United States District Court, D. Colorado
ORDER GRANTING, IN PART, AND DENYING, IN PART, MOTION
FOR SUMMARY JUDGMENT
S. Krieger Chief United States District Judge.
MATTER comes before the Court pursuant to the Defendants'
Motion for Summary Judgment (# 93), Sworn Affidavit and
Declaration of Plaintiff George Moore (# 101), Amended Sworn
Affidavit and Declaration of Plaintiff George Moore (# 102),
Reply in Support of Motion for Summary Judgment by
Defendants, Nancey Zimmer RN and Dr. Christian Stob (#103),
and Supplement Response to Sworn Affidavit and Declaration of
George Moore (# 108).
Court exercises jurisdiction over this matter pursuant to 28
U.S.C. § 1331.
Court has reviewed the submissions of the parties and finds
the following facts to be undisputed, or where disputed
construes the evidence most favorably to the non-movant, Mr.
October 9, 2014, Mr. Moore was arrested and incarcerated in
the Denver County Jail. As part of the intake process, the
Defendant, Nurse Nancey Zimmer, screened Mr. Moore to
determine his medical needs while in jail. Mr. Moore told her
that he was disabled, had “stability issues, ”
needed a cane or walker, and suffered “tremendous pain
walking and getting up and down without a cane.” She
responded that she needed to screen forty other inmates and
did not have time to address his concerns. She did not
provide Mr. Moore with a cane or walker.
October 10, 2014, Mr. Moore submitted a grievance to the
jail. He complained about Nurse Zimmer's failure to
provide him with a cane. He also said that he was suffering
increased pain without a cane and asked that he be issued a
Moore was seen by the Defendant, Dr. Christian Stob, shortly
after he submitted his grievance. Dr. Stob reviewed Mr.
Moore's medical records that showed that Mr. Moore was
diagnosed with posttraumatic left hip degenerative joint
disease that caused him chronic pain. They also showed that
Mr. Moore had been using a cane or walker to ambulate under
the direction of his treating physician. Dr. Stob wrote an
order directing that Mr. Moore be given a cane or a walker,
but one was not provided to him that day.
October 11, 2014, Mr. Moore got out of bed to go to the
bathroom. While he was walking, his hip gave out, and he
collapsed. Three hours after he fell, an intake nurse brought
Mr. Moore a walker. His fall caused him to suffer injuries to
his hip, groin, and lower back resulting in tremendous pain,
the inability to sleep, difficulty eating, the inability to
exercise, depression, and the embarrassment of having to have
others, including inmates, help him put on his left sock and
Moore, acting pro se,  filed this lawsuit on January 6,
2015 and amended his complaint on February 11, 2015. In the
Amended Complaint, Mr. Moore asserted claims under 42 U.S.C.
§ 1983 and the Americans with Disabilities Act against
Nurse Zimmer, Dr. Stob, and several other defendants. Judge
Babcock dismissed the Amended Complaint on March 23, 2015.
Mr. Moore appealed, and the Tenth Circuit Court of Appeals
affirmed the dismissal of all claims other than Mr.
Moore's individual claims against Nurse Zimmer and Dr.
Stob brought under 42 U.S.C. § 1983. As to those claims,
the Tenth Circuit reversed. See Moore v. Diggins,
633 Fed.Appx. 672 (10th Cir. 2015).
Zimmer and Dr. Stob now move for summary judgment (# 93) on
the remaining claims. They argue that Mr. Moore cannot show
that they acted with deliberate indifference to his medical
needs. Mr. Moore argues that there is a genuine issue of
material fact precluding summary judgment.