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Michael Fausett v. Leblanc

April 12, 2011

MICHAEL FAUSETT,
PLAINTIFF,
v.
LEBLANC, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Roger L. Hunt Chief United States District Judge

Motion for Summary Judgment--#101;

Motion for Summary Judgment--#109;

Motion for Summary Judgment--#110;

Motion for Summary Judgment--#111)

ORDER

Before the Court is Defendants LeBlanc, Nale, Martinez, Galloway, and Naseer's Motion for Summary Judgment (#101, filed Dec. 20, 2010). The Court has also considered Plaintiff Michael Fausett's Opposition (#122, filed Feb. 15, 2011), and Defendants' Reply (#128, filed Feb. 22, 2011).

Also before the Court is Plaintiff Fausett's Motion for Summary Judgment (#109, filed Dec. 22, 2010) against Defendant LeBlanc. The Court has also considered Defendant Leblanc's Opposition (#120, filed Feb. 14, 2011), and Fausett's Reply (#133, filed Mar. 17, 2011).

Also before the Court is Plaintiff Fausett's Motion for Summary Judgment (#110, filed Dec. 22, 2010) against Defendant Nale. The Court has also considered Defendant Nale's Opposition (#118, filed Feb. 10, 2011). Fausett did not reply.

Finally, before the Court is Fausett's Motion for Summary Judgment (#111, filed Dec. 22, 2010) against Defendant Martinez. The Court has also considered Defendant Martinez's Opposition (#119, filed Feb. 14, 2011), and Fausett's Reply (#133, filed Mar. 17, 2011).

BACKGROUND

Plaintiff Michael Fausett is a prison inmate at Mule Creek State Prison ("MCSP") in Ione, California. Defendants LeBlanc and Martinez are registered nurses at MCSP and Defendants Nale, Galloway, and Naseer are doctors at MCSP. In late 2006, an MRI of Fausett's lower back showed severe degenerative disk disease between the fourth and fifth lumbar vertebrae. Accordingly, on July 10, 2007, Fausett was transported to the University of California Davis for posterior lumbar interbody fusion surgery, a procedure whereby the disc between the vertebrae is removed and bone morrow is inserted in its place to cause the two vertebrae to fuse together. Following surgery, Fausett began to recuperate at U.C. Davis until he was deemed stable to be discharged back to prison. On July 20, therefore, Fausett returned to MCSP. Upon discharge, Dr. J. Paul Muizelaar, Fausett's attending physician at U.C. Davis, ordered certain activity restrictions, including no heavy lifting or strenuous activity, as well as certain pain medications. Each of the Defendants were, in some way or another, involved with Fausett's post-surgical treatment after he returned to MCSP.

On July 25, 2008, Fausett filed suit under 42 U.S.C. § 1983, alleging Defendants were deliberately indifferent to his post-surgical medical needs in violation of the Eighth and Fourteenth Amendments to the United States Constitution. Specifically, Fausett claims that Defendants have caused him physical and emotional harm by ignoring Dr. Muizelaar's orders and by continuously failing to attend to his ongoing medical needs. In December 2010, Defendants filed a motion for summary judgment, which Fausett followed with three motions for summary judgment of his own against Defendants LeBlanc, Nale, and Martinez. For the reasons discussed below, the Court grants Defendants' motion and denies Fausett's motions.

DISCUSSION

I. Summary Judgment ...


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