District Judge Kenneth M. Karas

 

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During his 2013 dental evaluation, dentist Skinner found four of Westchester County Jail inmate Canady’s teeth in need of treatment. Canady declined treatment. In 2014 Skinner found four more teeth with cavities. Canady agreed to treatment. After a follow-up visit, he refused scheduled dental treatment “because of pain.” Transferred to the Queens Private Detention Center in May 2014, Canady continued to feel pain after fillings that Skinner did were replaced. In an April 2015 annual evaluation, the dentist found “no decay in any of [Canady's] teeth.” Canady’s action under 42 USC §1983 sought an injunction against unnecessary medical procedures on Westchester County Jail inmates. The court granted Correct Care Solutions and Skinner summary judgment. Canady failed to allege that they ignored his dental needs. In dismissing suit as against the Westchester County defendants, the court noted that Canady neither described any official municipal policy or practice, nor alleged any individual took action pursuant to official policymaking authority. Also, because jail sergeant Roberts “did not violate clearly established laws” he was entitled to qualified immunity and Canady’s claims against him were dismissed.