Pannebaker v. Trotta

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

STEVEN PANNEBAKER, : Civ. No. 1:21-CV-2168

:

Plaintiff, :

:

v. : (Magistrate Judge Bloom)

:

KARIN TROTTA, et al., :

:

Defendants. :

MEMORANDUM OPINION

I. Introduction

This case comes before us on a motion for summary judgment filed

by the defendants, Karin Trotta, Eric Smith, and John Steinhart. (Doc.

69). The plaintiff, Steven Pannebaker, is an inmate incarcerated in the

Pennsylvania Department of Corrections (“DOC”) who filed this suit

against the defendants, alleging violations of his constitutional rights.

(Docs. 1, 18). Pannebaker contends that Trotta and Smith, two dentists

at the State Correctional Institution at Mahanoy, and Steinhart, the

Corrections Health Care Administrator (“CHCA”), violated his Eighth

Amendment rights when they were deliberately indifferent to his serious

medical needs and delayed his dental treatment in 2020. (Doc. 18).

These defendants have now moved for summary judgment, arguing

that there are no genuine disputes of material fact regarding these

claims. (Doc. 69). After consideration, we agree and will grant the motion

for summary judgment.

II. Background

At all times relevant to his claims, Steven Pannebaker was

incarcerated at SCI Mahanoy. In November of 2019, Pannebaker broke a

tooth and submitted a request to be seen by the dental department. (Doc.

77-7 ¶¶ 2-4). While he was told that he would be placed on the schedule,

Pannebaker was not seen by dental until January of 2020 after he

submitted a sick call slip. ( . ¶ 6).

On January 15, 2020, Pannebaker was examined by Karin Trotta,

the dentist at SCI Mahanoy. (Doc. 70-10). Dr. Trotta stated in her

deposition that she began employment with the DOC in November of

2019 but did not actually start at SCI Mahanoy until January of 2020.

(Doc. 77-12 at 7). At the January 15 visit, Dr. Trotta took an x-ray of

Pannebaker’s tooth and noted that the tooth had decay but that he did

not need any follow up. (Docs. 70-10, 70-11). She stated in her deposition

that he did not present with pain at this visit. (Doc. 77-12 at 13).

However, according to Pannebaker, he believed Dr. Trotta was

scheduling him to get his broken tooth fixed. (Doc. 77-7 ¶ 7). Pannebaker

treated his mouth pain with over-the-counter pain medications. ( . ¶ 8).

Despite alleging that he continued to be in immense pain from his

tooth, Pannebaker did not submit another sick call request until April of

2020. (Doc. 70-12). Dr. Trotta saw him on April 29, 2020. ( ). Notes

from the visit indicate that Pannebaker complained that he broke

another tooth and that he was eating a lot of hard candy. ( ). Dr.

Trotta’s notes state that Pannebaker was experiencing intermittent

symptoms and was asymptomatic that day, but that everything was

visually intact. ( ). These notes also indicate that Pannebaker was

being treated for sinus and allergy symptoms. ( ). Dr. Trotta stated in

her deposition that at this time, the DOC’s Covid-19 protocols prohibited

them from doing x-rays or any procedures that required air filtration, as

SCI Mahanoy did not have the appropriate filtration equipment, and

further prohibited oral surgeons from coming to the facilities to perform

procedures. (Doc. 77-12 at 12-14). In fact, Dr. David Hazlet, the DOC’s

Rule 30(b)(6) deponent, testified that only three DOC facilities—Phoenix,

Muncy, and Benner Township—had adequate filtration equipment to

facilitate certain dental procedures in 2020. (Doc. 70-4 at 61-62).

On June 15, 2020, Pannebaker was seen by Dr. Trotta after he

made an emergency request due to pain and swelling. (Doc. 70-13). By

this time, the DOC had resumed x-rays, and Dr. Trotta took an x-ray that

showed large low maxillary sinus. ( ). She showed Pannebaker the x-

ray, prescribed him penicillin and ibuprofen, and scheduled a follow-up

visit for one week. ( ). Pannebaker was seen by the medical department

on June 24, 2020, at which time it was noted that his pain may be sinus-

related as opposed to dental-related. (Doc. 70-16). A sinus x-ray was

ordered, and the findings were unremarkable. (Doc. 70-17).

Pannebaker saw Dr. Eric Smith for the first time in July of 2020,

at which time Pannebaker complained of bottom left tooth pain. (Doc. 70-

18). After another x-ray, Dr. Smith noted slight facial swelling, gross

decay, and a dental abscess, and further noted that the tooth was non-

restorable. ( ). He prescribed an antibiotic and ibuprofen and scheduled

Pannebaker for a tooth extraction. ( ). Pannebaker contends that the

antibiotic prescribed by Dr. Smith was expired, and that this expired

medication made him sick.1 (Doc. 77-7 ¶¶ 20-22). Pannebaker’s tooth was

taken out by a simple extraction on July 15, 2020. (Doc. 70-20).

