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County Jail Not Liable for Failure to Treat Knee Injury
The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court
of Minnesota, held that a county jail was not liable for failure to
schedule an operation on a jail prisoner's knee injured by a jail guard.
Steven Blondheim was a prisoner at the Olmstead County Adult Detention
Center (OCADC) in Minnesota. While at OCADC he got into an altercation with
jail guards Paul Walech-Roth and Eric Strop. Strop kicked Blondheim's right
knee. The jail medical staff treated Blondheim's knee but he continued to
have problems. Subsequently, an MRI revealed that his anterior cruciatte
ligament (ACL) was torn and needed surgery.
Shortly after the ACL diagnosis, Blondheim was convicted of the charges for
which he was jailed and was transferred to the custody of the Department of
Corrections (DOC) for four years. OCADC did not forward Blondheim's medical
records to DOC, but DOC was aware of the diagnosis. Blondheim did not
receive the recommended surgery.
After release from prison, Blondheim sought surgery for his knee and
discovered that his condition had deteriorated. Blondheim sued the County
of Olmstead, OCADC, the guards and other officials for failure to treat his
knee and for failure to transfer his medical records. The district court
granted partial summary judgment to the defendants and a jury, following
trial, found for the defendants on all remaining counts. Blondheim appealed.
The Court of Appeals ruled that Blondheim failed to establish that his
treatment was deliberately indifferent to his serious medical need.
Further, the jury properly found for the county because Blondheim failed to
demonstrate that the county had a pattern, practice or policy of
deliberately ignoring serious medical needs. Blondheim argued that the
county had violated the ADA and state law by transferring him to prison
before he received the ACL surgery. The appeals court ruled this argument
was meritless. The appellate court also refused to consider OCADC's
liability in failing to transfer Blondheim's medical records to prison,
because the record showed that the prison was aware of, and provided some
treatment for, his knee injury. The Eight Circuit upheld the jury finding
in favor of the jail guards against Blondheim's claims of excessive force.
Finally, contrary to Blondheim's claim of ineffective assistance of
counsel, the appeals court held that a litigant has no right to effective
assistance of counsel in a civil case.
The summary judgment and jury verdict in favor of the defendants were
affirmed. This case is published in the Federal Appendix and is subject to
rules governing unpublished cases. See: Blondheim v County of Olmstead, 47
Fed.Appx. 786 (8th Cir. 2002).
of Minnesota, held that a county jail was not liable for failure to
schedule an operation on a jail prisoner's knee injured by a jail guard.
Steven Blondheim was a prisoner at the Olmstead County Adult Detention
Center (OCADC) in Minnesota. While at OCADC he got into an altercation with
jail guards Paul Walech-Roth and Eric Strop. Strop kicked Blondheim's right
knee. The jail medical staff treated Blondheim's knee but he continued to
have problems. Subsequently, an MRI revealed that his anterior cruciatte
ligament (ACL) was torn and needed surgery.
Shortly after the ACL diagnosis, Blondheim was convicted of the charges for
which he was jailed and was transferred to the custody of the Department of
Corrections (DOC) for four years. OCADC did not forward Blondheim's medical
records to DOC, but DOC was aware of the diagnosis. Blondheim did not
receive the recommended surgery.
After release from prison, Blondheim sought surgery for his knee and
discovered that his condition had deteriorated. Blondheim sued the County
of Olmstead, OCADC, the guards and other officials for failure to treat his
knee and for failure to transfer his medical records. The district court
granted partial summary judgment to the defendants and a jury, following
trial, found for the defendants on all remaining counts. Blondheim appealed.
The Court of Appeals ruled that Blondheim failed to establish that his
treatment was deliberately indifferent to his serious medical need.
Further, the jury properly found for the county because Blondheim failed to
demonstrate that the county had a pattern, practice or policy of
deliberately ignoring serious medical needs. Blondheim argued that the
county had violated the ADA and state law by transferring him to prison
before he received the ACL surgery. The appeals court ruled this argument
was meritless. The appellate court also refused to consider OCADC's
liability in failing to transfer Blondheim's medical records to prison,
because the record showed that the prison was aware of, and provided some
treatment for, his knee injury. The Eight Circuit upheld the jury finding
in favor of the jail guards against Blondheim's claims of excessive force.
