Munson v. Newbold

Dist. Ct. did not err in granting defendants-prison dentist and medical-services provider’s motions for summary judgment in plaintiff-prisoner’s section 1983 action, alleging that defendants were deliberately indifferent to plaintiff’s tooth pain by delaying treatment on decayed tooth. Record showed that plaintiff had refused defendant-dentist’s offer to remove tooth and, on second occasion, left appointment to treat tooth to take legal call prior to when treatment could begin. Plaintiff eventually obtained treatment on tooth, but brought instant section 1983 action based on delay in obtaining said treatment. Record did not support claim that dentist had sufficiently culpable mental state, where plaintiff had passed up two opportunities to treat his tooth. Moreover, dentist could not be faulted for not construing plaintiff’s report of tooth pain as urgent, when plaintiff had twice abandoned proffered treatment. Also, Dist. Ct. did not err in granting defendant-medical provider’s summary judgment motion, where plaintiff failed to produce evidence establishing systemic and gross deficiencies in care.