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Banks v. Umatilla County Jail

United States District Court, D. Oregon

March 26, 2018

SHAWN HOWARD BANKS, Plaintiff,
v.
UMATILLA COUNTY JAIL; STEWART HARP, Jail Commander, SGT HEARN Deputy, OFFICER HOWLAND C/O, M. DAVIS, Nurse Practitioner, SUSAN GORBETT, Med Nurse, GLORIA, Med Nurse, ROBERT PRATT, Dentist, Defendants.

          FINDINGS AND RECOMMENDATION

          COFFIN, MAGISTRATE JUDGE.

         Plaintiff filed suit against Umatilla County Jail personnel pursuant to 42 U.S.C. § 1983, alleging deliberate indifference to his serious medical needs. With the exception of Robert Pratt, all defendants move for summary judgment under Federal Rule of Civil Procedure 56. For the reasons set forth below, defendants' motion should be granted and plaintiffs claims should be dismissed.

         BACKGROUND

         On March 15, 2015, plaintiff was arrested and booked into the Umatilla County Jail (UCJ). Hearn Decl. Ex. 1 at 1 (ECF No. 63).

         On March 18, 2015, plaintiff was seen by Gloria Daum, a nurse and Health Services Administrator at UCJ. Compl. Ex. 1 (ECF No. 29); Daum Decl. at 2 (ECF No. 66). Plaintiff complained of dental pain that began on March 14, and Nurse Daum noted evidence of tooth decay and missing filings. Am. Compl. Ex. 1. Based on specified criteria, Nurse Daum found that plaintiffs condition was not emergent or urgent and prescribed "routine" interventions and follow up care. Id. Ex. 2.

         On April 10, 2015, plaintiff filed a grievance stating that he broke a tooth while biting down on a piece of metal in his meal. Am. Compl. at 2 & Ex. 3. Lt. Hearn responded and informed plaintiff that he had instructed "medical" to examine plaintiffs tooth and place plaintiff on the dental appointment list. Hearn Decl. Ex. 2. Plaintiff also received regular pain relief medication during April and May 2015. Daum Decl. at 2 & Ex. 2.

         On April 24, 2015, plaintiff completed a patient healthcare questionnaire in preparation for his appointment with the UCJ contract dentist, Dr. Robert Pratt. Hearn Decl. Ex. 3 at 2.

         On April 28, plaintiff was convicted of possession of methamphetamine. He served the remainder of his sentence at UCJ. Hearn Decl. Ex. 1 at 1-2.

         On April 29, 2015, Nurse Daum completed a health assessment of plaintiff. Daum Decl. at 2 & Ex. 1. Plaintiff reported having past issues with his teeth, including the implantation of false teeth. Id.

         On May 13, 2015, plaintiff requested salt water rinses for his teeth until he was able to see the dentist. Id. Ex. 3. Plaintiffs request was accommodated. Id.; Am. Compl. Ex. 21.

         On May 29, 2015, plaintiff was examined by Dr. Pratt. Hearn Decl. Ex. 3 at 3. Dr. Pratt diagnosed "gross decay" in one tooth and reportedly extracted the tooth with no complications. Id. After returning to the UCJ, plaintiff was placed on a "dental soft diet" and prescribed ibuprofen. Am. Compl. Exs. 12, 21.

         On June 1, 2015, plaintiff was released from UCJ. Hearn Decl. Ex. 1 at 1.

         In July and August 2015 and January 2016, plaintiff was again booked into the UCJ. He complained of tooth discomfort during these periods of ...


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