United States District Court, D. Nebraska
MEMORANDUM AND ORDER
RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE
matter is before the court on Defendants' Motion for
Summary Judgment. (Filing No. 31.) For the reasons that
follow, the Motion is granted.
Christopher Stephen Beck (“Beck”) filed this
action pursuant to 42 U.S.C. § 1983 against Defendants
Dan Osmond (“Osmond”) and Pamela
Goldsby(“Goldsby”), asserting that
they were deliberately indifferent to his serious medical
needs in violation of his Eighth Amendment right to be free
from cruel and unusual punishment. (Filing No. 19.) Beck
alleged that, while confined at the Custer County Jail,
Defendants refused his requests to see a doctor for stomach
pain that affected his ability to eat and move and caused
blood in his stool. (Id.) The court allowed
Beck's Eighth Amendment claim for monetary damages to
proceed against Osmond and Goldsby in their individual
capacities. (Filing No. 20.)
RELEVANT UNDISPUTED MATERIAL FACTS 
August 14, 2014, until November 18, 2014, Beck was confined
at the Custer County Jail in Broken Bow, Nebraska, where he
awaited extradition to Texas. (Filing No. 32-2 at CM/ECF p.
2.) He had been confined at the Custer County Jail
approximately a dozen times before, dating back to 1997.
(Filing No. 32-2 at CM/ECF p. 2; Filing No. 32-3 at CM/ECF
Osmond has served as Sheriff of Custer County since January
of 2011. (Filing No. 32-1 at CM/ECF p. 1.) The Custer County
Sheriff's Office oversees the operation of the Custer
County Jail. (Id.)
Goldsby has been the Jail Administrator of the Custer County
Jail since 2011. (Filing No. 32-2 at CM/ECF p. 1.) Goldsby,
as Jail Administrator, oversees the day-to-day operations.
(Filing No. 32-1 at CM/ECF p. 2.) As a result, Osmond is
generally not present for or involved in the day-to-day
activities at the jail. (Id.)
Goldsby is personally involved in supervising inmates during
her shifts, and often personally handles and responds to the
written request forms submitted by the inmates. (Filing No.
32-2 at CM/ECF p. 5.)
inmate handbook provided to inmates at the Custer County Jail
at the time of booking instructs them that if they are
experiencing a medical need, they are to alert a member of
the jail staff if it is an emergency, or if not an emergency,
complete and submit a standard written request form which
they may designate as “medical” in nature.
(Filing No. 32-2 at CM/ECF p. 3; Filing No. 32-3 at CM/ECF p.
all pertinent times, non-emergency medical needs of inmates
confined at the Custer County Jail were addressed during
normal business hours through on-call physicians at the
Broken Bow Clinic, P.C. (“BBC”), while emergency
or after-hours inmate medical needs were addressed through
on-call professional medical staff at the local hospital.
(Filing No. 32-2 at CM/ECF pp. 3-5; Filing No. 32-3 at CM/ECF
pp. 128-132.) Dr. Shawn Lawrence (“Dr. Lawrence”)
was typically the physician from BBC who responded to calls
from staff at the Custer County Jail. (Filing No. 32-2 at
CM/ECF p. 5; Filing No. 32-4 at CM/ECF pp. 1-2.)
Lawrence is very familiar with Beck's medical history.
His medical history included acid reflux and related symptoms
(chest and stomach and throat burning/pain), which was
usually well controlled with over-the-counter or prescription
antacids. Beck had no history of stomach ulcers or tumors in
2014. (Filing No. 32-4 at CM/ECF p. 3.)
was confined at the Custer County Jail in late 2006 and early
2007. During that time, Dr. Lawrence controlled Beck's
acid reflux symptoms with prescription antacid medications,
such as Protonix and Prevacid. (Filing No. 32-3 at CM/ECF pp.
29-36; Filing No. 32-4 at CM/ECF pp. 3-4.)
During his 2014 confinement at the Custer County Jail, Beck
was always given access to and frequently took
over-the-counter antacids (Tums and omeprazole) for stomach
pain or related symptoms. (Filing No. 32-2 at CM/ECF p. 7;
Filing No. 32-3 at CM/ECF pp. 58-60.)
August 26, 2014, Beck submitted an inmate medical request
form, in which he complained of “severe heart burn,
” chest pain, heart rate fluctuation, and “panic
attacks.” (Filing No. 32-3 at CM/ECF p. 65.) Beck took
Tums for the heartburn. (Filing No. 32-2 at CM/ECF p. 7;
Filing No. 32-3 at CM/ECF pp. 59, 65.)
Beck did not submit any further inmate request forms
regarding heartburn or acid reflux symptoms until October 29,
2014. (Filing No. 32-2 at CM/ECF p. 7; Filing No. 32-3 at
CM/ECF pp. 63-97.) On October 29, 2014, Beck submitted an
inmate medical request form, after regular business hours,
which stated, “I am having severe acid reflux but I
think I might have an ulcer, cause it burns and I am in
severe pain from my chest to my stomach.” (Filing No.
32-2 at CM/ECF p. 7; Filing No. 32-3 at CM/ECF p. 82.) Jail
staff did not perceive the existence of any medical
emergency, so they left Beck's inmate medical request
form for Goldsby to address in the morning. (Id.)
the next morning, October 30th, Beck had submitted an inmate
grievance form that stated, “I am having severe pains
in my stomach and having severe acid reflux with pain going
from my throat deep into my stomach, I need to see a doctor
if I get denied any kind of medical I will start a ...