About one week later, Pannebaker again presented to the dental

department, this time complaining of top tooth pain. (Doc. 70-21). An x-

ray showed gross decay, and Dr. Smith informed Pannebaker that he

would need another tooth extracted. ( ). Dr. Smith further noted that

Pannebaker reported no significant pain to cold or percussion at that

time. ( .). Dr. Smith prescribed medications and advised Pannebaker to

follow up if his symptoms continued or worsened. ( ). Two days later on

July 24, 2020, Pannebaker reported that he felt “much better” and that

his “tooth no longer hurt[].” (Doc. 70-23). On August 6, 2020, Dr. Smith

noted that Pannebaker was scheduled for an extraction, but they were

“waiting for DOC to allow dental aerosols.” (Doc. 70-24). At this visit,

Pannebaker reported that his top tooth pain had subsided but

complained of bottom tooth pain. ( ).

1 Pannebaker informed Defendant Steinhart, the Corrections Health

Care Administrator, of the expired medication by way of an inmate

request to staff member in August of 2020. (Doc. 70-32). Mr. Steinhart

responded and thanked Pannebaker for informing him about the issue.

( ).

One week later, Pannebaker reported no pain in his top teeth and

that his other tooth pain had “settled down,” and it was noted that he

would be scheduled for his tooth extraction in two weeks after completion

of the Covid isolation room. (Doc. 70-25). At a follow up visit with dental

on August 27, 2020, Pannebaker was told that his extraction needed to

be done by an oral surgeon due to the root structure, and that he would

be transferred to SCI Phoenix for the extraction. (Doc. 70-26). Dr. Hazlet

testified at his deposition that SCI Phoenix was one of the only DOC

facilities at this time that had the proper air filtration system to perform

dental procedures. (Doc. 70-4 at 61). Additionally, Dr. Trotta stated in

her deposition that Pannebaker was one of the first inmates who was

sent to SCI Phoenix for a dental procedure. (Doc. 77-12 at 13).

Pannebaker was ultimately transferred to SCI Phoenix, where his

tooth was extracted on September 18, 2020. (Doc. 70-29). At a follow up

appointment with Dr. Smith in October, Pannebaker complained that the

surgeon left a part of the tooth in his mouth. (Doc. 70-30). However, Dr.

Smith noted no retained root present, and that the extraction site was

healing well, and advised Pannebaker to keep the area clean with proper

hygiene. ( ). In December of 2020, Pannebaker wrote to CHCA

Steinhart complaining that he was still having dental issues, although

he did not describe any specific concerns that he had other than

continued pain. (Doc. 70-33).

Pannebaker filed the instant action on December 29, 2021, and filed

an amended complaint on March 25, 2022, which is currently the

operative pleading. (Docs. 1, 18). In his amended complaint, Pannebaker

asserts claims pursuant to 42 U.S.C. § 1983 against Trotta, Smith, and

Steinhart, alleging that these defendants were deliberately indifferent to

his serious medical needs in violation of the Eighth Amendment. (Doc.

18). The defendants have now moved for summary judgment, arguing

that there are no genuine issues of fact with respect to Pannebaker’s

claim against them, and further, that they are entitled to qualified

immunity. (Doc. 69). This motion is fully briefed and ripe for resolution.

(Docs. 70-71, 76-77, 80). After consideration, we will grant the

defendants’ motion for summary judgment.

III. Discussion

A. Motion for Summary Judgment – Standard of Review

The defendants have filed a motion for summary judgment

pursuant to Rule 56 of the Federal Rules of Civil Procedure. Rule 56(a)

provides that a court shall grant summary judgment “if the movant

shows that there is no genuine dispute as to any material fact and the

movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).

The materiality of the facts will depend on the substantive law.

, 477 U.S. 242, 248 (1986). Thus, “[o]nly disputes over

facts that might affect the outcome of the suit under governing law” will

preclude summary judgment. . A dispute is only genuine if a reasonable

juror could find in favor of the nonmoving party. .

The moving party bears the initial burden to “demonstrate the

absence of a genuine issue of material fact,” relying on pleadings,

depositions, affidavits, and other evidence in the record.

, 477 U.S. 317, 323 (1986). If the movant “successfully points to

evidence of all of the facts needed to decide the case on the law,” the

nonmovant can still defeat summary judgment by pointing to evidence in

the record which creates a genuine dispute of material fact and from

which a jury could find in its favor.

, 479 F.3d 232, 238 (3d Cir. 2007). However, “[i]f

the evidence is merely colorable, or is not significantly probative,

summary judgment may be granted.” , 477 U.S. at 249-50

(citations omitted). A court may not make credibility determinations or

weigh the evidence, but “must view the facts in the light most favorable

to the non-moving party.” , 418

F.3d 265, 267 (3d Cir. 2005).

