Facts

David Flynn, a former state prisoner, presented to D. Maddox, FNP, RN, with vision issues and a history of actinic keratosis. Nurse Maddox saw Flynn on Dec. 9, 2013, and believing Flynn would be paroling soon, told him to return in January or February since she did not believe the red areas on his face constituted a medical emergency. Nurse Maddox saw Flynn again on May 8, 2014, and referred Flynn for a dermatology consultation. Nurse Maddox saw Flynn again on June 27, 2014, and approved the renewal of three accommodations.

PLAINTIFF'S CONTENTIONS: Flynn alleged that Nurse Maddox was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment and falsified medical appeals responses. Specifically, Flynn claimed Nurse Maddox failed to adequately or timely address his dermatological needs.

DEFENDANTS' CONTENTIONS: Nurse Maddox denied the allegations and claimed she was entitled to qualified immunity.

Result

The court granted Nurse Maddox's motion for summary judgment. The court found that Flynn failed to raise a disputed issue of material fact that Nurse Maddox was aware of a substantial risk of serious harm and she drew that inference at the Dec. 9, 2013 appointment. The court found the evidence showed Nurse Maddox believed the red areas on Flynn's face were non-cancerous sun exposure damage, and the delay of 1-2 months in returning for medical treatment caused Flynn any harm. Additionally, the court concluded that Flynn did not present any evidence that the allegedly false information in the medical appeals caused him harm, or that the allegedly false information was made in knowing disregard of Flynn's serious medical need.