United States District Court, D. New Jersey
September 19, 2005.
Grady et al.
The opinion of the court was delivered by: WILLIAM MARTINI, District Judge
This matter comes before the Court on Defendant Grady's
unopposed motion for summary judgment. There was no oral
argument. Fed.R.Civ.P. 78. For the reasons set forth below,
Grady's motion is GRANTED and, accordingly, the Complaint
against him is DISMISSED WITH PREJUDICE.
I. Factual Background
Because a full recapitulation of the allegations in the
Complaint is not necessary to resolution of this motion, the
Court will not do so here. For present purposes, it suffices to
point out that the Complaint alleges Grady served as the medical
director at Bergen County Jail during all relevant time periods.
It further alleges that Plaintiff suffers from debilitating
headaches but has not received proper medical treatment since his
admission to Bergen County Jail. Plaintiff attributes this
alleged neglect in part to Grady's failure properly to train and
supervise his medical staff. Plaintiff has filed this complaint
under 42 U.S.C. § 1983 and has requested injunctive relief as
well as damages in the amount of $35 million.
II. Standard of Review
Summary judgment is appropriate if there is no genuine issue as
to any material fact and the moving party is entitled to a
judgment as a matter of law. See Fed.R.Civ.P. 56. Rule 56(e)
requires that when a motion for summary judgment is made, the
nonmoving party must set forth specific facts showing that there
is a genuine issue for trial. See id.; see Anderson v.
Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). The mere
existence of some alleged factual dispute between the parties
will not defeat an otherwise properly supported motion for
summary judgment. Only disputes over facts that might affect the
outcome of the lawsuit under governing law will preclude the
entry of summary judgment. See Anderson, 477 U.S. at 247-48.
If the evidence is such that a reasonable fact-finder could find
in favor of the nonmoving party, summary judgment should not be
granted. See id.; see also Matsushita Elec. Indus. Co. v.
Zenith Radio Corp., 475 U.S. 574, 587 (1986).
III. Defendant Grady's Motion for Summary Judgment is Granted
Grady submits in his moving papers that, although he once
served as the medical director at Bergen County Jail, he left
that position on July 1, 2004, some six months before the alleged
mistreatment took place. He therefore argues that (1) he played
no role in treating Plaintiff, and (2) he could not have been
responsible for supervising the work of or training those
physicians and nurses who did in fact treat Plaintiff. Plaintiff
has not contested any of these above submissions. For all of
these reasons, Plaintiff has failed to demonstrate that Grady
bears responsibility for the alleged suffering he has endured or
For the foregoing reasons, Grady's motion for summary judgment
is GRANTED and, accordingly, the Complaint against him is
DISMISSED. An appropriate Order accompanies this Letter
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