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Thomas Chanoux v. Correctional Health Services

July 20, 2011

THOMAS CHANOUX, PLAINTIFF,
v.
CORRECTIONAL HEALTH SERVICES, LLC, DEFENDANT.



The opinion of the court was delivered by: Bumb, United States District Judge

NOT FOR PUBLICATION [Dkt. No. 30]

OPINION

Defendant Correctional Health Services, LLC ("Defendant") moves for summary judgment dismissing the Complaint filed by pro se Plaintiff Thomas Chanoux ("Plaintiff"). Plaintiff filed no response to Defendant's motion.*fn1 For the following reasons, Defendant's motion is granted.

I. BACKGROUND*fn2

While incarcerated at the Cape May County Correctional Center ("CMCCC"), Plaintiff "tripped over [an] inmate who was placed (housed) on the 'floor'" of the CMCC. See Defendant's Statement of Facts ("Def. SOF") ¶ 1; Compl. ¶ 6, page 6. Although Plaintiff's pleadings do not identify the date of the incident, on March 14, 2009, a nurse saw Plaintiff at approximately 6:40 in the evening, after he tripped and fell, hitting his face and nose on a metal bunk. Def. SOF ¶ 6. Staff observed that Plaintiff had an open area on the bridge of his nose and noted bleeding and swelling. Id. at ¶ 7. Plaintiff was transferred to the emergency room at Cape Regional Medical Center, where he underwent x-rays of his cervical spine and nose. Id. at ¶¶ 7-8. Medical staff diagnosed Plaintiff with a broken nose, sutured the laceration on his nose and prescribed Plaintiff Bacitracin and Erthromycin. Id. at ¶ 8.

On March 15, 2009, Dr. Reuben Ash at CMCCC issued Plaintiff prescriptions for Erthromycin, triple antibiotic ointment and 600 milligrams of Motrin. Id. at ¶ 9. On March 19, 2009, Dr. Ash removed Plaintiff's sutures and cleaned his wound. Id. at ¶ 10.

Medical staff also saw Plaintiff that day for pain in his left ankle or foot. Id. On April 7, 2009, Plaintiff reported neck pain and requested a "real doctor." Id. at ¶ 11. Records indicate that medical staff saw Plaintiff and prescribed Naprosyn and Baclofem. Id. On April 22, 2009, Dr. David Anapolle of Pace Orthopedics and Sports Medicine diagnosed Plaintiff with a right wrist sprain. Id. at ¶ 12. Dr. Anapolle also ordered x-rays on Plaintiff's left ankle and right wrist, which were taken on April 23, 2009. Id. at ¶¶ 12-13.

On May 4, 2009, Dr. Ash prescribed Plaintiff Percogesic.

Id. at ¶ 14. Dr. Ash saw Plaintiff again on May 7, when Plaintiff reported accidentally hitting his nose. Id. at ¶ 15. Dr. Ash prescribed Plaintiff Robaxin and ordered a consultation with an Ear, Nose and Throat ("ENT") doctor. Id. Plaintiff saw Dr. Louis Rondinella, an ENT specialist, on May 20, 2009. Id. at ¶ 16. Dr. Rondinella concluded that Plaintiff had a mild nasal fracture, which did not require surgery, and cauterized Plaintiff's nasal vessels to treat his epistaxis. Id.

Medical records do not indicate that Plaintiff sought treatment for his nose after May 20, 2009. Id. at ¶ 17.

Plaintiff brought suit on June 12, 2009, alleging that Defendant denied him medical care.*fn3 Plaintiff also filed an Amended Complaint on February 8, 2010, see Dkt. Ent. 13, which the Court construed as a motion to seek leave to amend. Upon its review, the Court concluded that the amended pleading failed to state any viable new claims. See Dkt. Ent. 16.

II. SUMMARY JUDGMENT STANDARD

Summary judgment should be granted if "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). "An issue is genuine only if there is a sufficient evidentiary basis on which a reasonable jury could find for the non-moving party, and a factual dispute is material only if it might affect the outcome of the suit under governing law." Kaucher v. County of Bucks, 455 F.3d 418, 423 (3d Cir. 2006) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).

"If the non-moving party bears the burden of persuasion at trial, 'the moving party may meet its burden on summary judgment by showing that the nonmoving party's evidence is insufficient to carry that burden.'" Id. (quoting Wetzel v. Tucker, 139 F.3d 380, 383 n. 2 (3d Cir. 1998)). Upon such a showing, the burden shifts to the non-moving party to produce evidence of a genuine, factual dispute. Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). The non-movant's burden is rigorous: it "must point to concrete evidence in the record;" mere ...


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