Finally, contrary to Blondheim's claim of ineffective assistance of
counsel, the appeals court held that a litigant has no right to effective
assistance of counsel in a civil case.
The summary judgment and jury verdict in favor of the defendants were
affirmed. This case is published in the Federal Appendix and is subject to
rules governing unpublished cases. See: Blondheim v County of Olmstead, 47
Fed.Appx. 786 (8th Cir. 2002).
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Related legal case
Blondheim v. County of Olmstead
| Year | 2002 |
|---|---|
| Cite | 47 Fed.Appx. 786 (8th Cir. 2002). |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
[U] Blondeheim v. County of Olmsted, 47 Fed.Appx. 786 (8th Cir. 09/27/2002)
[1] UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
[2] No. 02-1055
[3] 47 Fed.Appx. 786, 2002
[4] September 27, 2002
[5] STEVEN H. BLONDHEIM, APPELLANT,
v.
COUNTY OF OLMSTED; STEVEN VONWALD; PAUL WALECH-ROTH; ERIC STROP, APPELLEES.
[6] Appeal from the United States District Court for the District of Minnesota.
[7] Before McMILLIAN, Fagg, and Bowman, Circuit Judges.
[8] The opinion of the court was delivered by: Per Curiam
[9] [UNPUBLISHED]
[10] Submitted: September 16, 2002
[11] Pretrial detainee Steven H. Blondheim's right knee was injured by Olmsted County Adult Detention Center (OCADC) guards Paul Walech-Roth and Eric Strop. Blondheim admits making disrespectful comments to the guards, but contends he was compliant with the guard's requests, and the guards had no reason to use physical force. The guards contend Blondheim challenged them to a physical altercation, so Strop kicked the inside of Blondheim's right knee, causing the knee to buckle and Blondheim to fall. Blondheim complained of discomfort and was treated by a nurse two days later. The nurse made an appointment for Blondheim to see a staff doctor, and prescribed ice, elevation, rest, use of a crutch and an Ace wrap. Blondheim saw the staff doctor the next day. The doctor diagnosed a ligament strain, prescribed Naprosyn, a knee brace, crutches and Tylenol as needed, and decided to re-examine Blondheim in 7 to 10 days. The staff doctor examined Blondheim seven days later, noting improvement.
[12] The staff doctor again examined Blondheim one month later, diagnosed a partial ligament injury, recommended strengthening exercises, and made an appointment for Blondheim to consult with an orthopedic surgeon. Later that month, an orthopedic surgeon from the Mayo Clinic evaluated Blondheim, recommended a physical therapy program, and recommended an MRI scan or exploratory surgery, with corrective surgery pending results of the MRI or exploratory surgery findings. Steven VonWald, Director of OCADC, approved funding for the MRI. The Mayo Clinic performed the MRI scan of Blondheim's knee. In the meantime, Blondheim was convicted on the charges for which he was incarcerated. Before the MRI results were communicated to Olmsted County, Olmsted County received a sentencing order for Blondheim's transfer to the Minnesota state Commissioner of Corrections. Blondheim was transferred to the custody of Minnesota state correctional authorities at Stillwater. Later, the orthopedic surgeon called OCADC and informed the nurse that Blondheim's anterior crutiate ligament (ACL) was torn and would require corrective surgery. Although the nurse agreed to forward the Mayo Clinic's results and recommendations to state corrections officials, OCADC did not forward Blondheim's medical records.
[13] Blondheim was incarcerated in state prison for four years. During that time, he received evaluations of his right knee by different doctors. Exercises were ordered and then discontinued. Doctor's notes indicate an awareness of the Mayo Clinic evaluation and Blondheim's assertion that he needed surgery, but the record does not show any attempt to obtain those records or implement the recommendations. After his release from prison, Blondheim contacted the orthopedic surgeon at the Mayo Clinic who performed his initial evaluation. A follow-up evaluation revealed Blondheim's knee had deteriorated, in part because the ACL was not repaired.
