United States District Court, W.D. Kentucky, Louisville
Jesse L. MARTIN PLAINTIFF
Dr. Kevin SMITH, et al. DEFENDANTS
Charles R. Simpson III, Senior Judge
case is before the Court on the Defendants' motion for
summary judgment. DN 56. Plaintiff responded (DN 63) and
Defendants replied (DN 68). Therefore, this matter is ripe
for review. Finding that Plaintiff's claims fail on the
merits, the Court will grant the motion for summary judgment
on all claims remaining in the complaint.
Factual Background and Procedural History
times relevant to this lawsuit, Plaintiff Jesse L. Martin was
a pretrial detainee at the Louisville Metro Department of
Corrections (“LMDC”) in Jefferson County,
Kentucky. He claims that he was not provided proper medical
treatment by Defendants-Dr. Kevin Smith and Nurse Brenda
Junk-during his detention, giving rise to his
claims of negligence and a Fourteenth Amendment violation.
Specifically, he claims Smith had scheduled an x-ray that was
not conducted, that he was subjected to a colonoscopy when he
was supposed to receive an esophagogastroduodenoscopy
(“EGD”), that he was treated by nurse
practitioners instead of doctors, that there was a delay in
responses to his health service requests, and that employees
were not properly trained.
response, Defendants have produced Martin's medical
records. See DN 54 (sealed). The Defendants
summarize the pertinent medical entries chronologically. DN
56 at 3-6. Martin does not object to the accuracy of this
recitation or the records themselves. Having reviewed
Martin's entire medical record, the Court adopts the
Defendants' recitation (with minor edits for clarity) as
representing the undisputed history of Martin's medical
treatment while at LMDC:
Jan. 13, 2017: Martin submitted a Healthcare Request form
indicating “acute abdomen pain is not getting any
better. In alot [sic] of pain.” The triage nurse noted
that Martin was scheduled to see the doctor on January 24,
2017. DN 54 at 10.
Jan. 19, 2017: Nursing evaluated Martin due to complaints of
acute abdominal pain made on January 13, 2017. The nurse
noted that Martin was scheduled for an appointment with the
doctor on January 24, 2017, but that she would follow-up with
the doctor on call regarding Martin's condition.
Id. at 11.
Jan. 24, 2017: Martin is evaluated by Dr. Smith with
complaints of groin pain and pain with urination. Dr. Smith
noted that Martin made “no mention of rectal
bleeding” and was not in distress. Dr. Smith took
vitals, ordered lab work and advised Martin to follow-up in
two weeks. Dr. Smith also advised Martin that he would obtain
Martin's records from his recent ER visit to the
University of Louisville (“Uof L”) hospital.
Martin's weight was documented at 160 lbs. Id.
February 28, 2017: Martin is re-evaluated by Dr. Smith, who
noted that Martin reported a 5-6 month history of nausea and
vomiting and occasional rectal pain. Dr. Smith noted that he
received Martin's Uof L records and that they revealed
“no significant abnormal findings.” Dr. Smith
noted Martin was in no distress, but looked pale. A urine
sample was normal. Dr. Smith noted that, in spite of the
purported vomiting, Martin's weight had been stable at
160 lbs. for one month. Dr. Smith ordered Zofran (a drug used
to prevent nausea and vomiting) and testing including a
complete blood count, comprehensive metabolic panel, and an
x-ray of his kidneys, ureters, and bladder. He advised Martin
to return in two weeks for a genitourinary/rectal
examination. Id. at 13-14.
March 10, 2017: Martin submitted a Healthcare Request form
indicating that his medications were not working and that he
still has acute abdominal pain. The triage nurse placed a
call to the provider for new orders and referred him to the
physician. Id. at 15.
March 11, 2017: Martin is evaluated by the gastroenterology
clinic. He is noted to be constipated, with a soft, distended
abdomen. He is noted not to have gastroesophageal reflux
disease, but instead, an inguinal hernia. Martin was
prescribed Bisacodyl for constipation and referred to the
provider. Id. at 16-25.
March 14, 2017: Martin was again evaluated by Dr. Smith for
GU/rectal exam and to discuss lab work, which was normal.
Martin indicated his nausea and vomiting was resolving and
Dr. Smith noted that his weight was stable (even increasing)
at 163 lbs. Dr. Smith ordered iron, ferritin (iron testing),
repeat lab work, repeat rectal exam and consider colonoscopy.
Martin was scheduled for follow-up in four weeks.
Id. at 25-26.
April 11, 2017: Martin refused to attend his follow-up
appointment with Dr. Smith. Id. at 27-28.
April 20, 2017: Martin submitted a Healthcare Request form to
medical with complaints of acute abdominal pain. The triage
nurse noted that Martin missed two separate doctor's
appointments, but would schedule an appointment for a third
time. Id. at 29-30.
May 30, 2017: Martin is evaluated by RN Marvanna Juberg who
noted that Martin had abdominal pain and difficulty keeping
food down. The RN referred Martin to the medical provider.
Id. at 31-32.
June 27, 2017: Martin is evaluated by APRN Pamela Taylor with
complaints of abdominal pain and difficulty keeping
food/liquids down. APRN Taylor referred Martin to a
gastrointestinal (“GI”) specialist. Id.
July 4, 2017, July 13, 2017: Martin submitted Healthcare
Request forms indicating his continued complaints of
difficulty keeping food down and occasional pain. The triage
nurse informed Martin that he had a scheduled GI appointment
coming up (she could not tell him when due to safety
concerns); Martin did not want to be seen regarding his
complaints. Id. at 35-37.
July 28, 2017: Martin submitted a Healthcare Request form
regarding rash on his shoulders and chest. The triage nurse
evaluated Martin and diagnosed him as having hives. Martin
was prescribed hydroxyzine. Id. at 38-40. Martin
refused to take the ...