United States District Court, S.D. Georgia, Brunswick Division
ORDER AND MAGISTRATE JUDGE'S REPORT AND
STAN BAKER, UNITED STATES MAGISTRATE JUDGE
who is currently housed at Georgia State Prison in
Reidsville, Georgia, filed a 42 U.S.C. § 1983 action,
contesting certain conditions of his confinement while he was
housed at the Glynn County Detention Center in Brunswick,
Georgia. (Doc. 1.) On October 3, 2017, Defendant Gunderson
(“Gunderson”) filed a Motion for Summary
Judgment. (Doc. 60.) The Clerk of Court mailed a Notice to
Plaintiff advising him that Defendant Gunderson filed a
Motion for Summary Judgment and that a response must be filed
by October 24, 2017. (Doc. 61.) That Notice further advised
1. If you do not timely respond to this motion . . ., the
consequence may be that the Court will deem the motion
unopposed, and the Court may enter judgment against you.
2. If your opponent's Statement of Material Facts sets
forth facts supported by evidence, the Court may assume that
you admit all such facts unless you oppose those facts with
your own Statement of Material Facts which also sets forth
facts supported by evidence.
3. If a summary judgment motion is properly supported, you
may not rest on the allegations in your [Complaint] alone.
(Id.) This Notice was returned to the Clerk of Court
as undeliverable to Plaintiff at Baldwin State Prison. (Doc.
62.) The Clerk of Court re-mailed this Notice to Plaintiff at
Georgia State Prison on October 5, 2017.
filed no Response to Gunderson's Motion for Summary
Judgment, and the Court received no indication this
Notice or Gunderson's Motion was undeliverable. However,
“the district court cannot base the entry of summary
judgment on the mere fact that the motion [is] unopposed but,
rather, must consider the merits of the motion.”
United States v. One Piece of Real Property Located at
5800 SW 74th Ave., Miami, Fla., 363 F.3d 1099, 1101
(11th Cir. 2004) (citation omitted). Specifically, the court
“must still review the movant's citations to the
record to determine if there is, indeed, no genuine issue of
material fact.” Mann v. Taser Int'l, Inc.,
588 F.3d 1291, 1303 (11th Cir. 2009) (citation omitted).
on the reasons which follow, I RECOMMEND the
Court GRANT Gunderson's unopposed
Motion, DISMISS Plaintiff's claims
against Defendant Gunderson, and DENY
Plaintiff in forma pauperis status on appeal.
submitted this Complaint regarding the conditions of his
confinement while he was housed at the Glynn County Detention
Center during February and March of 2016. (Doc. 1-3, pp.
5-6.) Plaintiff alleges that, on February 11, 2016, at 9:45
a.m., while in the Detention Center's medical unit, he
fell in his own urine due to his having a fractured left
elbow and a broken left hip socket. (Id. at p. 6.)
Plaintiff cried out for help. However, Defendants Taiwana
Hall, a medical assistant; Gunderson, the doctor at the
Detention Center; Donnice Juran, a corrections officer; and
Tammy Brooks, a nurse, refused to help him for an hour and
ten minutes. During that time, Defendants saw Plaintiff lying
on the ground and ordered him to stand. (Id.)
Eventually, medical staff moved Plaintiff to a bed, and
Gunderson examined his injuries. Then, emergency medical
technicians (“EMTs”) transferred Plaintiff to
Southeast Georgia Health System. (Id.)
Plaintiff's injuries were too severe to be treated at
Southeast Georgia Health System, and he was transferred to
Memorial Hospital in Savannah, Georgia. Plaintiff had hip
surgery at Memorial Hospital, and he remained at that
hospital until February 15, 2016, when he was returned to the
Glynn County Detention Center.
further alleges that, on March 2, 2016, at 6:45 p.m., he told
Officer Terrell that he was in severe pain. (Id.) On
that date, Plaintiff attempted to get his drink off of the
table. He slipped and hurt his hip, back, neck, and left
elbow. (Id.) A medical emergency was called, and
Lieutenant Wooten, Sergeant Rozier, Officer Terrell, and
Nurse Johnson saw Plaintiff lying on the floor. (Id.
at pp. 4-5.) Nurse Johnson examined Plaintiff and then called
EMTs for Plaintiff. (Id. at p. 5.) The EMTs again
transported Plaintiff to Southeast Georgia Health System.
Physicians and nurses examined Plaintiff at the hospital and
discharged him with a left arm sling and prescription pain
medication. (Id.) Plaintiff was then taken back to
the Detention Center.
days later, on March 4, 2016, Plaintiff went to his
preliminary hearing. (Id.) Before Plaintiff left for
the hearing, Defendant Hall, Ms. Franks, Major Heath, and
Sergeant Neaves claimed that Gunderson said that Plaintiff
did not need an arm sling. (Id.) Then, according to
Plaintiff, Defendant Hall, Ms. Franks, Major Heath, and
Sergeant Neaves used physical force to remove the arm sling
from Plaintiff's arm. These actions caused Plaintiff more
physical pain. (Id.)
conducted a frivolity review of Plaintiff's Complaint and
directed service of Plaintiff's Complaint upon Defendants
based on Plaintiff's allegations that Defendants were
deliberately indifferent to Plaintiff's medical needs.
(Doc. 16, pp. 7-9, 10.) I recommended the Court dismiss
Plaintiff's claims against Neal Jump and Judy Lowe and
his monetary damages claims against Defendants in their
official capacities. (Doc. 15, pp. 5-7.) The Court adopted
this recommendation and dismissed Plaintiff's claims
against Jump and Lowe, as well as his monetary damages claims
against Defendants in their official capacities. (Doc. 17.)
has now moved for summary judgment.