Facts

Plaintiff William Barker, an inmate imprisoned at the California Health Care Facility, filed a civil rights suit alleging prison official nurse assistants Osemwingie and Ramiscal were deliberately indifferent to his serious medical needs.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he requested assistance to be transferred from his wheelchair to the toilet and that Osemwingie and Ramiscal used a Hoyer lift which is a device designed to move patients who are unable to stand on their own. However, plaintiff contended that defendants placed the straps of the Hoyer lift underneath his arms, instead of underneath his body as it was intended to be used. He further contended that the incorrect use of the Hoyer lift injured his back, and exacerbated his chronic back pain. Plaintiff further contended Osemwingie and Ramiscal were not entitled to government immunity because the medical standard was constitutionally established and permitted such suits.

DEFENDANTS' CONTENTIONS: Osemwingie and Ramiscal contended they were both entitled to government immunity. Osemwingie and Ramiscal denied plaintiff's contentions and denied having any knowledge of plaintiff's alleged back injuries or that a Hoyer lift was not supposed to be used.

Result

The court granted summary judgment in favor of defendants finding that plaintiff failed to demonstrate that Osemwingie and Ramiscal had prior knowledge of his chronic back condition, that use of the Hoyer lift was contraindicated by his back condition, and that his back was injured as a result of the manner in which the mechanical lift was used.

Other Information

Plaintiff appealed from the grant of summary judgment and order granting defendants' their costs.