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Royalton Mccamey v. Furmer

February 13, 2013

ROYALTON MCCAMEY,
PLAINTIFF,
v.
FURMER, ET AL., DEFENDANTS.



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

FINDINGS AND RECOMMENDATIONS

Plaintiff, a 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. 42).

A. Plaintiff's Allegations

I. BACKGROUND

Plaintiff claims:

While in custody in the Yolo County Jail, I showed Dr. Furmer. . ., Dr. Douglas and nurse practitioner Ms. Lee my recent MRI results. Dr. Douglas said and I quote "You do need surgery, but it doesn't say when." Dr. Furmer said the sheriff dept. doesn't want to pay for my surgery. Nurse practitioner Ms. Lee denied me the adequate medication that was just prescribed to me by my doctor at the Dixon Family Practice, Dr. Xu. Dr. Xu had just had me in his office, looked at my MRI and said I need Vicodin to cure me of the kind of pain my injuries would give. Also, Dr. Jennifer Orland San Francisco General Hospital prescribed me Tylenol Codien #4 yet nurse practitioner Ms. Lee wouldn't allow me those meds. She insisted that I take the inadequate pain medication they were prescribing in the jail. . . .

Plaintiff then describes injuries to his shoulder, knee, and finger. He continues as follows:

. . .These medical professionals didn't even put a splint on my finger, nor did they provide me with a walking apparatus or a shoulder sling for my shoulder. Being denied adequate medication caused pain and suffering, emotional stress that caused me many nights of [lost] sleep.

Defendant Lilly Chan was erroneously sued as "Ms. Lee" and defendant James Firman was erroneously sued as "Dr. Furmer."

B. The Parties' Evidence

Defendants state that the following facts are undisputed:

1. The clinical observations reported by defendant Chan (erroneously sued as "Ms. Lee") and observations of plaintiff on August 20, 2010, were consistent with the clinical observations recorded prior to plaintiff's incarceration.

2. The records from plaintiff's medical treatment prior to incarceration contain no recommendation for surgical intervention and are consistent with the ...


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