[14] Blondheim sued the Olmsted guards who injured him, Director VonWald, and Olmsted County under 42 U.S.C. § 1983 (2000), claiming excessive force, inadequate medical care, violations of the Americans with Disabilities Act (ADA), and state law violations. The district court *fn1 granted partial summary judgment in favor of VonWald on all claims, in favor of all defendants on failure to provide medical care claims, in favor of Olmsted County on all § 1983 claims, and in favor of all defendants on claims of violation of the ADA and Minnesota Human Rights Act (MHRA). Blondheim's claims of excessive use of force, assault, battery, and intentional infliction of emotional distress were tried to a jury. The jury returned a defense verdict on all claims, and the district court *fn2 dismissed all claims against the defendants. Blondheim now appeals pro se, seeking reversal of the partial summary judgment order and a new trial on all counts. In addition, Blondheim moved to add "Correctional Medical Services" and "Minnesota Correctional Facility Lino Lakes" as defendants, and moved for the appointment of a special master to hear evidence on his claims. Having reviewed the record de novo and considered the facts and all reasonable inferences that can be drawn from them in the light most favorable to Blondheim, we conclude the district court's grant of partial summary judgment was correct. Morris v. Crawford County, Ark., 299 F.3d 919, 921-22 (8th Cir. 2002).
[15] Like the district court, we conclude Blondheim's § 1983 claims against Olmsted County fail. To state a claim against a municipal entity, Blondheim must allege, and support with evidence, unconstitutional customs or policies. Blondheim offered no evidence of unconstitutional customs or policies sufficient to support a viable § 1983 claim against Olmsted County. Monell v. Dep't of Social Servs., 436 U.S. 658, 690 (1978).
[16] Blondheim's deliberate indifference claims also fail. The record shows defendants were not deliberately indifferent to Blondheim's serious medical needs. Robinson v. Hager, 292 F.3d 560, 563-64 (8th Cir. 2002). While detained at OCADC, Blondheim received the full range of medical care from Tylenol and an Ace bandage to a consult with an orthopedic surgeon and an MRI. We need not decide whether OCADC's failure to forward Blondheim's medical records was deliberate indifference, because the record shows the doctors at the Minnesota state correctional facilities were aware of the evaluation and recommendation for surgery. Because the doctors were aware of Blondheim's medical records and opted not to follow the recommendations, Blondheim cannot show the defendants' failure to forward the medical records harmed him. Id. at 564 (plaintiff must show cause of injury to establish prima facie case under § 1983).
[17] We further conclude summary judgment in favor of VonWald on all claims was proper. VonWald was not involved with the altercation that resulted in Blondheim's injury. VonWald's prompt transfer of Blondheim in response to the court's sentencing order complied with the law, thus Blondheim's contrary allegations are without merit. For the reasons discussed earlier, VonWald's participation in Blondheim's medical care, including authorization of payment for the MRI scan, did not show deliberate indifference to Blondheim's medical needs.
[18] Blondheim's ADA and MHRA claims fail for a number of reasons. See Somers v. City of Minneapolis, 245 F.3d 782, 788 (8th Cir. 2001) (using ADA law to analyze MHRA claims). Blondheim's claim he was transferred immediately so that Olmsted County could avoid funding his medical care in violation of the ADA is without merit. Blondheim had no right, under the ADA or otherwise, to be retained in county jail rather than be transferred in compliance with a court order. Also, Blondheim has not met any element of the prima facie case for an ADA claim. Dropinski v. Douglas County, Neb., 298 F.3d 704, 706-07 (8th Cir. 2002).
[19] Because Blondheim failed to move for a new trial in the district court, his complaints about the jury verdict are not preserved for review. Westcott v. Crinklaw, 133 F.3d at 658, 662 (8th Cir. 1998). Further, although Blondheim complains his attorney was ineffective for failing to call any of the twenty-three witnesses on the witness list, there is no constitutional or statutory right to effective assistance of counsel in a civil case. Taylor v. Dickel, 293 F.3d 427, 431 (8th Cir. 2002). We deny Blondheim's request for the appointment of a special master to take evidence about Blondheim's grievances with trial counsel and the defendants of this lawsuit. Available remedies for civil litigants include filing a grievance with the local bar association and filing a malpractice action against the attorney. Taylor, 293 F.3d at 431. A litigant is not entitled to a new trial simply because the litigant is dissatisfied with an unfavorable verdict. Because we deny Blondheim's request for a new trial, we dismiss his motion to add defendants to the suit.
