United States District Court, D. Oregon
OPINION AND ORDER
F. BECKERMAN, UNITED STATES MAGISTRATE JUDGE
Donald Allen Gosney (“Gosney”), an incarcerated
person in the custody of the Oregon Department of Corrections
(“ODOC”), brings this case against Michael Gower
(“Gower”) (ODOC's Assistant Director of
Operations), Linda Ann Gruenwald (a nurse practitioner
employed by ODOC), and other ODOC medical personnel
(collectively, “Defendants”). (ECF No. 151.)
Gosney alleges that Defendants violated his rights to
adequate medical care and reasonable accommodations, as
guaranteed by the Eighth and Fourteenth Amendments (claims
one through three), and the Americans with Disabilities Act
(“ADA”), 42 U.S.C. § 12101, et seq.
(claims four and five). (Sec. Am. Compl. (“SAC”)
1, 2018, the Court granted Defendants' motion for partial
summary judgment on Gosney's first three claims (for
inadequate medical care). (ECF No. 156.) Defendants now move
for summary judgment on Gosney's remaining (ADA) claims.
(ECF No. 179.) The Court has jurisdiction over this case
under 28 U.S.C. § 1331, and all parties have consented
the jurisdiction of a U.S. Magistrate Judge under 28 U.S.C.
§ 636(c). For the following reasons, the Court grants
Defendants' motion for summary judgment.
February 22, 2013, and again two weeks later, Gosney attended
“sick-call” at Two Rivers Correctional
Institution. He reported to ODOC medical staff that he was
experiencing pain and decreased mobility in his left hip,
stemming from a childhood infection. (SAC ¶¶ 4, 17,
19.) Over a year later, on May 6, 2014, Gosney attended
sick-call again to report hip pain. (SAC ¶ 21.)
received an x-ray that week. (SAC ¶ 22.) Defendant
Gruenwald evaluated Gosney on May 22, 2014. (Declaration of
Christopher DiGiulio, Dec. 8, 2017 (“DiGiulio
Decl.”) ¶ 11.) She prescribed a low bunk/tier/no
stairs restriction for one year and pain medication.
27, 2014, Defendant Gruenwald recommended, and ODOC's
Therapeutic Level of Care Committee (“TLOC”)
approved, magnetic resonance imaging (an “MRI”).
(DiGiulio Decl. ¶ 12.) The test was completed two weeks
later. (SAC ¶¶ 22-26; DiGiulio Decl. ¶ 13.)
The MRI findings were compatible with degenerative disease.
(DiGiulio Decl. ¶ 13.)
Gruenwald evaluated Gosney again on June 27, 2014.
(Id. ¶ 14.) She noted his gait, his range of
motion, and his reported physical activity, and she changed
his prescription pain medication based on Gosney's report
of continued pain. (Id.)
a half months later, on September 13, 2014, Gosney complained
that his medication was not sufficiently managing his pain.
(Id. ¶ 15.) Defendant Gruenwald responded two
days later (on a Monday), prescribing a different medication
for pain and inflammation relief. (Id.)
October 3, 2014, a nurse called Gosney in to check on his
condition. (SAC ¶ 30; DiGiulio Decl. ¶ 16.) Gosney
reported decreased mobility and increasing difficulty with
daily activities, and discussed the possibility of a change
in work assignment. (SAC ¶ 30; DiGiulio Decl. ¶
16.) Early the next week, Defendant Gruenwald presented
Gosney's case to the TLOC, and the TLOC approved an
orthopedic consultation. (DiGiulio Decl. ¶ 17.)
met with Dr. Richard Carpenter, an orthopedic specialist, on
October 27, 2014. (SAC ¶ 34; DiGiulio Decl. ¶ 18.)
Defendant Gruenwald asked Dr. Carpenter to evaluate
Gosney's hip and provide a treatment recommendation and a
timeframe on how long “he can go for needing hip
replacement.” (DiGiulio Decl. ¶ 18.) In his
report, Dr. Carpenter wrote, “[Gosney] suffered a
hematogenous spread of a systemic infection at three years of
age and now has rather significant degenerative arthritis of
the left hip. Presently, he is [in great] pain and would
like a left total hip arthroplasty.” (DiGiulio Decl.,
Att. 1 at 39.) He explained that Gosney faced a slightly
increased chance of infection with surgery, but Dr. Carpenter
believed that he could perform the hip replacement safely.
(Id.) Gosney recalls Dr. Carpenter “explaining
the need for total hip replacement as soon [as]
possible” during their appointment. (SAC ¶ 34.)
However, Dr. Carpenter did not provide a timeframe in his
report, stating only that “[t]his should be presented
to the treatment committee, and we will be happy to perform a
trabecular metal ingrowth prosthesis on both the acetabular
and femoral side.” (DiGiulio Decl., Att. 1 at 39.)
medical record shows a notation on October 27, 2014, stating
“pt returned from outside appt pink sheet returned
given to provider for review.” (DiGiulio Decl., Att. 1
at 15.) The following day, Defendant Gruenwald noted,
“Will present to TLOC.” (Id.)
following week, Gosney complained of numbness in his leg.
(SAC ¶ 39; DiGiulio Decl. ¶ 18.) He was provided
ice, heat, ibuprofen, and relief from work duties. (SAC
¶ 40; DiGiulio Decl. ¶ 21-22.)
November 18, 2014, Defendant Gruenwald presented Gosney's
case to the TLOC and requested a prescription for pain
medication. She did not request ...