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Martin v. McFadden

United States District Court, D. South Carolina

June 17, 2016

Brandon Lee Martin, Plaintiff,
v.
Warden Joseph McFadden, Lieber CI; Dr. Thomas Byrnes, Lieber CI; Elizabeth Holcomb, N/P; Luanne Mauney, R/N; Kirsten Wathens, R/N; Kirkland Specialty Clinics, supervisors/operators; Sgt. Christopher Smith, Perry CI; Lt. Cashwell, Perry CI; Dr. McCrey, Defendants.

          Brandon Lee Martin, Plaintiff, Pro Se.

          Warden Joseph McFadden, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Dr Thomas Byrnes, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Elizabeth Holcomb, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Luanne Mauney, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Kirsten Wathens, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Kirkland Specialty Clinics, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Sgt Christopher Smith, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Lt Cashwell, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          Dr McCrey, Defendant, represented by EB Davis Inabnit, Jr., Richardson Plowden and Robinson & Lydia L. Magee, Richardson Plowden and Robinson.

          REPORT AND RECOMMENDATION

          PAIGE J. GOSSETT, Magistrate Judge.

         Plaintiff Brandon Lee Martin, a self-represented state prisoner, filed this action against the named defendants pursuant to 42 U.S.C. § 1983. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.) for a Report and Recommendation on the defendants' motion for summary judgment. (ECF No. 77.) Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Martin of the summary judgment and dismissal procedures and the possible consequences if he failed to respond adequately to the defendants' motion. (ECF No. 79.) Martin filed a response in opposition to the defendants' motion.[1] (ECF No. 87.) Having reviewed the parties' submissions and the applicable law, the court finds that the defendants' motion should be granted.

         BACKGROUND

         The following facts are taken in the light most favorable to Martin, to the extent they find support in the record. Martin's Complaint asserts claims pursuant to 42 U.S.C. § 1983 alleging excessive force stemming from an incident that occurred on April 10, 2013 at Perry Correctional Institution during which Martin was forcibly extracted from his cell by a team of corrections officers. During this forced cell extraction, Martin alleges he was sprayed with chemical munitions and that he suffered a "Class III ligament separation to the AC joint in his left shoulder." (3d Am. Compl., ECF No. 66-1 at 6.) Martin alleges that, following this incident, he was promptly seen by the medical staff, received pain medication, received x-rays, and was seen by an orthopaedist. (Id.) Martin alleges he continued to receive medical care until he was transferred to Lieber Correctional Institution, at which time he alleges the medical staff at Lieber was deliberately indifferent to his ...


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