United States District Court, N.D. Texas, Fort Worth Division
JORGE L. MANCHA, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
MEMORANDUM OPINION AND ORDER
T. PITTMAN UNITED STATES DISTRICT JUDGE
the Court is Defendant United States of America's Motion
for Summary Judgment (ECF No. 18). Having considered the
motion, briefing, and applicable law, the Court finds that
the United States' Motion for Summary Judgment should be
and is hereby GRANTED. Accordingly,
Plaintiff Jorge L. Mancha's (“Mancha”) claims
against the United States are hereby DISMISSED with
is a sixty-five-year-old prisoner in the custody of the
Federal Bureau of Prisons (BOP). See ECF No. 1 at 2.
This lawsuit concerns the medical treatment Mancha received
while in federal custody at Federal Medical Center, Fort
Worth (FMC Fort Worth). See Def.'s App. MSJ at
alleges that he experienced severe pain and discomfort in
multiple areas of his body, including his knees, right elbow,
lower back, right shoulder, and left foot. See
Pl.'s Orig. Pet. at 3. Mancha alleges that he
“continuously” brought these issues to the
attention of FMC Fort Worth medical staff, but they failed to
provide him with timely care, evaluation, and treatment.
Id. at 3, 5-6.
suffers from significant health issues, including:
hyperlipidemia; chronic kidney disease, stage 3;
osteoarthritis of the knee and hip; gout; hypertension;
anemia; gross hematuria; benign localized hyperplasia of the
prostate; a past history of a repaired ACL and meniscus tear
in the right knee (repaired in 2010); and renal cell
carcinoma with a partial nephrectomy in November 2015.
See Def.'s App. MSJ at 3-5; 12-17; 35-38.
medical records demonstrate that FMC Fort Worth medical staff
responded to Mancha's complaints of pain by, among other
things, conducting various tests to evaluate his conditions,
prescribing and adjusting multiple types of medications,
authorizing the use of specialized shoes and other
accommodations, and otherwise providing timely medical care
as appropriate. Mancha's medical records include numerous
instances in which he either raised no concerns regarding
pain or affirmatively reported to medical staff that he
suffered no pain whatsoever. In particular, Mancha's
relevant medical records reflect the follow medical visits
• On January 24, 2017, Mancha was seen at sick call
complaining of pain in his left big toe. Mancha reported that
the pain had begun the night prior and rated it as a six out
of ten. Mancha noted that he had a history of gout and had
experienced similar joint pain several months ago. The
attending mid-level provider (MLP) ordered Indomethacin
(nonsteroidal anti-inflammatory drug (NSAID)) for pain,
ordered laboratory tests, and recommended that he be confined
to living quarters except for meals, pill line, and medical
treatment. Id. at 32-34, 36, 39, 57, 60.
• On January 26, 2017, Mancha reported to sick call to
request a lower bunk pass and a pass for frequent urination.
The attending nurse noted that Mancha suffered from gout, had
a previous knee surgery in 2014, but reported no pain at that
time. Id. at 30-31.
• On February 8, 2017, Mancha was seen by a nurse
following a CT scan of his kidney. Mancha reported no pain at
that time. Id. at 28-29.
• On February 10, 2017, Mancha was seen by a nurse
following a dermatology procedure (removal of melanoma from
right jaw). Mancha reported no pain at that time.
Id. at 26-27.
• On February 13, 2017, Mancha was seen by an MLP for
wound care following a dermatology procedure. The MLP
evaluated Mancha, including conducting a general
musculoskeletal assessment. The MLP determined that Mancha
did not have any joint pain at that time. Id. at
• On April 27, 2017, Mancha was evaluated by an MLP
after complaining of joint pain in the right hip, right
shoulder, right elbow, and right knee. Mancha reported that
the pain began three to five days prior. Mancha rated the
pain as five out of ten. Mancha reported that the pain was
exacerbated by walking, but relieved by NSAIDs. The MLP
conducted a musculoskeletal exam, finding swelling,
tenderness, and decreased range of motion in his hip. The MLP
noted that Mancha had osteoarthritis of the hip and a history
of gout. The MLP renewed his prescription for Indomethacin,
and ordered x-rays of the right knee, right elbow, and right
shoulder, and laboratory tests (lipid profiles). The MLP
counseled Mancha about gout and the importance of his diet.
Id. at 4, 21-23, 34, 36, 53, 57, 60-61.
• On May 2, 2017, x-rays were taken of Mancha's
right knee, right shoulder, and right elbow. The results were
unremarkable, except for minimal osteoarthritic changes in
his knee and an ...