B. The Defendants’ Motion for Summary Judgment will be Granted.

As we have noted, Pannebaker asserts his claims against the

defendants pursuant to § 1983, alleging that they were deliberately

indifferent to his serious medical needs in violation of the Eighth

Amendment. For their part, the defendants assert that Pannebaker’s

claims against Dr. Trotta and Dr. Smith fail because the record

establishes that Pannebaker was provided with significant dental care

throughout the relevant period. They further assert that any delay in

treatment was due to the Covid-19 pandemic and the protocols put in

place by the DOC. Additionally, the defendants argue that because

Pannebaker was receiving treatment from medical personnel, CHCA

Steinhart—a non-medical prison administrator—cannot be found to be

deliberately indifferent. After consideration, we agree with the

defendants, and we will grant summary judgment in their favor.2

The Eighth Amendment protects inmates from “cruel and unusual

punishment.” U.S. Const. amend. XIII. Prison officials have a duty to

provide inmates with “adequate food, clothing, shelter, and medical care,

and must ‘take reasonable measures to guarantee the safety of the

inmates.’” , 511 U.S. 825, 832 (1994) (quoting

, 468 U.S. 517, 526-27 (1984)). To be liable for an Eighth

Amendment violation, prison officials must have “a sufficiently culpable

state of mind,” , 511 U.S. at 834, which, in the prison context, is

one of “‘deliberate indifference’ to inmate health and safety.”

, 256 F.3d 120, 125 (3d Cir. 2001) (citation omitted).

In the medical context, an inmate alleging an Eighth Amendment

violation must demonstrate that prison officials were deliberately

indifferent to a serious medical need. , 429 U.S. 97, 105

(1976). Accordingly, an inmate asserting a claim of deliberate

indifference must establish that he had a serious medical need, and that

2 Because we conclude that Pannebaker’s Eighth Amendment claims fail

on their merits, we decline to address the defendants’ qualified immunity

argument.

prison officials, by affirmative acts or omissions, were deliberately

indifferent to that serious medical need. , 182 F.3d 192,

197 (3d Cir. 1999). Deliberate indifference in this context can be shown

by a failure to provide care, the delay of medical care for non-medical

reasons, or denial of reasonable requests for treatment.

, 991 F.2d 64, 68 (3d Cir. 1993). However, mere disagreement

over a course of treatment does not amount to deliberate indifference.

, 230 F. App’x 195, 197 (3d Cir. 2007). Further,

non-medical correctional staff cannot be deemed to be deliberately

indifferent “absent a reason to believe (or actual knowledge) that prison

doctors or their assistants are mistreating (or not treating) a prisoner.”

, 372 F.3d 218, 236 (3d Cir. 2004).

Here, as to Drs. Trotta and Smith, we conclude that there are no

genuine issues of material fact with respect to Pannebaker’s Eighth

Amendment claims against these defendants. Pannebaker contends that

these defendants unnecessarily delayed his dental treatment when they

failed to treat his dental pain and did not extract his teeth until July and

September of 2020, despite his complaints of pain since November of

2019. At the outset, we note that although Pannebaker first requested to

see dental in November of 2019, the record indicates that Dr. Trotta did

not begin seeing patients at SCI Mahanoy until January of 2020. Dr.

Trotta ordered an x-ray in January of 2020 after seeing Pannebaker on

sick call, but noted decay and that no follow up was necessary. While

Pannebaker contends that he continued to be in pain and thought that

he was being scheduled to have his tooth removed, the record indicates

that Pannebaker did not complain of pain or request another sick call

visit until April of 2020 when he broke another tooth, and was seen by

Dr. Trotta. Dr. Trotta ordered more x-rays in June and prescribed

antibiotics and pain medications.

Thus, as to Dr. Trotta, the record is clear that she provided

Pannebaker with treatment during the relevant time. While Pannebaker

contends that this treatment was ineffective, particularly with respect to

the prescription for ibuprofen, it is well settled that “disagreement as to

the proper medical treatment [does not] support a claim of an [E]ighth

[A]mendment violation.”

, 834 F.2d 326, 346 (3d Cir. 1987); , 339

F. App’x 132, 136 (3d Cir. 2009) (finding no deliberate indifference where

an inmate was prescribed different medications than he requested). In

fact, the record does not indicate that Pannebaker ever requested any

other type of medication other than what was prescribed.

