The opinion of the court was delivered by: William W. Caldwell United States District Judge
We are considering a motion for summary judgment from Defendant PrimeCare Medical, Inc. (doc. 73) in this civil rights lawsuit filed by Nathan Charles Griggs, an inmate at U.S.P. Allenwood. Griggs's claims concern the treatment of a shoulder injury which ultimately resulted in the "awkward" healing of his shoulder. According to Griggs, PrimeCare's diagnosis and delayed treatment of his shoulder violated his Fifth, Eighth, and Fourteenth Amendment rights.*fn1 Upon review of the motion and the record, we will grant summary judgment in favor of PrimeCare.
Griggs's complaint arises from incidents which occurred while he was incarcerated at Dauphin County Prison. As Griggs is proceeding in forma pauperis, we conducted an initial review of the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B), dismissing some claims and allowing Griggs to proceed on others. (docs. 11, 17).*fn2
A. Griggs's Allegations Against PrimeCare Medical
Griggs's complaint presents his claim against PrimeCare as follows:
I told them when I came to prison I had an appointment to see a specialist for my shoulder. I was told I had a sprain. I was told I had bursitis. If I would have had treatment in the proper way I would not be a [sic] limited as I am now. No movement was done to get me to outside help under the color of law until on or about September 16 2004. Then it was only a phonecall [sic] to the U.S. Marshal's Office. Prime Care Medical Receptionist was told U.S. Marshal's would not give their permission for me to go to outside treatment, because they, being the U.S. Marshals were coming to get me soon. I did not see or hear from a U.S. Marshal until 12-8-05. Under the color of the law I was finally taken to outside medical on or about November 16, 04. It was shown to have been heeled [sic] in an awkward manner. (doc. 1, at "Defendant 16").
B. Statement of Material Facts
Griggs did not file a counterstatement of material facts in response to Prime Care Medical's statement of material facts (doc. 74). See Local Rule 56.1 (requiring "a separate, short and concise statement of the material facts" responding to the numbered paragraphs in the moving party's statement of material facts). Failure to do so results in the admission of the moving party's material facts. Id. ¶ 4.
1. Injury and Medical Treatment
Griggs was incarcerated at Dauphin County Prison ("DCP") during the events referred to in his complaint. PrimeCare Medical ("PC") Statement of Material Facts ("SMF"), ¶
1. PrimeCare provides medical care to DCP inmates. Id. ¶ 2. Prior to Griggs's incarceration at DCP on November 29, 2003, he sustained a shoulder injury during a street fight. Id.
¶ 3. Griggs received medical treatment for the shoulder injury at Holy Spirit Hospital the day after the fight. Id. ¶ 4. At Holy Spirit, Griggs made an appointment to see a specialist about his shoulder, but he ...