Facts

Ray Richard Renfro, a state prisoner, filed suit against Family Nurse Practitioner Lisa Clark-Barlow in relation to medical treatment provided to him at Mule Creek State Prison.

PLAINTIFF'S CONTENTIONS: Renfro alleged that, prior to incarceration, he had been diagnosed with an endobronchial carcinoid tumor that was not removed, and upon incarceration, an intake doctor at the prison noted he suffered from COPD, a heart condition, and diabetes. Renfro claimed he mentioned the tumor and asked for surgery to have it removed, but a MCSP physician, Dr. Hashimoto, denied surgery. Renfro claimed he saw defendant Clark-Barlow on April 30, 2014, and told her about the tumor as well, but she refused to treat him, accused him of lying, and told him he was imagining the tumor.

DEFENDANT'S CONTENTIONS: Clark-Barlow alleged there was no dispute of material fact that she did not demonstrate deliberate indifference to Renfro's serious medical needs, and she was entitled to qualified immunity.

Result

The court granted Clark-Barlow's motion for summary judgment. The court found that Clark-Barlow was never aware of Renfro's need for an inhaler and at best, Renfro's allegations sounded in negligence. The court stated Clark-Barlow's failure to review Renfro's medical records to inform herself as to Renfro's medical history and meet the standard of care in her profession did not, alone, impose liability for deliberate indifference under the Eighth Amendment.