Moreover, while Pannebaker claims that his tooth extraction was

unnecessarily delayed, the record indicates that Dr. Trotta was not

permitted to do anything more than treat his pain with medication, as

the Covid protocols at that time prohibited x-rays and any dental

procedure involving aerosols. Courts in this circuit have found that a

delay in dental treatment due to Covid-19 mitigation measures is not the

sort of delay in treatment for non-medical reasons that can amount to

deliberate indifference. , , 2023 WL 5621355,

at *1 (W.D. Pa. Aug. 31, 2023) (finding “no error with the Magistrate

Judge’s finding that any delay in Plaintiff’s dental treatment caused by

the DOC’s COVID-19 policy was neither arbitrary nor for a ‘non-medical

reason.’”); , 2021 WL 365853, at *6 (E.D. Pa. Feb. 3, 2021)

(denying preliminary injunctive relief on an Eighth Amendment claim

where the plaintiff could not show a reasonable likelihood of success on

the merits based on a delay in dental treatment due to Covid protocols).

Accordingly, we conclude that as to Dr.Trotta, Pannebaker has failed to

establish a genuine issue of fact from which a jury could conclude Dr.

Trotta was deliberately indifferent to his serious medical needs.

We reach a similar conclusion with respect to the claim against Dr.

Smith. Pannebaker contends that Dr. Smith delayed his dental

treatment and prescribed him expired medications that made him sick in

violation of the Eighth Amendment. As we have explained with respect

to Dr. Trotta above, the record is clear that Dr. Smith provided

Pannebaker with dental treatment during the relevant time. Pannebaker

first saw Dr. Smith on July 6, 2020, and Dr. Smith subsequently

extracted Pannebaker’s tooth by a simple extraction roughly one week

later. When Pannebaker complained of new tooth pain later in July, Dr.

Smith prescribed him ibuprofen and antibiotics, and after a few days,

Pannebaker reported that he was feeling better. After Pannebaker

continued to complain of pain in August, Dr. Smith referred him to an

oral surgeon and had him transferred to SCI Phoenix to have his tooth

extracted. During this time, Pannebaker had reported that his pain had

subsided some. Accordingly, we cannot conclude that Dr. Smith was

deliberately indifferent to Pannebaker’s serious medical needs when the

record establishes that Dr. Smith provided significant dental care to

Pannebaker during the relevant time, which included x-rays, roughly six

dental visits, and a referral to an oral surgeon in the span of two months.

This is particularly so where Pannebaker reported some improvement in

his pain during this time.

Regarding his claim that Dr. Smith prescribed him expired

medication that made him sick, we cannot conclude that this one instance

amounts to deliberate indifference in violation of the Eighth Amendment.

Rather, this claim amounts to, at most, medical negligence but does not

suffice to show that Dr. Smith had a “sufficiently culpable state of mind”

to amount to deliberate indifference in violation of the Eighth

Amendment. , , 529 F. App’x 116, 119 (3d Cir.

2013) (allegations that doctor prescribed the wrong medication may have

risen to the level of medical malpractice but did not sufficiently allege a

“culpable state of mind” for an Eighth Amendment violation);

, 2021 WL 2682037, at *4 (M.D. Pa. June 30, 2021)

(dismissing the plaintiff’s Eighth Amendment claim where the plaintiff

failed to allege “that he was intentionally provided with the wrong

medication or that it was done with deliberate indifference[,]” finding

that the allegations amounted to, at most, medical malpractice or

negligence). Accordingly, this claim fails as a matter of law.

Finally, as to Defendant Steinhart, we note that as the CHCA,

Steinhart is a non-medical prison administrator. As we have explained,

non-medical correctional defendants will not be deemed to be deliberately

indifferent “absent a reason to believe (or actual knowledge) that prison

doctors or their assistants are mistreating (or not treating) a prisoner.”

, 372 F.3d at 236. The Third Circuit has found that health care

administrators are “undisputably administrators, not doctors[.]”

, 142 F. App’x 33, 39 (3d Cir. 2005). Accordingly, such non-

medical defendants “cannot be deemed deliberately indifferent simply

because the lay administrator did not challenge the physician’s care or

respond directly to a prisoner’s request for more or different treatment.”

, 2023 WL 9100640, at *4 (W.D. Pa. July 31, 2023)

(quoting , 2007 WL 1576400, at *4

(W.D. Pa. May 31, 2007)) (internal quotation marks omitted). Here, as

we have explained, Pannebaker received dental care throughout 2020,

although he disagrees with the level of care he was provided. Thus,

because Pannebaker’s only claim against Steinhart arises out of his

inmate requests to Steinhart regarding the dental care he was receiving,

any Eighth Amendment claim against Steinhart fails as a matter of law.

Thus, we conclude that Pannebaker has failed to demonstrate a

genuine issue of material fact with respect to his Eighth Amendment

claims against these defendants. Accordingly, the defendants’ motion for

summary judgment will be granted.

IV. Conclusion

For the foregoing reasons, the defendants’ motion for summary

judgment (Doc. 69) will be GRANTED.

An appropriate order follows.

Daryl F. Bloom

United States Magistrate Judge

Dated: May 8, 2024