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Sweatt v. Compton9/6/2001
ASSIGNED ON BRIEFS MAY 15, 2001
This appeal arises from a specialist physician's recommendation that the Appellant, an inmate, undergo nasal surgery. The Utilization Review Committee of the Tennessee Department of Correction denied the Appellant's recommended surgery. The Appellant filed a complaint against the Appellees, prison employees of the Lake County Regional Correctional Facility, alleging federal constitutional violations, negligence, and medical malpractice. The Appellees filed a motion for summary judgment. The trial court granted the motion for summary judgment. On appeal, this Court reversed the grant of summary judgment in favor of the Appellees on the Eighth Amendment claim that arose out of the delay in the recommended surgery and remanded for further discovery. This Court affirmed the grant of summary judgment in favor of the Appellees on all other claims.
The trial court permitted the parties to conduct further discovery on the Eighth Amendment claim concerning the delay in the recommended surgery. The trial court granted summary judgment to the Appellees. The Appellant appeals the trial court's grant of summary judgment in favor of the Appellees. For the reasons stated herein, we affirm the trial court's decision.
Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Circuit Court Affirmed
Alan E. Highers, J., delivered the opinion of the court, in which David R. Farmer, J., and Holly Kirby Lillard, J., joined.
OPINION
I. Facts and Procedural History
The Appellant, Antonio L. Sweatt ("Mr. Sweatt"), is an inmate at the Lake County Regional Correctional Facility in Tiptonville, Tennessee. During his incarceration, Mr. Sweatt suffered from a history of medical problems, including sinus problems, a breathing disorder, frequent nose bleeds, migraine headaches, and structural abnormalities in the nose. In January, 1996, Mr. Sweatt was transported to the Special Needs Facility, which is the hospital for the Tennessee Department of Correction ("TDOC"). Dr. Russell Ries ("Dr. Ries"), a specialist physician at the Special Needs Facility, diagnosed Mr. Sweatt with allergic rhinitis, nasal septal deformity, and turbinate hypertrophy. Dr. Ries recommended that Mr. Sweatt undergo surgery in order to help alleviate the nasal obstruction. On May 22, 1996, the Utilization Review Committee, a utilization management entity designated by the TDOC to review and approve or deny requested services, denied the recommended surgery. Dr. Ries had the option to appeal to the TDOC Medical Director if he disagreed with the decision of the Utilization Review Committee. Dr. Ries never filed an appeal for a reevaluation of Mr. Sweatt's case.
On May 21, 1996, Mr. Sweatt filed a complaint in the Chancery Court of Lake County against the Appellees, prison warden Billy Compton; prison employees Steve Dotson, Ben Lindamood, Edna Freeman, and Donna Klutts; and prison physician Harold Butler ("the Defendants" or "the Appellees"), alleging federal constitutional violations, negligence, and medical malpractice. Mr. Sweatt alleged that the Defendants intentionally failed to provide him with appropriate medical care, treatment, and correct medication, and that the medication prescribed to him caused his nose to bleed. Mr. Sweatt alleged that Dr. Russell Ries had recommended surgery for his condition, but the surgery had never been performed. Mr. Sweatt also alleged that the Defendants' acts were a form of retaliation against him for the grievances he had filed with prison employees.
On June 24, 1996, Dr. Butler filed a motion for summary judgment. On August 2, 1996, Mr. Sweatt filed a motion for summary judgment. On
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