Horace Sublett v. David Robertson

MEMORANDUM

Horace Sublett appeals the district court’s denial of his motion for a preliminary injunction and grant of summary judgment for Doctor Lockhart and Director Ryan. We affirm.

Even if Dr. Lockhart showed deliberate indifference by failing to ensure Sublett wás seen by a dermatologist following his referral, Sublett did not present evidence that he suffered any harm as a result. Under Dr. Lockhart’s treatment of Sub-lett’s leg sores and ulcers, Sublett’s condi tion improved at times. When Sublett saw specialists, they provided similar treatment plans. Further, while it may have been reasonable to infer that the Unna boot was the preferred treatment as of July 2010, no evidence established that Dr. Lockhart’s prescribed treatments were inappropriate in 2008 and 2009 or that use of the Unna boot earlier would have produced any better results. Therefore, the district court correctly granted summary judgment for Dr. Lockhart.

The district court implicitly addressed Sublett’s permanent injunction claim against Director Ryan when it granted summary judgment on all claims. To the extent the district court erred by not expressly addressing the permanent injunction, any error…