Wallace Collier v. Woodrow Myers
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 6, 2026
Docket22-11188
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-11188
Non-Argument Calendar
____________________
WALLACE GARY COLLIER,
a.k.a. Gary Winters,
Plaintiff-Appellant,
versus
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,
et al.,
Defendants,
WOODROW A. MYERS,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 4:19-cv-00053-RH-MAF
____________________
Before NEWSOM, BRANCH, and GRANT, Circuit Judges.
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2 Opinion of the Court 22-11188
PER CURIAM:
Wallace Gary Collier, a Florida prisoner proceeding pro se,
appeals the district court’s grant of summary judgment to the
defendants in his 42 U.S.C. § 1983 action for deliberate indifference
to a serious medical need based on a delay in medical treatment.
Collier argues that the district court erred in concluding that he
failed to establish causation because he presented sufficient
evidence to show that the delay in treating his hepatitis C virus
(“HCV”) while he was incarcerated caused him to develop severe
fibrosis (i.e., scarring of the liver). After careful review, we affirm.
I. Background
In January 2019, Collier filed a § 1983 civil rights suit against
Woodrow Myers, the Chief Operating Officer of Corizon Health,
Inc. (“Corizon”), and Corizon itself. Collier alleged that Corizon
was the healthcare provider from 2015 to 2017 at the facilities
where Collier was incarcerated. Collier asserted that he had been
incarcerated at Union Correctional Institution (“UCI”) in Florida,
where he contracted HCV in 2007. He was initially
“asymptomatic . . . except for tiredness and minor pain,” but
“[o]ver the next seven years[, he] received inadequate evaluations
without seeing a specialist or receiving proper testing for liver
damage.” In 2014, a new treatment for HCV called direct acting
antivirals (“DAAs”) 1 was developed, but Corizon doctors did not
1 Collier contended that the DAAs were considered “a break-through cure”
with a “97% effective [rate] with minimal side effects.”
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inform him of this new treatment. Collier learned about DAAs on
his own in 2015 and, between 2015 and 2017, he “requested to see
a specialist and [] receive treatment, numerous times, to no avail.”
Rather, Corizon doctors assured him that his liver enzyme levels
were “good” and that “there were no indications of damage to his
liver.” One Corizon doctor told Collier in 2016 that DAAs were
expensive and Corizon was not providing funding for them.
Around January 2018, Collier was diagnosed with fibrosis of the
liver. Despite later receiving DAA treatment for his HCV because
of an injunction in a separate action, Collier’s fibrosis was not
cured.
Collier asserted that Myers and Corizon knew prisoners
were dying from HCV and that money was needed to treat HCV
infections in the prison. He argued that Myers and Corizon had a
“[c]ustom and [p]ractice of non-treatment” of HCV inmates in
order to make a profit, and that they had been deliberately
indifferent to Collier’s medical needs by delaying his treatment, in
violation of the Eighth Amendment.
Myers and Corizon ultimately moved for summary
judgment. Myers, for his part, asserted that Corizon’s contract to
provide medical services for Florida prisons ran from September
2013 through May 2016 at which point it was canceled. Myers
argued that, as the chief executive officer of Corizon, he had no
personal interaction with Collier, and he did not have any input in
his care. Additionally, he denied knowing that Collier had any
serious medical need. Corizon argued that its reasoned medical
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4 Opinion of the Court 22-11188
decision to not provide DAAs due to prohibitive cost did not
amount to deliberate indifference. In support, Myers and Corizon
submitted a sworn declaration from Dr. Craig Hutchinson, an
Infectious Disease Physician at Corizon, in which he explained that
the DAAs promised a high rate of cure for HCV without side
effects, but they cost around “$84,000” and “$95,000.” He stated
that no company, including Corizon, could afford such costs by
itself. Corizon asked the Florida Department of Corrections
(“FDOC”) to obtain funding from the Florida Legislature for DAAs
or obtain the DAAs without cost directly from the manufacturer in
exchange for sharing treatment data. However, those efforts were
unsuccessful. In hopes that future funding would be forthcoming,
Corizon and the FDOC began accumulating data on inmates with
HCV to prioritize which patients needed treatment. Collier was
one of 5,376 inmates with HCV under Corizon’s care, and he was
being evaluated for treatment as of September 2015 pending
funding. Corizon did not finish evaluating all of the patients on the
lists prior to the cancellation of its contract in May 2016.
Collier opposed the motion for summary judgment, arguing
that Corizon violated his Eighth Amendment rights because it was
contractually responsible to pay for necessary medication for
FDOC inmates, and it improperly “denied [him] treatment for his
serious medical need.” He maintained that Myers was vicariously
liable as a supervisor because he was aware of the non-treatment
policy and of the number of inmates with HCV in need of
treatment. Collier submitted copies of his lab results from 2014 to
2017. The lab results showed that the earliest mention of Collier’s
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22-11188 Opinion of the Court 5
fibrosis score (“F3”) 2 did not appear in any of the lab reports until
November 2017. 3
The district court ultimately granted summary judgment to
Myers and Corizon. 4 The district court concluded that the record
“support[ed] a finding that Corizon adopted a policy not to treat
[HCV] patients with DAAs in the absence of state funding—in
effect, not to treat patients with DAAs at all.” The district court
then explained that, long after the cancellation of Corizon’s
contract, the FDOC adopted a framework for the treatment of
inmates with HCV in response to a class action, which this Court
had upheld as constitutionally adequate in Hoffer v. Secretary, Florida
Department of Corrections, 973 F.3d 1263 (11th Cir. 2020) (“Hoffer II”).
