Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lomax v. City of Philadelphia

United States District Court, E.D. Pennsylvania

March 29, 2017

KEVIN LOMAX, Plaintiff,
v.
CITY OF PHILADELPHIA; MAYOR NUTTER; PHILADELPHIA PRISON SYSTEM; CFCF; CORIZON, INC.; DR. DAVID DAVIS; and CFCF MENTAL HEALTH DEPT., Defendants.

          OPINION DEFENDANT CORIZON, INC.'S MOTION FOR SUMMARY JUDGMENT, ECF NO. 33: GRANTED PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, ECF NO. 40: DENIED

          JOSEPH F. LEESON, JR. United States District Judge

         I. Introduction

         Plaintiff Kevin Lomax, who was formerly detained at the Curran-Fromhold Correctional Facility (“CFCF”) in Philadelphia, initiated this action pursuant to 42 U.S.C. § 1983. Defendant Corizon, Inc., [1] moves for summary judgment on Lomax's claims and also moves for the dismissal of Defendant Dr. David Davis from this case. Lomax has filed a cross-motion for summary judgment. Because Corizon has shown that there is no dispute as to any material fact with respect to Lomax's claims against both Corizon and Dr. Davis, and that both Corizon and Dr. Davis are entitled to judgment as a matter of law, Corizon's motion is granted and Lomax's motion is denied.

         In this Opinion, the Court also considers Lomax's claims against the remaining Defendants: the City of Philadelphia, Mayor Nutter, and the CFCF Mental Health Department. The Court dismisses Lomax's claims against these Defendants without prejudice and will permit Lomax to file an amended complaint with respect to his claims against these Defendants.

         II. Background

         A. Procedural History

         Lomax filed his Complaint in March 2013, under § 1983, naming as Defendants the City of Philadelphia, Mayor Nutter, the Philadelphia Prison System (“PPS”), Curran Fromhold Correctional Facility (“CFCF”), Corizon, Inc., Dr. David Davis, and the CFCF Medical Health Department. Compl., ECF No. 5. Lomax's Complaint alleges that during his time at CFCF he was forced to sleep in a “boat, ”[2] that he suffered neck, back, leg, and wrist pain, as well as headaches, as a result, and that these ailments were not properly treated by the prison's medical personnel.[3] He further alleges that “[o]ther inmates . . . have developed similar body pains, aches, injuries, etc.” With his Complaint, Lomax also filed an application to proceed in forma pauperis (“IFP”). ECF No. 1. On March 28, 2013, the Court granted Lomax's IFP motion, placed his case in administrative suspense “pending disposition of the prison overcrowding civil actions filed prior to and on June 20, 2011, ” and ordered that no summonses were to issue at that time. ECF No. 4.

         In September 2013, the Court took Lomax's case out of suspense, appointed legal counsel to Lomax, who previously had been proceeding pro se, and permitted counsel to file an amended complaint. ECF No. 6. Lomax's counsel did not file an amended complaint. In December 2014, a settlement conference was held. See ECF Nos. 9, 10, 12. Following the conference, Lomax's counsel filed a motion to withdraw, stating that he had negotiated and recommended to Lomax a settlement with Defendant City of Philadelphia and provided recommendations to Lomax regarding his claims against the medical providers, but Lomax declined to participate in the settlement or accept counsel's recommendations. ECF No. 13. The Court granted counsel's motion to withdraw, and Lomax again proceeded pro se. ECF No. 15.

         In September 2015, Corizon filed an answer to Lomax's Complaint. ECF No. 20. Shortly thereafter, the Court dismissed Lomax's claims against Defendants Philadelphia Prison System (“PPS”) and CFCF because these entities are not “persons” for purposes of § 1983, and the Court again permitted Lomax to file an amended complaint.[4] ECF Nos. 22-23. Lomax did not file an amended complaint. In March 2016, the Court granted Corizon's motion to take Lomax's deposition. See ECF Nos. 28, 30.

         In July 2016, Corizon filed the present motion for summary judgment. ECF No. 33. In December 2016, this case was reassigned to the calendar of the Undersigned. ECF No. 36. In January 2017, Lomax filed his cross-motion for summary judgment, contending that “C.F.C.F., Corizon Inc., Dr. David Davis, and the Medical Staff erred by utilizing a Physician's Assistant . . . to remedy the plaintiff's ongoing medical issues that were directly caused by the unconstitutional treatment.” Def.'s Mot. Summ. J. 3, ECF No. 40.

         B. Factual Background

         Lomax testified that he was incarcerated at CFCF in Philadelphia for a period of five months, from December 13, 2012, to May 14, 2013. Lomax Dep. 11:8-11, ECF No. 33-3; Lomax Decl. 1, ECF No. 16. He further testified that during this time, due to prison overcrowding, he was placed in a three-man cell and was forced to sleep in a “boat.” Lomax Dep. 16:7-16. According to Lomax, he was too big for the boat, so his ankles, wrist, or neck would hang over the sides. Lomax Dep. 16:11-14. This caused him to suffer neck, back, leg, and wrist pain, as well as headaches. Lomax Dep. 20:2-10. Specifically, Lomax testified that his neck pain would “come and go” during the day but would be “with [him] the whole night.” Lomax Dep. 20:17-24. His headaches would occur when he first woke up in the morning and would gradually dissipate during the day. Lomax Dep. 22:20-23:5. His back pain and leg pain were present “all the time” while he was at CFCF. Lomax Dep. 21:3-14.

         Lomax testified that although he no longer suffers from headaches and wrist pain, he has continued to suffer back and leg pain after leaving CFCF. Specifically, he stated that he still experiences back spasms when, for example, he puts on his shirt or jacket. Lomax Dep. 21:4-9. He also suffers from continuing sharp pain in his left knee, shin, and ankle; this pain affects him especially when walking a long distance or when coming down out of the top bunk of his cell.[5]Lomax Dep. 21:17-22:1. He does not, however, take any medication for his continuing back and leg pain. Lomax Dep. 43:17-19.

         Lomax testified that he submitted approximately two sick call slips while at CFCF, [6] each of which concerned the pain that he was experiencing. Lomax Dep. 24:10-20. He testified that each time he was seen by a nurse who told him that he “was a big boy and [could] deal with the pain and to return to [his] housing unit.” Lomax Dep. 15:13-18.

         Lomax's medical records show that on February 7, 2013, in response to complaints of lower back pain from sleeping on the boat, he was seen by a physician's assistant who provided Lomax education about the pain and referred him to the commissary or sick call. Def.'s Mot. Summ. J. Ex. C, at 12, ECF No. 33-4; see also Lomax Dep. 34:9-35:4. He was seen by a nurse on March 6, 2013, for complaints of neck and back pain. Def.'s Mot. Summ. J. Ex. C, at 14; see also Lomax Dep. 35:25-36:14. During this encounter, Lomax's pain scale was reported as a six out of ten; he was instructed to return if his conditions worsened and was given or recommended a muscle rub. Def.'s Mot. Summ. J. Ex. C, at 14. On March 13, 2013, after submitting a grievance regarding his lower back pain, Lomax was again seen by the physician's assistant, who referred him to the commissary for Tylenol. Id. at 13; see also Lomax Dep. 35:5-24.[7]

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.