United States District Court, D. South Carolina
REPORT AND RECOMMENDATION
V. HODGES, UNITED STATES MAGISTRATE JUDGE.
Scott Vincent (“Plaintiff”), proceeding pro se
and in forma pauperis, filed this action pursuant to 42
U.S.C. § 1983, alleging his Eighth Amendment rights were
violated while he was in pretrial detention for 17 days at
the Lancaster County Detention Center (“LCDC”) in
the custody of the South Carolina Department of Corrections
(“SCDC”). He sues Barry Faile, Sheriff of
Lancaster County; Larry Deason, LCDC Captain of Corrections;
and Debbie Horne, LCDC Jail Administrator
(“Defendants”), claiming they failed to provide
medical care. [ECF No. 1].
matter comes before the court on Defendants' motion for
summary judgment [ECF No. 27]. Pursuant to Roseboro v.
Garrison, 528 F.2d 309 (4th Cir. 1975), the court
advised Plaintiff of the dismissal and summary judgment
procedures and the possible consequences if he failed to
respond adequately to Defendants' motion. [ECF No. 28].
The motion having been fully briefed [ECF Nos. 30, 31], it is
ripe for disposition.
to the provisions of 28 U.S.C. § 636(b)(1)(B), and Local
Civ. Rule 73.02(B)(2)(d) (D.S.C.), this matter has been
assigned to the undersigned for all pretrial proceedings.
Having carefully considered the record in this case, the
undersigned recommends the district judge grant
was detained at LCDC from June 3-20, 2016. [ECF No. 27-12 at
3-4 (Booking Card)]. He alleges that during his LCDC
detention, he suffered multiple seizure events and swallowed
razor blades and that he was not provided proper medical
attention. [ECF No. 1 at 6-10]. Plaintiff also claims he was
improperly placed in a restraint chair and in a rubber room.
Plaintiff's Medical and Detention Records
two-page response [ECF No. 30], Plaintiff does not dispute
the medical and detention records described in
Defendants' motion and repeated below.
3, 2016, Plaintiff stated he felt threatened by another
inmate and was moved to a similar cell. [ECF No. 27-12
5, 2016, Plaintiff reported to LCDC officers that he had
fallen in the shower. Plaintiff was examined by medical and
cleared to return to his cell. Id. at 30 (Incident
Report), 15 (Medical Note).
June 5, 2016, Plaintiff complained to LCDC officers that he
was having chest pains. Plaintiff was examined by a nurse and
cleared to return to his cell. Id. at 32 (Incident
Report). Plaintiff again complained of chest pains after
medical personnel had left for the day. Id. LCDC
officers recorded Plaintiff's vitals and reported the
information to medical personnel on-call. Id.
Medical advised that Plaintiff was stable and would be
checked when medical returned. Id. Plaintiff was
checked on every 15 minutes during rounds and monitored from
the front desk. Id.
6, 2016, Plaintiff called up to the monitor and was observed
to lie down on the floor after pressing the button.
Id. at 34. Plaintiff reported to the officers that
he had “blacked out.” Id. Even though
the LCDC officer's view on the cell monitor did not
support his complaint, Plaintiff was still taken to medical
for evaluation. Id. Medical cleared Plaintiff to
return to his cell. Id.
7, 2016, Plaintiff was charged with disorderly conduct after
lying to officers, threatening officers, and creating a
disturbance. Id. at 36. The charge was upheld after
a hearing. Id. at 38.
8, 2016, Plaintiff again reported that he had fallen in the
shower. Id. at 40. Plaintiff was evaluated by
medical, given an ice pack, and cleared to return to his
cell. Id. Later, after medical personnel had left
for the day, Plaintiff complained that he was shaking and
throwing up. Id. LCDC officers recorded
Plaintiff's vitals, contacted the on-call medical
personnel, who advised that Plaintiff did not need immediate
care, but should be transferred to the padded Special
Management Room (“SMR”) for his own protection
because he kept falling. Id. Plaintiff was then
transferred to the SMR. Id.
9, 2016, Plaintiff complained that his chest hurt and that he
needed something to eat or he would have a seizure.
Id. at 44. Medical personnel had left for the day,
but LCDC officers recorded Plaintiff's vitals and
contacted the on-call medical personnel. Id. Medical
advised that Plaintiff was fine and would be seen when they
returned. Id. Plaintiff was placed on a 15-minute
on June 9, 2016, Plaintiff was observed lying on the floor of
his cell shaking. See Horne Aff. ¶ 20. The
nurse examined Plaintiff and determined no treatment was
required. Id., ECF No. 27-12 at 15.
10, 2016, Plaintiff was observed having a possible seizure in
his room. ECF No. 27-12 at 46. Medical personnel were called
to the cell, and Plaintiff's vitals were checked.
Id. Plaintiff was escorted to medical for further
evaluation. Id. Medical could not find any acute
problems, and Plaintiff was cleared to return to his cell.
on June 10, 2016, after medical had left for the day,
Plaintiff complained that he was having a seizure and that
his throat was closing up. Id. at 50. Plaintiff was
escorted to the medical station where his vitals were checked
and on-call medical personnel were contacted. Id.
LCDC officers were ...