[20] In conclusion, we affirm the partial grant of summary judgment for the reasons stated by the district court. We deny Blondheim's motions for a new trial and for appointment of a special master, and dismiss his motion to add defendants to the lawsuit.
--------------------------------------------------------------------------------
Opinion Footnotes
--------------------------------------------------------------------------------
[21] *fn1 The Honorable Michael J. Davis, United States District Judge for the District of Minnesota.
[22] *fn2 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota.
[1] UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
[2] No. 02-1055
[3] 47 Fed.Appx. 786, 2002
[4] September 27, 2002
[5] STEVEN H. BLONDHEIM, APPELLANT,
v.
COUNTY OF OLMSTED; STEVEN VONWALD; PAUL WALECH-ROTH; ERIC STROP, APPELLEES.
[6] Appeal from the United States District Court for the District of Minnesota.
[7] Before McMILLIAN, Fagg, and Bowman, Circuit Judges.
[8] The opinion of the court was delivered by: Per Curiam
[9] [UNPUBLISHED]
[10] Submitted: September 16, 2002
[11] Pretrial detainee Steven H. Blondheim's right knee was injured by Olmsted County Adult Detention Center (OCADC) guards Paul Walech-Roth and Eric Strop. Blondheim admits making disrespectful comments to the guards, but contends he was compliant with the guard's requests, and the guards had no reason to use physical force. The guards contend Blondheim challenged them to a physical altercation, so Strop kicked the inside of Blondheim's right knee, causing the knee to buckle and Blondheim to fall. Blondheim complained of discomfort and was treated by a nurse two days later. The nurse made an appointment for Blondheim to see a staff doctor, and prescribed ice, elevation, rest, use of a crutch and an Ace wrap. Blondheim saw the staff doctor the next day. The doctor diagnosed a ligament strain, prescribed Naprosyn, a knee brace, crutches and Tylenol as needed, and decided to re-examine Blondheim in 7 to 10 days. The staff doctor examined Blondheim seven days later, noting improvement.
[12] The staff doctor again examined Blondheim one month later, diagnosed a partial ligament injury, recommended strengthening exercises, and made an appointment for Blondheim to consult with an orthopedic surgeon. Later that month, an orthopedic surgeon from the Mayo Clinic evaluated Blondheim, recommended a physical therapy program, and recommended an MRI scan or exploratory surgery, with corrective surgery pending results of the MRI or exploratory surgery findings. Steven VonWald, Director of OCADC, approved funding for the MRI. The Mayo Clinic performed the MRI scan of Blondheim's knee. In the meantime, Blondheim was convicted on the charges for which he was incarcerated. Before the MRI results were communicated to Olmsted County, Olmsted County received a sentencing order for Blondheim's transfer to the Minnesota state Commissioner of Corrections. Blondheim was transferred to the custody of Minnesota state correctional authorities at Stillwater. Later, the orthopedic surgeon called OCADC and informed the nurse that Blondheim's anterior crutiate ligament (ACL) was torn and would require corrective surgery. Although the nurse agreed to forward the Mayo Clinic's results and recommendations to state corrections officials, OCADC did not forward Blondheim's medical records.
[13] Blondheim was incarcerated in state prison for four years. During that time, he received evaluations of his right knee by different doctors. Exercises were ordered and then discontinued. Doctor's notes indicate an awareness of the Mayo Clinic evaluation and Blondheim's assertion that he needed surgery, but the record does not show any attempt to obtain those records or implement the recommendations. After his release from prison, Blondheim contacted the orthopedic surgeon at the Mayo Clinic who performed his initial evaluation. A follow-up evaluation revealed Blondheim's knee had deteriorated, in part because the ACL was not repaired.
[14] Blondheim sued the Olmsted guards who injured him, Director VonWald, and Olmsted County under 42 U.S.C. § 1983 (2000), claiming excessive force, inadequate medical care, violations of the Americans with Disabilities Act (ADA), and state law violations. The district court *fn1 granted partial summary judgment in favor of VonWald on all claims, in favor of all defendants on failure to provide medical care claims, in favor of Olmsted County on all § 1983 claims, and in favor of all defendants on claims of violation of the ADA and Minnesota Human Rights Act (MHRA). Blondheim's claims of excessive use of force, assault, battery, and intentional infliction of emotional distress were tried to a jury. The jury returned a defense verdict on all claims, and the district court *fn2 dismissed all claims against the defendants. Blondheim now appeals pro se, seeking reversal of the partial summary judgment order and a new trial on all counts. In addition, Blondheim moved to add "Correctional Medical Services" and "Minnesota Correctional Facility Lino Lakes" as defendants, and moved for the appointment of a special master to hear evidence on his claims. Having reviewed the record de novo and considered the facts and all reasonable inferences that can be drawn from them in the light most favorable to Blondheim, we conclude the district court's grant of partial summary judgment was correct. Morris v. Crawford County, Ark., 299 F.3d 919, 921-22 (8th Cir. 2002).
