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Donny Y. Earp v. County of Tulare

March 28, 2012

DONNY Y. EARP,
PLAINTIFF,
v.
COUNTY OF TULARE, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT (ECF No. 22)

CLERK OF COURT IS DIRECTED TO ENTER JUDGMENT AND CLOSE ACTION

Plaintiff Donny Y. Earp, a former detainee at the Tulare County Jail*fn1 ("Jail"), filed this civil rights action on February 3, 2011 pursuant to 42 U.S.C. § 1983. In it he claims a denial of medical care in deliberate indifference to his serious medical needs in violation of the Eighth Amendment. He names County of Tulare and its employee Physician's Assistant Henry as Defendants. (ECF No. 1.)

Defendant County of Tulare filed its Answer on April 25, 2011 (ECF No. 6), Defendant Henry answered on June 30, 2011. (ECF No. 11.)

The parties have consented to Magistrate Judge jurisdiction for all purposes. (ECF No. 10.)

Now before the Court is Defendants' Motion for Summary Judgment/Adjudication filed pursuant to Federal Rules of Civil Procedure, Rule 56. (ECF No. 22.)

Plaintiff's opposition documents were filed on February 24, 2012 (ECF Nos. 31-37.) Defendants' Reply documents and Objections were filed on March 9, 2012. (ECF Nos. 41-43.)

The parties appeared through their attorneys and argued their respective positions before the undesigned on March 23, 2012.

I. FACTS

The facts, viewed in the light most favorable to Plaintiff, are as follows: On December 11, 2009, Plaintiff underwent surgical pin fixation of a broken right hand and placement of the hand in a hard cast. (Plaintiff's Statement of Disputed & Undisputed Facts, Facts 4-5, ECF 32.)

On January 6, 2010 Plaintiff was arrested. (Id. Fact 7.) While detained he complained of generalized weakness. (Id.) He was evaluated at the Kaweah Delta District Hospital Emergency Department and cleared for booking into the Jail on January 7, 2010. (Id.)

He visited the Jail infirmary on January 7th, and again on January 8th, 12th, 15th, 19th and 20th, receiving treatment for diabetes and a cold, and pain medication for his right hand. (Id. Facts 9-17.)

During the January 20th visit, Plaintiff was given additional pain medication. (Id. Fact 19.)

By January 23rd Plaintiff's right hand was red, swollen, and warm, and he was given antibiotics for the ...


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