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Moore v. Zimmer

United States District Court, D. Colorado

December 22, 2016

GEORGE MOORE, Plaintiff,
v.
NANCEY ZIMMER, in her official capacity as Denver Health Medical Center Intake RN of the Denver Sheriff Department, and in her individual capacity; AND DR. CHRISTIAN STOB, in his individual capacity as Denver Health Medical Center Doctor of the Denver Sheriff Department, and in his official capacity, Defendants.

          ORDER GRANTING, IN PART, AND DENYING, IN PART, MOTION FOR SUMMARY JUDGMENT

          Marcia S. Krieger Chief United States District Judge.

         THIS 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).

         JURISDICTION

         The Court exercises jurisdiction over this matter pursuant to 28 U.S.C. § 1331.

         FACTS

         The 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. Moore.

         On 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.

         On 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 cane immediately.

         Mr. 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.

         On 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 shoe.

         Mr. Moore, acting pro se, [1] 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).

         Nurse 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.

         ANALYSIS

         A. ...


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