John Williams v. Randy Watson
Opinion
In this
I.
Construed in the light most favorable to Williams, the record includes the following facts.
2
See
Letterman v. Does
,
Williams was not seen by a dentist until three months after he submitted his sick call. According to Williams, in that time, his teeth and gums became diseased, abscessed, and severely painful. His "mouth was filled with boil type sores," "puss [was] seeping from his gums," and his face became disfigured. He had toothaches, was unable to eat regular foods, lost weight, and "was scared he would die daily." During the delay, he was seen occasionally by a nurse, who gave him ibuprofen and told him he was on a waiting list to see a dentist. On September 6, 2013, Williams extracted two of his own teeth. He was scheduled to see Dr. Russell on September 11, 2013, but that appointment was cancelled due to unknown "security issues." When Dr. Russell finally saw Williams on September 26, 2013, he immediately extracted seven more teeth.
Williams avers that each Defendant knew of his dental pain. He sent affidavits to Warden Watson and Assistant Warden Jackson, stating he was not receiving care for his "extreme dental issues." In the affidavit he sent to Watson, Williams indicated he was in "a great deal of pain and discomfort," and asked Watson to arrange for him to be treated at another ADC unit. During an in-person meeting, Williams also asked Jackson to help him get dental care. In response, Jackson laughed and told Williams he had no authority to pressure medical staff to send him to Cummins for treatment. During yard call, Williams showed his mouth and teeth to Major Malone, and sometimes "swallow[ed] his pride to beg [her] for help." He got no response. Major Bolden was aware of Williams's deteriorating dental condition too, but also took no action. During daily security checks, Williams "would beg and beg [Defendants] for help in getting [him] a dentist, or just to take actions which would enable [him] to be escorted and/or transferred over to the Cummins Unit ... where a dentist could render emergency extractions/dental services." The officials "turned their backs on [him], leaving him helpless in a one-man cell." In July 2014, Williams filed this lawsuit, alleging that Defendants had been deliberately indifferent to his serious dental needs, and claiming that each of them had been personally aware of his dental problems yet did nothing to help him.
In June 2015, Defendants moved for summary judgment, arguing, as relevant, that Williams had failed to state a viable § 1983 claim against them because they are not physicians, have no formal medical training, and are "not involved in the day-to-day delivery of medical services, other than to provide security." According to Defendants, only those individuals directly responsible for an inmate's dental care can be liable in a deliberate-indifference claim. In Defendants' view, they cannot be held liable for the delay in Williams's treatment because Corizon-a private medical and dental care provider-was responsible for his dental care pursuant to a contract with ADC. In August 2015, the district court, adopting the magistrate judge's report and recommendation, denied Defendants' request for qualified immunity. Specifically, the district court reasoned that, in the light most favorable to Williams, the record could show that his dental problem was both serious and known to Defendants. The district court acknowledged that none of the Defendants had medical expertise, but determined that even a layperson could have understood that Williams's dental condition was serious. The district court further reasoned that Defendants could not "hide behind the fact there was no dentist available [at Varner]. As custodians they ha[d] the obligation to ensure treatment was procured." 3
This court decided
Cullor
in August 2016. In
Cullor
, we held that two prison
officials were entitled to qualified immunity in an inmate's deliberate-indifference claim arising out of a shortage of prison dentists.
Three months after this court decided Cullor , Defendants filed their motion for reconsideration, requesting that the district court "reconsider its previous ruling on qualified immunity in light of [ Cullor ]." In the motion, Defendants argued that Cullor was "factually and legally on point," and that they could not have violated Williams's clearly-established rights in 2013 because Cullor was not decided until 2016.
