Free Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 238

Filed 03/01/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming, and Jason Coolidge, by and through their attorneys, Pryor Johnson Carney Karr Nixon, P.C., and submit the following Motion for Summary Judgement: 1. Plaintiff alleges that while he was a resident a Centennial Community Transition

Center ("CCTC"), he suffered from physical harm as a result of taking Antabuse, a drug that is prescribed to deter the consumption of alcohol. Plaintiff alleges that the administration of Antabuse constituted cruel and unusual punishment under the Eighth Amendment. Plaintiff also asserts the state law claims of negligence, intentional infliction of emotional distress, and medical malpractice. See Plaintiff's Complaint, attached as Exhibit A to the accompanying memorandum brief.

Case 1:03-cv-02319-WDM-MJW

Document 238

Filed 03/01/2006

Page 2 of 3

2.

Defendants move for summary judgment as no reasonable juror could find that

Defendants were deliberately indifferent to any serious medical needs of Plaintiff under 42 U.S.C. § 1983. As set forth in the accompanying memorandum brief and the exhibits attached thereto, it is undisputed that Plaintiff received only six doses of Antabuse while he was a resident at CCTC and never complained of any physical harm as a result of the Antabuse treatment such that any of the Defendants were made aware of any serious medical harm and deliberately chose to ignore it. It is also undisputed that, given the amount of Antabuse Mr. Wallin received while he was a resident at CCTC, that he would have suffered any serious physical reaction absent the consumption of alcohol. See Exhibit E, Report of Javier Waksman, M.D., attached to the accompanying memorandum brief. 3. Should the Court dismiss Plaintiff's §1983 claim, Defendants respectfully request

that the Court dismiss the remaining state law claims as there is no compelling reason to exercise supplemental jurisdiction as to these claims. Alternatively, should the Court elect to exercise supplemental jurisdiction on the state law claims, they should each be dismissed as there is no genuine dispute that Plaintiff cannot prevail on his claims of negligence, intentional infliction of emotional distress, and medical malpractice. 4. Defendants adopt as though set forth fully herein the memorandum brief, and

accompanying exhibits, filed herewith. WHEREFORE, Defendants respectfully, for the reasons set forth herein and in the memorandum brief submitted herewith, submit that there are no genuine issues of material fact to be resolved, and that Defendants are entitled to summary judgment as a matter of law. Defendants request that this Court enter judgment on their behalf on Plaintiff's claims.

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Case 1:03-cv-02319-WDM-MJW

Document 238

Filed 03/01/2006

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Respectfully submitted this 1st day of March, 2006.

s/Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 ATTORNEYS FOR CMI, KIM DEMPEWOLF, MARYE DEMING AND JASON COOLIDGE

CERTIFICATE OF SERVICE I hereby certify that on the 1st day of March, 2006, a true and correct copy of the foregoing was served via electronic filing, addressed to: Oloyea D. Wallin Reg. No. 111389 AVCF Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034 Billy-George Hertzke, Esq. SENTER , GOLDFARB & RICE , LLC 1700 Broadway, Suite 1700 Denver, Colorado 80290

s/Laura Buckingham Laura Buckingham on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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