Upthegrove v. Kuka

OPINION AND ORDER

CRABB, District Judge.

In this civil action for injunctive and monetary relief, brought under 42 U.S.C. § 1983, plaintiff James Upthegrove contends that defendants Duane Kuka and Mark Muhe exhibited deliberate indifference to his serious medical needs in violation of the Eighth Amendment when they refused to provide him with his prescribed pain medication on the afternoon of November 21, 2004.

The case is before the court on defendants’ motion for summary judgment. Because plaintiff failed to exhaust his administrative remedies with respect to defendant Muhe as required by 42…