. 12-4 at p. 2. Golden also
received a tetanus shot and cephalosporin IV. ECF No. 12-5,
¶ 5; ECF No. 12-4 at p. 2. He returned to WCI the same
day and was admitted to the infirmary for observation. ECF
No. 12-5, ¶ 5; ECF No. 12-4 at p. 3. It was noted that
the emergency room records showed that Golden's urine
tested high for opioids but he had not been prescribed
opioids prior to his admission. ECF No. 12-4 at p. 3. While
in the infirmary he was prescribed Tylenol with Codeine until
December 22, 2016, and also had prescriptions for muscle rub
and Baclofen. Id.
discharged from the infirmary back to his housing unit on
December 17, 2016. ECF No. 12-4 at p. 5. The nursing notes
indicate that the "Infirmary Discharge Notification
email [was] sent to appropriate supervisory staff."
Id. Although Golden had an active prescription for
Tylenol with Codeine, the nursing notes indicated that he
would be discharged with Tylenol 325 mg. 2 tablets every 6
hours for discomfort. ECF No. 12-4 at p. 7. Golden was
directed to follow up with the physician on December 22,
unknown reasons, over the next 5 days Golden was not provided
with the Tylenol-Codeine medication. ECF No. 12-5 at ¶
7. Golden states that on December 17, 2016, he told Nurse
Cortez that he was in pain and asked why he had not received
his prescribed Tylenol with Codeine. ECF No. 1 at p. 3. He
alleges that Cortez advised him that the prescription was
only for the previous night and that he would continue to
feel pain for a few days but it would go away. Id.
Before leaving the infirmary and returning to NBCL Golden saw
Nurse Pierce. He inquired about his pain medication but she
told him that he did not need any and that Nurse Bilak would
take care of him. Id.
was seen in the medical department at NBCI on December 18,
2016. His wounds were examined, and bacitracin and a band aid
applied to his left upper arm. ECF No. 12-4 at p. 8. Golden
alleges that during this appointment he told Nurse Evan, a
medical provider not a party to these proceedings, that he
was in pain. Golden alleges that she expressed shock that he
was not receiving pain medication and indicated that she
would speak with Bilak. ECF No. 1 at p. 3. No. notes were
made in Golden's medical record that he complained of
pain during this appointment. Further, the record reflects
that he had active prescriptions for the Tylenol-Codeine,
muscle rub, and Baclofen at the time of the appointment. ECF
No. 12-4 at p. 8.
submitted a sick call slip on December 21, 2016, complaining
of severe pain in both arms, chest, both sides of his neck,
left hand and head. ECF No. 12-4 at p. 10. He also indicated
he was told he was going to receive antibiotics but had not
received them. Id. He was seen the following day by
Krista Bilak, RNP. ECF No. 12-4 at p. 11. His sutures and
staples were removed, the incisions cleaned and treated with
antibiotic ointment. Id. Golden complained of pain.
Due to his having tested positive for opiates in the
emergency room, he was provided with Naproxen for pain
relief. Id. He also had a valid prescription for
muscle rub. Id. at p. 12.
submitted another sick call slip on December 28, 2016,
stating that he was trying to get his medication renewed for
his foot. ECF No. 12-4 at p. 13. He also complained of severe
pain and reported that the Naproxen was not working for his
stab wounds. Id. He was evaluated on December 30,
2018. Despite being ambulatory, he reported that he could not
plant his foot on the floor due to pain. Id. at p.
14. No. swelling or tenderness was observed, however bruising
on the inner heel was seen. Id. He was referred to
the provider for further treatment, directed to apply ice and
heat, and to immobilize the injury. Id.
filed another sick call request on January 13, 2017, again
complaining of pain in his neck, arms, chest, and the back of
his head. ECF No. 12-4 at p. 15. Golden was examined by Bilak
on January 18, 2017. Id. at p. 16. He reported
numbness at the site of the stab wound in his right upper
arm. Id. Bilak noted that the laceration had healed
and Golden had equally strong grips. She noted that the
"[p]ain [was] not consistent with nature of
stabbing." Id. Golden reports that Bilak told
him that she would not give him narcotics and "if he was
uptown he wouldn't even went to hospital [sic]." ECF
No. 1 at p. 3. He was directed to continue taking his
prescribed Naproxen and to increase his activity level. ECF
No. 12-4 at p. 15.
Golden's wounds having healed, on February 11, 2017, he
filed another sick call slip again complaining of pain. ECF
No. 12-4 at p. 18. He indicated that when he laid down he had
pain in the back of his head. Id. On February 14,
2017, Baker examined Golden. She noted that Golden previously
advised the provider that Naproxen did not work but the
provider found no indication for other pain medication. ECF
No. 12-4 at pp. 18-19. Baker provided Golden with Motrin and
compresses and directed him to follow-up if necessary.
Id. Golden's prescription for Naproxen expired
on January 23, 2017. ECF No. 12-4 at p. 21.
filed a sick call slip on March 17, 2017, complaining of pain
at his wound sites. ECF No. 12-4 at p. 21. He was seen that
day by Baker who observed Golden walking with a steady gait
and getting on and off the exam table without difficulty.
Id. at p. 22. He reported pain in his head, arms,
and neck as 9 out of 10. Id. His prescription for
Naproxen was renewed. Id.
next sick call slip was filed on April 4, 2017. ECF No. 12-4
at p. 24. At that time, he complained of pain in his right
ankle, explaining that sometimes his ankle would go numb and
he had no feeling. Id. He was seen by Bilak on April
9, 2017. Id. at p. 25. She noted that Golden walked
without a limp and observed no swelling or bruising. Bilak
also noted that Golden had a history of opiate abuse and that
Neurontin and Tramadol were not indicated. Id. Dr.
Getachew avers that given Golden's "history of
opioid abuse, careful consideration should be given before
prescribing any narcotic opioids or other drug susceptible to
abuse such as ...