United States District Court, D. Colorado
Kristen L. Mix, United States Magistrate Judge.
matter is before the Court on Defendant's Motion
for Summary Judgment [#90] (the “Motion”).
Plaintiff, who proceeds in this matter pro se,  filed a Response
[#94], and Defendant filed a Reply [#102]. The Court has
reviewed the Motion, Response, Reply, the entire docket, and
the applicable law, and is sufficiently advised in the
premises. For the reasons set forth below, the Motion [#90]
is an inmate in the custody of the Colorado Department of
Corrections (“CDOC”) at Centennial Correctional
Facility in Canon City, Colorado. Plaintiff filed this civil
action on March 2, 2015. Compl. [#1]. Plaintiff
filed his Amended Complaint on March 20, 2015. Am.
Compl. [#7]. In the Amended Complaint, Plaintiff appears
to assert one claim: “Use of Involuntary Medication to
Commit Corporal Punishment in Direct Violation of [Eighth]
Amendment Prohibitions of Such.” Id. at 4-5.
Specifically, Plaintiff alleges that Dr. Joan Koprivnikar
(“Defendant”), a psychiatrist, violated his
constitutional rights by recommending that Plaintiff be
involuntarily medicated. Id. at 10-17.
6, 2015, Defendant filed a motion seeking dismissal of
Plaintiff's claim. Motion to Dismiss and/or for
Summary Judgment [#16]. On consideration of that motion,
the Court ultimately construed the Amended Complaint [#7] as
asserting three claims: an Eighth Amendment excessive force
claim, and substantive and procedural due process claims
arising pursuant to the Fourteenth Amendment. Order
[#29]. The Court dismissed with prejudice the Fourteenth
Amendment substantive due process claim and the Eighth
Amendment claim. Id. at 20. The Fourteenth Amendment
procedural due process claim is the sole issue that remains
for adjudication. Id.
March 3, 2017, Defendant filed the present Motion [#90]
seeking entry of judgment in her favor on Plaintiff's
remaining claim. In support of the Motion [#90], Defendant
has attached her own affidavit, the applicable version of the
CDOC regulation regarding administration of involuntary
medication, and various records related to Plaintiff's
mental health history. See Affidavit of Dr. Joan
Koprivnikar (“Affidavit of Dr. Koprivnikar”)
[#90-1]; [#90-1 through #90-6]. Plaintiff has not attached
evidence to his Response, and instead relies on documentation
previously filed by him or by Defendant in this
is employed by CDOC as a staff psychiatrist. Motion
[#90] at 3. Her responsibilities include evaluating inmates
for signs and symptoms of mental illness, diagnosing mental
disorders, treating inmates with psychotropic medications
when appropriate, and evaluating any side effects.
Id. She also makes recommendations for involuntary
medication to inmates who pose a risk of harm to themselves
or others, or are gravely disabled. Id. CDOC's
Administrative Regulations outline the procedures and
responsibilities for administration of involuntary
medications to inmates. Id.
was screened for mental health needs when he arrived at CDOC
in 2012. Id. at 9. According to clinical notes taken
by Dr. Jonathan Rosman, Plaintiff was refusing all
medications at that time and denied that he had any mental
health issues. Id. at 10. Dr. Rosman diagnosed
Plaintiff with “Depressive Disorder, NOS with possible
psychotic features. Rule out Bipolar disorder. Rule out
schizoaffective disorder. . . . He holds onto a fringe belief
system, and may well be paranoid and delusional, but may also
be merely eccentric.” Id.
was referred to the San Carlos Correctional Facility
(“SCCF”) for diagnostic clarification, and was
seen by Defendant on July 2, 2012. Id. at 10-11.
Defendant noted, “r/o Delusional disorder, but to me
presents much more as a weak personality (narcissistic
traits) that has gotten involved in a likely small time
anti-government group - feels important in it, feels he's
a ‘soldier' for the cause . . . will continue to
watch.” Id. at 11. Plaintiff was refusing
medications and did not meet criteria for involuntary
was transferred to two other facilities over the next several
months, and returned to SCCF by March 18, 2013. Id.
at 11. Defendant's assessment at that time was,
“r/o Delusional Disorder and Paranoid Personality (I
see no evidence of borderline personality) vs. psychotic
spectrum disorder such as schiz.” Id. at 12.
Several months later, on August 6, 2013, Defendant noted,
“was thinking paranoid Pd, but thinking more than that
now. Delusional d/o vs chronic, psychotic spectrum d/o -
Schiz. IM demands to know why I think this, discuss the very
nature of the disorders will likely prevent him from seeing
what I'm seeing. IM says he's going to talk to his
attorney about my opinion.” Id. Defendant
suggested antipsychotic medications, and Plaintiff refused.
January 7, 2014, Defendant saw Plaintiff after he had left a
hearing. Id. at 13. Plaintiff said that he was going
to “bang his head” and proceeded to do that.
Id. Defendant noted that Plaintiff was
extremely angry in the conf room, spouting what he claims are
laws and violations of his rights. First he said he banged
his head so he could go to court and say the officers beat
him up, then says it's so he can sue us when we further
violate his rights. Then says it's because he can. IM ult
says he'll bang his head to force us to put him in
restraints, then, in restraints he won't have access to
his legal mail/work so then he can sue us for not allowing
him legal access. He yells at me, ‘if I could I would
beat the fucking shit out of you.' Also threatens the
officers. Tells the Capt that when he gets OOP that he will
strap on an IED and kill us all. Im paranoid and delusional,
thought disorder. IM tells Pam King that he's going to
continue to bang his head and also throw his body around the
room to hurt himself further (this is before I arrive), then
tells me he's not going to bang his head but is not going
to eat for 1-2 weeks.
Id. at 13-14. By February 2014, Defendant determined
that Plaintiff's mental health appeared gravely
compromised and that he posed a risk of harm to himself or
others. Id. Emergency medications were administered
and Plaintiff was scheduled for an involuntary medication
hearing before the Involuntary Medication Hearing Committee
(the “Committee”). Id.
prepared a report in advance of the hearing regarding
Plaintiff's mental health history, and provided a list of
recommended medications. I d . at 14-15; see
also Feb. 20, 2014 Report [#90-3] at 10-15. Defendant
opined that if Plaintiff remained unmedicated, he would
continue to decompensate and likely either harm himself or
another person. Motion [#90] at 15. Defendant also
noted that “all symptoms of mental illness evidently
remitted at CMHIP [Plaintiff's previous facility] while
he was taking an antipsychotic medication, ” but
court-ordered medication was ceased after Plaintiff was found
guilty of his crime. Id. She stated that Plaintiff
likely “is an individual who decompensates slowly once
off antipsychotic medications, ” which is why he did
not appear to need them when he first arrived at CDOC. She
further noted that Plaintiff “does not recognize that
he has a ...