Smith v. Ephraim McDowell Regional Medical Center
Opinion of the Court
ORDER
Michael Ray Smith, proceeding pro se, appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
On June 21, 2000, Smith alleged that he presented himself to Ephraim’s emergency room because he was experiencing chest pain. While in the emergency room, a urinalysis was performed, which indicated the presence of various illegal drugs in Smith’s urine. Smith alleged that the drug screen test results were false and that the hospital defendants conspired with the county defendants to place the false drug screen test results in his medical records. Smith further alleged that Duncan defamed and slandered him by indicating in his medical records that he had a “polysubstance drug abuse” problem for which he would receive care during his hospitalization. Smith requested Reynolds to remove the false drug screen test results and Duncan’s notations from his medical records, but Reynolds refused to do so. According to Smith, he has been denied social security benefits due to the false drug screen test results contained in his medical records.
The defendants filed motions for summary judgment, to which Smith responded. Smith also filed his own motion for summary judgment, to which the defendants responded. The district court granted the defendants’ motions for summary judgment, denied Smith’s motion for summary judgment, and dismissed the case. Smith has filed a timely appeal.
We review de novo the district court’s grant of summary judgment. Kincaid v. Gibson, 236 F.3d 342, 346 (6th Cir. 2001). Summary judgment is appropriate when the evidence presented shows “ ‘that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Id. (quoting Fed.R.Civ.P. 56(c)).
Upon review, we conclude that the district court properly granted summary judgment in favor of the defendants for the reasons set forth in the memorandum opinion and order filed on October 24, 2001. Accordingly, the district court’s judgment is affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- Michael Ray SMITH v. EPHRAIM MCDOWELL REGIONAL MEDICAL CENTER Freda Duncan Britt Reynolds Boyle County Chris Hill, in his Official Capacity Steve Williams, in his Official Capacity Clarence Lafferty, in his Official Capacity
- Status
- Published