Marcus Deonta Chapman v. Sheriff Randall C. Tucker, 2013 U.S. Dist. Lexis 140702 (S.D. Miss. Sept. 30, 2013)

This United States District Court for the Southern District of Mississippi memorandum opinion and order grants defendant Sheriff Randall Tucker’s motion for summary judgment. A motion for summary judgment asks the court to decide in one party’s favor before the conclusion of the trial. Plaintiff Marcus Chapman brought the case alleging, among other things, that he was denied treatment for HIV while incarcerated at the Madison County Detention Center (“MCDC”). The court found that medical records showed Chapman received Epivir, an HIV medication, twice a day during his incarceration. Further, the denial by MCDC medical staff to prescribe other medications was found to be in line with the facility’s policy, according to which when a detainee is unable prove that they require a certain prescription while incarcerated, either through presenting the actual medication or having it confirmed by an outside healthcare provider, the detainee will be prescribed the medication only after being seen by a qualified physician. The court found that while the medical treatment received by Chapman may not have been what he wanted, he had not shown that this medical care was constitutionally inadequate. For these reasons, among others regarding separate allegations in the complaint, the court granted Tucker’s motion for summary judgment.