The magistrate judge recommended that the motion be denied, reasoning that Cullor was distinguishable because, here, Defendants had not offered a "meritorious reason to justify the delay in Mr. Williams's dental care" and had "offered no evidence to show the delay in Mr. Williams's treatment was not a product of their conduct." The magistrate judge indicated that Defendants had "rested on the fact they are not medically trained personnel involved in the 'day-to-day delivery of medical services.' "
Defendants filed timely written objections and a supplemental declaration. In the declaration, Watson attested that, during the relevant period, Corizon was responsible for providing dental care to inmates pursuant to a contract with ADC, and he received monthly updates about inmate dental care. During the delay, Watson was aware that Varner lacked an onsite dentist, but he knew that Dr. Russell was treating inmates at Varner one or two days per week and that inmates were being transported to Cummins for treatment two or three times per month. Watson also averred that Corizon had been trying to hire an onsite dentist for Varner, and that none of the Defendants were authorized to hire a dentist or to direct Corizon personnel to provide dental services to Varner inmates. The district court denied Defendants' motion for reconsideration. Defendants now appeal.
II.
As an initial matter, this case presents a jurisdictional issue.
See
Williams v. Cty. of Dakota, Neb.
,
We also have jurisdiction to review district court orders denying motions to reconsider previous denials of qualified immunity.
Broadway v. Norris
,
Defendants contend that we have jurisdiction over the original order because their motion for reconsideration was based on
Cullor
. As Defendants see it, the district court effectively renewed its ruling on the issue of qualified immunity when it denied reconsideration because
Cullor
was decided after its original order. But the timing of the
Cullor
decision does not affect the scope of our jurisdiction in this case. "Only Congress may determine [our] subject-matter jurisdiction,"
Hamer v. Neighborhood Hous. Servs. of Chi.
, --- U.S. ----,
III.
Rule 60(b)"provides for extraordinary relief which may be granted only upon an adequate showing of exceptional circumstances."
Jones v. Swanson
,
The district court did not abuse its discretion by denying Defendants' motion
for reconsideration. To begin, the district court did not err in distinguishing
Cullor
. The plaintiff in
Cullor
claimed that prison officials had been deliberately indifferent to his serious dental needs by failing to adequately staff the prison's dental unit despite their general knowledge of resulting delays in inmate dental care. By contrast, Williams does not allege that Defendants were deliberately indifferent because they failed to adequately staff Varner's dental unit. Instead, his claims are premised on allegations that each Defendant was
personally
aware of his severely painful dental condition but took no action to get him to Dr. Russell, who was treating Varner inmates, or to any other dentist. Unlike in
Cullor
, where a shortage of dentists formed the basis of the plaintiff's claims, here, Defendants seek to use the shortage of dentists at Varner as a defense to Williams's claims.
See
Thompson v. King
,
As the magistrate judge aptly observed, unlike the
Cullor
defendants who tried to hire dentists once they learned of the shortage, Defendants have not shown-nor do they claim-that they tried to get Williams treatment after they were alerted to his condition.
Cf.
Farmer v. Brennan
,
In
Cullor
, this court did not create a new constitutional right. An inmate's right to treatment for serious and painful dental conditions has been clearly-established for more than three decades.
See
Boyd v. Knox
,
IV.
Accordingly, we affirm.
The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendation of the Honorable Joseph J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.
Williams's verified complaint must be treated as the equivalent of an affidavit for summary judgment purposes,
see
Davis v. Jefferson Hosp. Ass'n
,
The district court dismissed claims Williams brought against another ADC official based on his failure to exhaust administrative remedies. Williams also reached a settlement with Corizon and one of its employees.
In contrast, we do not have jurisdiction where a party has "repeatedly file[d] the same motion with a district court" and has "merely reasserted arguments raised unsuccessfully in previous motions."
Taylor v. Carter
,
Defendants also argue that Williams lacks standing because Corizon was responsible for his dental care. This argument conflates the injury and traceability requirements of standing with Williams's ultimate burden of proof.
See
Balogh v. Lombardi
,
Reference
- Full Case Name
- John Henry WILLIAMS, Plaintiff-Appellee v. Debra YORK, Infirmary Administrator, Varner; Ludlam, Dental Assistant, Varner, Defendants Randy Watson, Warden, Varner; Moses Jackson, Assistant Warden, Varner; Bolden, Major, Chief of Security, Varner; Malone, Major, Chief of Security, Varner Super Max, Defendants-Appellants Stephens, Captain, Shift Commander, Varner Super Max; Corizon CMS, Medical Providers for ADC, Defendants.
- Cited By
- 68 cases
- Status
- Published