Chappelle v. Campbell et al, No. 1:2021cv00863 - Document 58 (E.D. Va. 2023)
Court Description: MEMORANDUM OPINION and ORDER that Defendant Dr. Campbell's motion for summary judgment [Dkt. No. 44] is DENIED (see Order for further details). Signed by District Judge Rossie D. Alston, Jr on 11/29/2023. (swil)
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Chappelle v. Campbell et al Doc. 58 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Vernon R. Chappelie, Sr., Plaintiff, I:21cv863(RDA/JFA) V. Dr. Charles Campbell,et aLy Defendants. MEMORANDUM OPINION and ORDER Vemon R. Chappelie, Sr. ("Chappelie" or "Plaintiff), a Virginia inmate proceeding pro se, filed a civil rights action under 42 U.S.C. § 1983. [Dkt. No. 1]. The matter was screened pursuant to 28 U.S.C.§ 1915A,and plaintiff was granted leave to file an amended complaint.[Dkt. No. 1]. Plaintiff filed an amended complaint alleging a violation of his Eighth Amendment rights because the defendants were deliberately indifferent to plaintiffs serious medical need (dupuytren contracture). [Dkt. No. 8 at 4]. On January 5, 2023, the Court granted Defendants Clarke and Watson's Motion to Dismiss [Dkt. Nos. 27, 28], as well as Defendants Allen and Searleman's Motion to Dismiss.[Dkt. Nos. 29, 30]. Dr. Campbell's Motion to Dismiss was denied because the amended complaint alleged Plaintiffs condition worsened over time due to Dr. Campbell's refusal to treat his dupuytren contracture. [Dkt. No. 29 at 10]. Defendant Dr. Campbell has now moved for summary judgment, supported by a brief and a declaration. [Dkt. Nos. 44, 46]. Plaintiff has exercised his right to file responsive materials to the motion to dismiss pursuant to Roseboro v. Garrison,528 F.2d 309(4th Cir. 1975).[Dkt. Nos. 54-56]. For the reasons that follow,the motion for summary judgment must be denied. Dockets.Justia.com
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