Lockett v. Bonson

Dist. Ct. did not err in granting defendants-prison nurses’ motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendants were deliberately indifferent to his serious medical needs associated with his sickle cell disease, where defendants did not continue to prescribe oxycodone and hydrocodone, as prescribed by outside physicians and prescribed instead milder Tylenol #3 for plaintiff’s pain complaints. Prisoner generally cannot prevail on claim that prison medical staff had preference for one medication over another, unless there was evidence of substantial departure from acceptable professional judgment. Moreover, one defendant used such medical judgment in treating plaintiff’s pain via Tylenol #3, given risks associated with opiod use and high amount of oxycodone prescribed for plaintiff. Also, plaintiff failed to exhaust administrative remedies with respect to his claim that second defendant failed to treat his pain, where, although plaintiff contended that he had filed internal appeal with prison authorities, record suggested that he had not filed such appeal, and plaintiff failed to make inquiry of prison officials as to why he had not received receipt indicating that he had filed said appeal.