United States District Court, D. Oregon
OPINION AND ORDER
Aiken, United States District Judge.
Dante Taplin, an inmate formerly in the custody of Multnomah
County and appearing pro se, brings suit under 42 U.S.C.
§ 1983 against defendants Multnomah County Health
Department (MCHD), Dr. Ole Ersson, and the Multnomah County
Sheriffs Office. Taplin alleges that defendants violated his
Fourteenth Amendment rights by refusing to provide adequate
medical treatment for his chronic ankle condition. Taplin
seeks compensatory damages and injunctive relief requiring
defendants to provide ankle surgery.
now move for summary judgment on all claims under Federal
Rule of Civil Procedure 56. For the reasons set forth below,
defendants' motion is granted.
2014, Taplin was housed at the Multnomah County Inverness
Jail (MCIJ) while in the custody of the U.S. Marshal and
awaiting federal charges. First Seale Decl. at 3 (ECF No.
57). On May 8, 2014, Taplin sustained a right ankle injury
playing basketball. According to his medical records and
self-reports, Taplin has had a history of ankle injuries and
resulting instability for several years. Id. at 3, 5
& Ex. 1 at 1-7, 17, 24.
Taplin's injury on May 8, 2014, MCHD staff ordered an
x-ray which showed evidence of chronic injuries and an
avulsion fracture, with symptoms and treatment similar to
those associated with an ankle sprain. Id. at 4
& Ex. 1 at 8-10.
9, 2014, Dr. Ersson wrote to Taplin and stated, "Your
foot xray is normal. Your ankle xray showed a small avulsion
fracture on the inside of the ankle. This is like a bad
sprain as no large bones are broken. Avoid weight bearing for
a few days. I am scheduling an appointment to discuss
this." Id. at 4 & Ex. 1 at 12; Ersson Decl.
at 2. Dr. Ersson ordered Taplin to be placed on a lower bunk
in a lower tier, extra blankets for elevation, and a
wheelchair for several days to be followed by crutches. First
Seale Decl. at 4 & Ex. 1 at 11, Ersson Decl. at 2.
13, 2014, Taplin had additional x-rays of his ankle, which
showed findings similar to those observed on May 8, 2014.
First Seale Decl. at 4 & Ex. 1 at 15.
14, 2014, Physician Assistant (PA) Brook Holter examined
Taplin. Seale Decl. at 5; Holter Decl. at 2. Holter ordered a
CT scan, copies of Taplin's prior x-rays for comparison,
and a cane for Taplin to use. Holter Decl. at 2. Holter
sought the CT scan to further evaluate Taplin's ankle and
assess the possibility of a talar bone collapse. Id.
Holter also ordered a cane for Taplin's use and a
follow-up appointment. Id; First Seale Decl. at 5
& Ex. 1 at 14.
27, 2014, Taplin had another x-ray of his ankle. The next
day, Taplin was transported to Portland Adventist hospital
for the CT scan. First Seale Decl. at 5. The reviewing
physician found the May 27 x-rays consistent with
Taplin's x-rays from May 8 and 13. Id. & Ex.
1 at 18-19. The reviewing physician at Portland Adventist
found the CT scan compatible with "old" injuries
and mild degeneration and not suggestive of avascular
necrosis or collapse of the talar bone. Id. at 6
& Ex. 1 at 20.
28, 2017, Holter reviewed Taplin's most recent x-rays and
also found them consistent with his previous x-rays. Holter
Decl. at 2.
4, 2017, Holter reviewed Taplin's CT scan. Holter noted
that the scan indicated a possible osteochondral lesion in
the tibia, and not the talus, "which would not cause a
talar bone collapse." Id. Although such an
injury "can heal on its own, " Holter recommended
referral to an orthopedic specialist. Id. Dr. Ersson
ordered the referral, pending approval by the U.S. Marshals
Service. First Seale Decl. at 6 & Ex. 1 at 14.
17, 2014, Taplin was seen by Dr. Ersson, who prescribed a
walking boot and a cane. Id. at 6 & Ex. 1 at 22.
Taplin complained about the efficacy of his pain medication,
and Dr. Ersson prescribed Flexeril, a muscle relaxant. Ersson
Decl. at 3.
30, 2014, the U.S. Marshals Service approved Taplin's
referral to an outside specialist for evaluation. First ...