United States District Court, D. Idaho
JIMMY C. MOORE, Plaintiff,
CORIZON HEALTH SERVICES, IDAHO DEPARTMENT OF CORRECTIONS, MURRAY YOUNG and JOHN MIGLIORI Defendants.
MEMORANDUM DECISION AND ORDER
LYNN WINMILL, CHIEF U.S. DISTRICT COURT JUDGE.
Court has before it a motion for summary judgment filed by
defendants, along with a number of motions filed by
plaintiff. The motions are fully briefed and at issue. For
the reasons explained below, the Court will grant the motion
for summary judgment and deny the motions filed by plaintiff.
Moore, an inmate incarcerated with the Idaho Department of
Corrections, (IDOC) filed this lawsuit against various health
care providers at the prison, claiming that they were
deliberately indifferent to his medical conditions. Moore
complains that he was in pain from knee and shoulder
problems, and that the defendants repeatedly denied his
requests for surgery to alleviate the pain. Following an
Initial Review Order, Moore's remaining claims are that
defendants Drs. Young and Migliori were deliberately
indifferent to his knee and shoulder problems.
first started complaining of pain in both shoulders and his
left knee in September of 2015. His medical records show that
he had surgery to repair a torn rotator cuff on his left
shoulder in 1989 and again in 2013, and the same surgery on
his right shoulder in 2013 and 2014.
first two months of his incarceration at the IDOC, Moore was
treated by a Physician's Assistant and two Nurse
Practitioners. They found that (1) Moore demonstrated a full
range of motion in his shoulders; (2) x-rays of his shoulders
showed an impingement - that is a rubbing between tendon and
bone - and degenerative changes; (3) inflammation and the
consequent pain would be reduced by a corticosteroid shot
(Kenalog); and (4) conservative treatment including physical
therapy was indicated rather than surgery. Moore refused any
conservative treatment and demanded surgery.
was first seen by defendant Dr. Migliori on November 9, 2015.
Dr. Migliori is employed by Corizon as a medical doctor at
the prison. See Dr. Migliori Declaration (Dkt. No.
25-3) at p. 2. On that day, Moore complained of shoulder
pain; there was no treatment requested or given for knee
pain. Moore believed his rotator cuffs had been torn during
his arrest and he wanted surgery to repair the injuries. Dr.
Migliori responded that surgery was not the best option until
more conservative treatment options - like physical therapy,
intra-articular steroid injections, and pain medications -
were tried. Id. at ¶ 11. Dr. Migliori based
this opinion on the fact that Moore could perform the
activities of daily life, and that Moore's prior shoulder
surgeries made it less likely that surgery would be
successful. Id. Moore rejected the option of
pursuing conservative treatments.
returned to Dr. Migliori about three months later, again for
shoulder pain. Moore wanted an MRI of his shoulders and
surgery on his rotator cuffs, but Dr. Migliori again
recommended conservative treatment for the same reasons. In
addition, Moore suffered from malignant hyperthermia, a rare
disorder that produces a dangerous reaction to general
anesthesia, causing high body temperature, severe muscle
spasms, and a fast heart rate. Id. at ¶ 13. Dr
Migliori concluded that “[w]hile Mr. Moore's
susceptibility to malignant hypothermia did not categorically
rule out surgical intervention, it was an additional reason
to first try conservative treatment options.”
Id. In both visits, Dr. Migliori prescribed Tylenol,
the only pain medication he would take.
this visit, Dr. Migliori consulted (by telephone) with
defendant Dr. Murray Young, about Moore's shoulder
problems. Dr. Young was then Corizon's Regional Medical
Director and the supervisor of Dr. Migliori. Id. at
¶ 12. Based on the information Dr. Young received from
Dr. Migliori, Dr. Young agreed that conservative treatment
should be attempted first. See Young Declaration (Dkt.
No. 25-8) at ¶ 6.
the next nine months, Moore was seen dozens of times by six
different health care providers for his knees and shoulders.
The result was the same: Moore demanded surgery and rejected
the recommendations that conservative treatment - including
physical therapy and corticosteroid injections - must be
attempted first. The providers all noted that Moore
gesticulated in anger with no apparent pain, took his shirt
off with no obvious pain or range-of-motion difficulty, and
continued to be able to perform his activities of daily
living. Migliori Declaration, supra at ¶ 16.
November of 2016, Moore finally agreed to meet with a
physical therapist. He went to four sessions before the
therapist determined that Moore was not a good candidate for
physical therapy due to his unwillingness to participate.
Id. at ¶ 21.
December of 2016, Moore was referred to an orthopedist, Dr.
Homaechevarria. (Id. at ¶ 22). Dr.
Homaechevarria prescribed corticosteroid injections every
four to six months in his knee, with further follow up if
that treatment is unhelpful. Although Moore had rejected such
injections when they were recommended by Corizon health care
providers, he accepted them from Dr. Homaechevarria. Dr.
Homaechevarria did an MRI of Moore's shoulder and it
confirmed a rotator cuff tear. See Medical Records (Dkt.
was then referred to another orthopedic surgeon, Dr. Roman
Schwartsman, for evaluation of surgical options on
Moore's shoulder. Dr. Schwartsman stated that they could
proceed with a surgical option, but that the surgery may very
well not be successful ...