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Vincent v. Faile

United States District Court, D. South Carolina

November 15, 2017

Anthony Scott Vincent, #329042, Plaintiff,
v.
Barry Faile; Larry Deason [1]; and Debbie Horne, Defendants.

          REPORT AND RECOMMENDATION

          SHIVA V. HODGES, UNITED STATES MAGISTRATE JUDGE.

         Anthony 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].

         This 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.

         Pursuant 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 Defendants' motion.

         I. Factual Background

         Plaintiff 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.

         B. Plaintiff's Medical and Detention Records

         In his two-page response [ECF No. 30], Plaintiff does not dispute the medical and detention records described in Defendants' motion and repeated below.

         On June 3, 2016, Plaintiff stated he felt threatened by another inmate and was moved to a similar cell. [ECF No. 27-12 (Incident Report)].

         On June 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).

         Also on 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.

         On June 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.

         On June 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.

         On June 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.

         On June 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 watch. Id.

         Later 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.

         On June 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. Id.

         Later 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 ...


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