Background
Plaintiff Gilbert Michael Greenwood, a Washington state inmate, appealed pro se from a district court judgment in his action under Section nineteen eighty-three of Title forty-two of the United States Code. The suit arose from medical care Greenwood received while a pretrial detainee at the Pierce County Detention and Correction Center. He alleged inadequate medical care against Dr. Miguel Balderrama and the county.
The court’s reasoning
The panel reviewed the dismissal and grant of summary judgment de novo. The court found summary judgment proper on the inadequate medical care claim because Greenwood failed to offer sufficient evidence that the doctor acted with objective deliberate indifference to his serious medical needs. Medical records showed the doctor promptly referred the plaintiff to a specialist and ordered requested imaging. The doctor also promptly responded to requests for prescription medication. Mere negligence does not rise to the level of objective deliberate indifference. The district court properly dismissed the claim against the county because Greenwood failed to allege facts establishing that an unconstitutional policy or custom caused a constitutional violation. The court also found no abuse of discretion in denying leave to file a second amended complaint or in denying a motion to appoint counsel.
What it means going forward
The decision reinforces the high evidentiary bar for proving deliberate indifference in medical care cases and limits municipal liability where no unconstitutional policy is alleged.