Cesal v. Moats

Dist. Ct. did not err in granting defendant-prison doctor’s motion for summary judgment in section 1983 action alleging that defendant was deliberately indifferent to plaintiff-prisoner’s back injury and withheld insulin from plaintiff in retaliation for having complained about his medical care. Record failed to support plaintiff’s deliberate indifference claim, where: (1) defendant was not involved in initial treatment of plaintiff’s back injury; (2) plaintiff received appropriate care in months following his back injury; and (3) plaintiff failed to identify his middle back as source of his pain in his initial grievances, and outside medical personnel prescribed treatment that was consistent with treatment given by defendant. Dist. Ct. also properly granted defendant’s motion for summary judgment in plaintiff’s retaliation claim, where two-year limitation period started on day defendant restored plaintiff’s insulin prescription, and where instant action was filed more than two years after said date. Plaintiff also failed to produce evidence that amount of insulin prescribed by defendant upon his restoration of insulin was outside medical professional standards or outside what plaintiff had been previously prescribed. (Dissent filed.)