United States District Court, D. Oregon
FINDINGS AND RECOMMENDATION
COFFIN, MAGISTRATE JUDGE.
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.
March 15, 2015, plaintiff was arrested and booked into the
Umatilla County Jail (UCJ). Hearn Decl. Ex. 1 at 1 (ECF No.
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.
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.
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.
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.
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.
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.
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.
1, 2015, plaintiff was released from UCJ. Hearn Decl. Ex. 1
and August 2015 and January 2016, plaintiff was again booked
into the UCJ. He complained of tooth discomfort during these
periods of ...