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Dwayne Eichler v. G. Sturges*Fn1

September 2, 2011

DWAYNE EICHLER,
PLAINTIFF,
v.
G. STURGES*FN1 , ET AL., DEFENDANTS.



The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants' motion for summary judgment (Doc. 133).*fn2

I. BACKGROUND

This action proceeds on plaintiff's amended complaint filed on September 25, 2007. Plaintiff claims deliberate indifference to his serious dental needs, in violation of the Eighth Amendment. Defendants' evidence in support of summary judgment consists of their declarations and excerpts from plaintiff's medical records attached thereto as exhibits. According to defendants, the undisputed facts show as follows:

Defendant Duckett

1. Defendant Duckett, a prison dentist, conducted a routine examination of plaintiff's teeth on December 7, 2000, consisting of cleaning, scaling, and root plaining.

2. During this examination, Dr. Duckett did not detect any cavities.

3. The examination revealed that plaintiff displayed good oral hygiene. Defendant Stogsdill

4. Defendant Stogsdill, a prison dentist, examined plaintiff's teeth on July 17, 2001, on an emergency basis for a possible abscessed tooth.

5. The examination revealed that plaintiff did not have an abscessed tooth but that he was experiencing pain as a result of over brushing and root sensitivity.

6. Plaintiff was prescribed Motrin for pain.

Defendant Morris

7. On December 11, 2003, defendant Morris, a prison dentist, performed a routine dental examination.

8. During this examination, Dr. Morris scaled the four quadrants of plaintiff's mouth and advised plaintiff as to proper methods of self care.

9. Dr. Morris performed another examination on April 22, 2004.

10. During this examination, Dr. Morris obtained imprints of plaintiff's tooth 28 and noted that it had severe bone loss and appeared to be ...


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