Herrera v. Ohai et al, No. 1:2020cv00227 - Document 57 (E.D. Va. 2022)
Court Description: MEMORANDUM OPINION in re motions for summary judgment (30 & 46). Signed by District Judge Liam O'Grady on 02/28/2022. (dvanm)
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Herrera v. Ohai et al Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 1 of 14 PageID# 577 Doc. 57 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Antonio Herrera, Plaintiff, I:20cv227(LO/TCB) Dr. Ohai, aL, Defendants. MEMORANDUM OPINION Antonio Herrera, a Virginia inmate, has sued Dr. Paul Ohai, registered nurse (R.N.) Danielle L. Bland,and nurse practitioner(N.P.) Mary Ellen Tormey,claiming that they provided him with constitutionally deficient medical care while he was confined at Buckingham Correctional Center(BCC). S^42 U.S.C. ยง 1983. Defendants move for summary judgment. [Dkt. Nos. 30,46]. Herrera has received the notice required by Local Civil Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975), and he opposes the motions.[Dkt. No. 35]. Because the undisputed evidence demonstrates that defendants are entitled to Judgment as a matter oflaw, the Court will grant defendants' motions for summary judgment. I. Background Herrera filed this civil action on February 17,2020. At the time he was incarcerated at BGC. He was transferred there on August 21,2019,from Sussex 1 State Prison, where he had been attacked five weeks earlier, on July 15,2019, and had seriously injured his hand and arm after sustaining multiple stab wounds. This lawsuit centers on the medical care he received at BCC after he arrived there on August 21,2019, up until he was transferred to Sussex II State Prison less than a year later, on May 26,2020. As outlined below, the parties principally dispute the appropriate course of treatment for Herrera's injuries. Dockets.Justia.com Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 2 of 14 PageID# 578 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 3 of 14 PageID# 579 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 4 of 14 PageID# 580 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 5 of 14 PageID# 581 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 6 of 14 PageID# 582 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 7 of 14 PageID# 583 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 8 of 14 PageID# 584 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 9 of 14 PageID# 585 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 10 of 14 PageID# 586 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 11 of 14 PageID# 587 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 12 of 14 PageID# 588 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 13 of 14 PageID# 589 Case 1:20-cv-00227-LO-TCB Document 57 Filed 02/28/22 Page 14 of 14 PageID# 590
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