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Watson v. Killbaugh

United States District Court, D. Colorado

July 25, 2018

WARREN D. WATSON, Plaintiff,
v.
MATTHEW KILLOUGH, P.A., CORRECTIONAL HEALTHCARE SOLUTIONS, YASEMIN TAYLOR, Nurse, JANE DOE, Nurse, KATHERYN TETREAULT, LPN, and C. CROWE, Nurse, Defendants.

          ORDER ON MOTION FOR SUMMARY JUDGMENT

          R. Brooke Jackson United States District Judge

         This matter comes before the Court on defendants Correctional Healthcare Solutions', Matthew Killough's, Yasemin Taylor's, Katheryn Tetreault's, and Catherine Rowe's Motion for Summary Judgment. ECF No. 102. For the reasons explained herein, this motion is granted.

         I. BACKGROUND

         A. Factual Background.

         This suit arises from plaintiff Warren D. Watson's requests for medical care while he was incarcerated at Jefferson County Detention Facility (“JCDF”) in Golden, Colorado as a pre-trial detainee. ECF No. 9 at 5; ECF No. 102-1 at 7. Mr. Watson was detained at JCDF from March 8, 2013 until October 15, 2015. ECF No. 9 at 5. Beginning in February 2015 Mr. Watson experienced right knee pain and swelling. Id. at 7; ECF No. 102-1 at 19, 23-24. These symptoms persisted over an eight-month period until Mr. Watson was transferred to Fremont Correctional Facility in Canon City, Colorado in October 2015. Mr. Watson sent five medical requests-also referred to as “kites”-related to his knee pain during this eight-month period. He was seen promptly by medical personnel after each request other than his very last kite. However, he claims that his knee was not properly treated. The following is a brief summary of Mr. Watson's requests for medical attention and the evaluations and treatment he received:

• He sent his first kite on February 12, 2015. ECF No. 102-1 at 19. At that time he noticed a golf-ball sized growth on the inside of his right knee. Id. at 24-25. He was seen the same day by Nurse Catherine Rowe, who evaluated Mr. Watson's knee and recorded his pain based on his impressions. Id. at 32-36. Mr. Watson contends that despite Nurse Rowe's notes to the contrary, she did not give him an ice pack or Tylenol, nor did she provide him with either of these things within a few days of examining him. Id. at 35-36. Nurse Rowe referred Mr. Watson to a medical provider. Id. at 37.
• On February 24, 2015 Physician Assistant (“PA”) Matthew Killough examined Mr. Watson's knee. Id. at 41. Mr. Watson alleges that his knee pain had increased substantially and that the size of the swelling had increased. ECF No. 9 at 8. P.A. Killough attempted to drain the growth on Mr. Watson's knee with a needle, but he was unable to do so. ECF No. 102-1 at 41. P.A. Killough gave Mr. Watson an ACE bandage and encouraged him to decrease his activity level and to continue using the painkiller Naproxen, which he was already using for pre-existing headaches. Id. at 43-44.
• Mr. Watson also recalls seeing P.A. Killough a second time at a later date, during which P.A. Killough examined his knee again. Id. at 63. P.A. Killough did not perform any tests or treatment at that time. Id.
• Mr. Watson sent his second kite on April 14, 2015. Id. at 47. He indicated that his right knee “is starting to become painful.” Id. at 48. He asserts that he had become overwhelmed with worry about his knee and was having trouble walking. ECF No. 9 at 9. Mr. Watson was examined by a nurse about this kite on April 15, 2015. ECF No. 102-1 at 48.
• Mr. Watson sent his third kite on July 16, 2015. Id. at 50. He noted that his knees were painful and swollen and that the “pain seems to be more on the bone now.” Id. at 51. Mr. Watson was seen by Licensed Practical Nurse Katheryn Tetreault the same day about this kite. Id.
• Mr. Watson was seen by a doctor on July 31, 2015 about a different issue, but he also discussed his knee during that visit. Id. at 55-56.
• Mr. Watson saw Licensed Practical Nurse Yasemin Taylor on August 4, 2015 about his right knee. Id. at 54-55. He complained that the knee was swelling and that he needed a wrap for it. Id.
• Mr. Watson sent his fourth kite on September 22, 2015 in which he noted that his knee was “[p]ainful to walk on” and requested a cane to relieve the pressure when walking. Id. at 57. Mr. Watson was seen on September 28th. ECF No. 9 at 10. Mr. Watson did not receive a cane. ECF No. 102-1 at 59.
• Mr. Watson sent his final kite on October 3, 2015, in which he noted that his knee was causing him extreme pain and asking again about the cane. ECF No. 102-1 at 59. He did not ...

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