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Berger v. Community Education Centers, Inc.

United States District Court, D. Colorado

December 14, 2017

JASON BERGER, Plaintiff,
v.
COMMUNITY EDUCATION CENTERS, INC, CORRECTIONAL HEALTH PARTNERS, JOSEPH W. WRIGHT, CHAUNDRA PETTUS, and BRIANA HANSEN, Defendants.

          ORDER ON CORRECTIONAL HEALTH PARTNERS' MOTION FOR SUMMARY JUDGMENT

          Michael E. Hegarty United States Magistrate Judge.

         Defendant Correctional Health Partners (“CHP”) moves for summary judgment on Plaintiff Jason Berger's two claims against it. CHP has met its burden to demonstrate a factual basis for its motion, and Mr. Berger did not file a response brief or submit any evidence to rebut CHP's assertions. Therefore, Mr. Berger has failed to demonstrate a genuine issue of material fact for trial as to his claims against CHP. Accordingly, the Court grants CHP's Motion for Summary Judgment.

         BACKGROUND

         I. Factual Background

         The evidence submitted by CHP reveals the following facts viewed in the light most favorable to Mr. Berger, who is the non-moving party in this matter.

1. CHP is a medical services organization that contracts with the Colorado Department of Corrections (“CDOC”) to authorize outside medical care for CDOC inmates. Decl. of Darlene Butler ¶ 4, ECF No. 44-1.
2. CHP does not treat CDOC inmates. Instead, CHP reviews inmates' medical information to determine the medical necessity of requested treatment. Id.¶ 5.
3. On Thursday August 21, 2014, Cheyenne Mountain Re-Entry Center (“CRMC”) sent CHP a request to approve an ear, nose, and throat consult for Mr. Berger. Id.¶ 6; ECF No. 46.
4. On Friday August 22, 2014, at 1:42 p.m., CHP conducted an initial review of the request, which revealed that CRMC did not include its clinical notes for Mr. Berger. Decl. of Darlene Butler ¶ 6; ECF No. 46, at 1. CHP requested the information from CRMC on August 22, 2014, at 2:22 p.m. Decl. of Darlene Butler ¶ 6; ECF No. 46, at 1.
5. CRMC provided the clinical notes later that same day, and CHP queued the request for review by a medical doctor. Decl. of Darlene Butler ¶ 6.
6. On Monday August 25, 2014, a CHP doctor approved an ear, nose, and throat consult for Mr. Berger. Id.¶ 7.
7. On August 28, 2014, an outpatient medical doctor assessed Mr. Berger and subsequently submitted a request for surgery on Mr. Berger's eye. ECF No. 46, at 2. The physician diagnosed Mr. Berger with an “orbital floor, closed fracture.” Id.
8. CHP approved the surgery request on August 29, 2014, and Mr. Berger underwent surgery that same day. Id.

         II. ...


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