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Roice v. County of Fulton

County, Nurses Granted Judgment in Detainee's §1983 Suit Claiming Medical Indifference

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MEMORANDUM-DECISION AND ORDERI. Introduction Plaintiff Adam Daniel Roice commenced this action, which includes claims under 42 U.S.C. §1983 and state law, against defendants Fulton County, Amy Gagne, Tina Atty, Jenna Graham, and Thomas Lorey. (Compl., Dkt. No. 1.) Roice alleges that defendants, in connection with his pretrial detention at the Fulton County Correctional Facility (FCCF), were deliberately indifferent to his serious medical needs in violation of the Fourteenth Amendment, implemented unconstitutional policies and practices, committed various forms of negligence, and inflicted emotional distress. (Id.

28-52.) Pending is Gagne’s motion for summary judgment, (Dkt. No. 62), and the remaining defendants’ (hereinafter “County defendants”) motion for summary judgment, (Dkt. No. 66). For the reasons that follow, both motions are granted.II. BackgroundA. Facts1From March to May 2014, Roice was incarcerated, as a pretrial detainee, at FCCF for charges of attempted arson in the second degree and petit larceny. (Gagne’s Statement of Material Facts (SMF) 1, Dkt. No. 62, Attach. 16; Dkt. No. 88, Attach. 13.) When he arrived at FCCF, Roice was told how to fill out a request form if he wanted to be seen for a medical issue. (County Defs.’ SMF 4, Dkt. No. 66, Attach. 3.) During his incarceration, Roice filled out such forms and was seen by nurses in the medical unit. (Id. 5.) He also received medication twice a day from a nurse and was able to speak with the nurse as to any complaints that he had. (Id.) At various times, Roice was seen by Atty and Graham, two registered nurses at FCCF. (Id. 6.) Roice was also seen by Gagne, a nurse practitioner working at FCCF pursuant to her employment at Eastern Medical Support. (Id. 7; Gagne’s SMF

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