Judge Raymond Dearie
Ford sued prison officials based on injuries sustained after ingesting glass in a July 2009 meal at Brooklyn’s Metropolitan Detention Center. Despite deeming administrative remedies exhausted, the court dismissed Ford’s lawsuit. His Eighth Amendment claim did not raise issues as to defendants’ responsibility for the glass. Nor did Ford raise a fact issue over “actual depriv[ation] of adequate medical care.” He did not dispute that within minutes of ingesting the glass he was examined by a physician’s assistant (PA), and the next morning saw a second PA who, despite determining that he did not seriously need medical attention, arranged to have Ford taken to a doctor who confirmed the PA’s observations. In granting defendants summary judgment on Ford’s state tort claims for medical malpractice and negligence under the Federal Tort Claims Act the court found that Ford did not raise a factual question as to the doctor or Pas breached New York’s standard of care o that any of their acts or omissions injured Ford. Ford was promptly seen, examined, tested, medicated, and cleared of any internal injuries that might have resulted from ingesting glass. Subsequently seen 10 times over the next nine months, Ford again received prompt and thorough treatment.
