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Minor v. Barwick11/25/2003
don't give a fuck whether you live or die. There's more where you came from." Other security personnel heard Minor say that he did not care if Barwick died, or "well die, you little S.O.B." Minor denied making any such statements. Davenport then told Minor that it was important for medical personnel to examine Barwick. Minor called Bailey at home, and Bailey stated that medical personnel would examine Barwick. Bailey then called Jones and ordered that Barwick be seen.
Carter was sent to examine Barwick. He twice denied taking an overdose of Tylenol. Carter took Barwick's blood pressure and Davenport commented that it was low. There is some evidence that Carter responded that Barwick's blood pressure was not dangerously low, but she denied making any such statement. After further examination, Carter concluded that Barwick was fine. According to Davenport, he protested that Barwick needed to be hospitalized because he was lethargic, his eyes were dilated, and his blood pressure was low. Carter said she would not recommend that Barwick be transported out of Phillips. At this point, Minor said, "I'm done with it, I'm gone[,]" and left the room. Davenport asked Carter to take Barwick to the medical section for observation, but Carter refused. Carter denied that Davenport protested in any manner after she assessed Barwick.
Carter then called her supervising nurse, Angela Chandler. There is some evidence that Carter told Chandler of her assessment and recommended that Barwick not be transported out of the prison, but merely monitored. Carter denied that she made any recommendation regarding transport; rather, Carter relied on Chandler because she did not have the authority to order a transport. Chandler told Carter to tell security personnel to monitor Barwick. Carter relayed this message and told Davenport to put Barwick to bed. There is no evidence that Barwick requested medical treatment or to be transferred out of Phillips. Carter left, and Davenport asked Barwick why he took the pills. Barwick again responded that he wanted to die. Barwick told Davenport that he had read about overdosing in the prison library and knew that he would die in a few days.
Barwick was put to bed and security personnel allegedly checked on him throughout the night. When asked, Barwick told one guard that he was feeling fine. Before her shift ended, Davenport called one of the guards and asked him to check on Barwick. The guard said that Barwick was breathing but did not look well and was not acting appropriately. Believing she had done everything she could at that time, Davenport took no further action.
At 5:30 a.m. on September 30, 2002, Barwick told a prison guard that he was not feeling well, that he was having stomach pains, and that he had taken 110 Tylenol pills. The prison guard relayed this information to medical personnel. A short time later, Nurse Gilbert Vishino arrived to examine Barwick. Vishino found Barwick in a fetal position in bed. Barwick told Vishino that he wanted to die but did not think it would be so painful. Barwick agreed to go to the medical section. Vishino called Dr. Kenneth Sanford, a MCG employee, and apprised him of the situation. Dr. Sanford initially ordered observation but then changed his mind and ordered that Barwick be transferred to the hospital. Barwick died in the hospital at 7:15 p.m. on October 3, 1998, of acetaminophen poisoning.
1. Section 1983. Minor and Carter contend that the trial court erred in denying their motion for summary judgment on plaintiffs' 42 USC ยง 1983 claim because there is no evidence that they were subjectively aware of the overdose or Barwick's need for medical care, and, therefore, could not have acted with deli
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