Buy This Entire Record For
Watson v. Killbaugh
United States District Court, D. Colorado
July 25, 2018
WARREN D. WATSON, Plaintiff,
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
Brooke Jackson United States District Judge
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.
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