[15] Like the district court, we conclude Blondheim's § 1983 claims against Olmsted County fail. To state a claim against a municipal entity, Blondheim must allege, and support with evidence, unconstitutional customs or policies. Blondheim offered no evidence of unconstitutional customs or policies sufficient to support a viable § 1983 claim against Olmsted County. Monell v. Dep't of Social Servs., 436 U.S. 658, 690 (1978).
[16] Blondheim's deliberate indifference claims also fail. The record shows defendants were not deliberately indifferent to Blondheim's serious medical needs. Robinson v. Hager, 292 F.3d 560, 563-64 (8th Cir. 2002). While detained at OCADC, Blondheim received the full range of medical care from Tylenol and an Ace bandage to a consult with an orthopedic surgeon and an MRI. We need not decide whether OCADC's failure to forward Blondheim's medical records was deliberate indifference, because the record shows the doctors at the Minnesota state correctional facilities were aware of the evaluation and recommendation for surgery. Because the doctors were aware of Blondheim's medical records and opted not to follow the recommendations, Blondheim cannot show the defendants' failure to forward the medical records harmed him. Id. at 564 (plaintiff must show cause of injury to establish prima facie case under § 1983).
[17] We further conclude summary judgment in favor of VonWald on all claims was proper. VonWald was not involved with the altercation that resulted in Blondheim's injury. VonWald's prompt transfer of Blondheim in response to the court's sentencing order complied with the law, thus Blondheim's contrary allegations are without merit. For the reasons discussed earlier, VonWald's participation in Blondheim's medical care, including authorization of payment for the MRI scan, did not show deliberate indifference to Blondheim's medical needs.
[18] Blondheim's ADA and MHRA claims fail for a number of reasons. See Somers v. City of Minneapolis, 245 F.3d 782, 788 (8th Cir. 2001) (using ADA law to analyze MHRA claims). Blondheim's claim he was transferred immediately so that Olmsted County could avoid funding his medical care in violation of the ADA is without merit. Blondheim had no right, under the ADA or otherwise, to be retained in county jail rather than be transferred in compliance with a court order. Also, Blondheim has not met any element of the prima facie case for an ADA claim. Dropinski v. Douglas County, Neb., 298 F.3d 704, 706-07 (8th Cir. 2002).
[19] Because Blondheim failed to move for a new trial in the district court, his complaints about the jury verdict are not preserved for review. Westcott v. Crinklaw, 133 F.3d at 658, 662 (8th Cir. 1998). Further, although Blondheim complains his attorney was ineffective for failing to call any of the twenty-three witnesses on the witness list, there is no constitutional or statutory right to effective assistance of counsel in a civil case. Taylor v. Dickel, 293 F.3d 427, 431 (8th Cir. 2002). We deny Blondheim's request for the appointment of a special master to take evidence about Blondheim's grievances with trial counsel and the defendants of this lawsuit. Available remedies for civil litigants include filing a grievance with the local bar association and filing a malpractice action against the attorney. Taylor, 293 F.3d at 431. A litigant is not entitled to a new trial simply because the litigant is dissatisfied with an unfavorable verdict. Because we deny Blondheim's request for a new trial, we dismiss his motion to add defendants to the suit.
[20] In conclusion, we affirm the partial grant of summary judgment for the reasons stated by the district court. We deny Blondheim's motions for a new trial and for appointment of a special master, and dismiss his motion to add defendants to the lawsuit.
--------------------------------------------------------------------------------
Opinion Footnotes
--------------------------------------------------------------------------------
[21] *fn1 The Honorable Michael J. Davis, United States District Judge for the District of Minnesota.
[22] *fn2 The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota.