Lassiter Jr v. Davis et al, No. 1:2019cv00889 - Document 45 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER - ORDERED that defendants' motion for summary judgment Dkt. No. 24 be and is GRANTED; and it is further ORDERED that plaintiffs motion for default judgment Dkt. No. 44 be and is DENIED; and it is further ORDERED that this civil action be and is DISMISSED. Signed by District Judge Liam O'Grady on 6/8/2021. (ahas)
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Lassiter Jr v. Davis et al Doc. 45 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Randy Lee Lassiter, Jr., PiaintifT, ) ) V. ) ) l:19cv889(LO/TCB) ) Sergeant T. Davis, et aL, Defendants. ) ) MEMORANDUM OPINION & ORDER Defendants, Officer Keisha Govia and Sergeant Ernest Kelly, move for summary judgment in this civil action claiming that the officers acted with deliberate indifference to plaintiff Randy Lassiter's serious medical needs while he was confined pretrial at Rappahannock Regional Jail(RRJ). See 42 U.S.C. ยง 1983;[Dkt. No. 24]. Lassiter, who is proceeding pro se, has received the notice required by Local Civil Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975)[Dkt. No. 24], and he opposes defendants' motion [Dkt. No. 32].' Because the undisputed facts demonstrate that the defendants did not interfere with Lassiter's nutritional needs, as alleged, defendants' motion will be granted. I. Background The operative complaint claims that Officer Govia and Sergeant Kelly acted with deliberate indifference to Lassiter's serious medical need when,from April 23,2019,through May 7,2019, they denied him doctor-prescribed Ensure drinks while hisjaw was wired shut after surgery to mend his broken jaw.[Dkt. No.9, Second Amended Compl.]. In particular. 'Lassiter also moves for default judgment against Dr. Moreno.[Dkt. No. 44]. The claims against Dr. Moreno have already been dismissed without prejudice imder Federal Rule of Civil Procedure 4(m).[Dkt. No. 40]. The motion therefore will be denied as moot. Dockets.Justia.com
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