Under that treatment framework, “DAAs were to be administered
to inmates at level F2 and above but not those at level F0 or F1
unless they had an exacerbating condition or exhibited signs of
rapid fibrosis progression.” Thus, assuming without deciding that
2 “Liver fibrosis can be measured, or staged, on a five-step scale, in ascending
order of severity, from F0 (no fibrosis) to F1 (mild fibrosis) to F2 (moderate
fibrosis) to F3 (severe fibrosis) to F4 (cirrhosis).” Hoffer v. Sec’y, Fla. Dep’t of
Corr., 973 F.3d 1263, 1267 (11th Cir. 2020).
3 Collier requested that the district court take judicial notice of various exhibits
and expert testimony in Hoffer v. Jones, 290 F. Supp. 3d 1292 (N.D. Fla. 2017)
(“Hoffer I”), which was a separate class action against FDOC for deliberate
indifference to the serious medical needs of inmates with HCV. The district
court did not expressly address this request for judicial notice.
4 A magistrate judge issued a report and recommendation, recommending that
the motion for summary judgment be denied and the case set for trial. The
district court did not accept this recommendation.
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the Hoffer II treatment framework represents the constitutional
minimum for adequate care, the district court reasoned that Collier
would have been “entitled to treatment when he reached level
F2—or earlier if he had an exacerbating condition or exhibited signs
of rapid fibrosis progression.” The problem for Collier was that
there was no evidence of when his fibrosis began or when it
progressed. Rather, the only evidence in the record showed severe
fibrosis (F3) in November 2017. Because Collier’s fibrosis level
prior to November 2017 was unknown, he necessarily could not
show causation—that his present condition was worse than it
would have been had he been treated with DAAs during Corizon’s
tenure as the medical provider for the FDOC. In other words, he
failed to show that he suffered any damage from the delay in
treatment. Consequently, the district court entered summary
judgment in favor of Myers and Corizon. This appeal followed.5
II. Discussion
Collier argues that the district court erred in entering
summary judgment for Myers because there was sufficient
5 In 2023, while this appeal was pending, Corizon filed a notice of suggestion
of bankruptcy, and we stayed this action pending the bankruptcy proceeding.
As a result of the bankruptcy proceeding, Corizon was to be dissolved and the
claims against it were extinguished, but the claims against individual
employees could proceed. Accordingly, we lifted the stay on September 10,
2026, dismissed the appeal in part as to Corizon, and permitted the appeal as
to Myers to proceed. Consequently, Myers is the only defendant left in this
appeal.
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evidence to “demonstrate that [the] [d]efendants’ denial of
treatment for [HCV] caused” permanent damage to his liver.6
We review a grant of summary judgment de novo, viewing
all the evidence in the light most favorable to the nonmoving party.
Grange Mut. Cas. Co. v. Slaughter, 958 F.3d 1050, 1056 (11th Cir.
2020). Summary judgment is properly granted if “there is no
genuine dispute as to any material fact and the movant is entitled
to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The
non-moving party must produce substantial evidence to defeat a
motion for summary judgment; “[a] ‘mere scintilla’ of evidence is
insufficient.” Garczynski v. Bradshaw, 573 F.3d 1158, 1165 (11th Cir.
2009).
6 Collier requests that we take judicial notice of expert testimony from Hoffer I,
which he argues helps him establish causation. We deny his request because
Collier asks us to take judicial notice of the Hoffer I testimony for the “truth of
the matter asserted,” which is an impermissible use of judicial notice. United
States v. Jones, 29 F.3d 1549, 1553 (11th Cir. 1994) (explaining that a court may
take judicial notice of documents filed in another case “not for the truth of the
matters asserted in the other litigation, but rather to establish the fact of such
litigation and related filings,” or only “for the limited purpose of recognizing
the ‘judicial act’ that the order represents or the subject matter of the
litigation” (quotations omitted)); see also Fed. R. Evid. 201(b) (“The court may
judicially notice a fact that is not subject to reasonable dispute because it: (1)
is generally known within the trial court’s territorial jurisdiction; or (2) can be
accurately and readily determined from sources whose accuracy cannot
reasonably be questioned.”); Grayson v. Warden, Comm’r, Ala. Dep’t of Corr., 869
F.3d 1204, 1224–25 (11th Cir. 2017) (explaining that a district court cannot
“rely on judicial notice to make its findings [in one case] conclusive in [a
different] case[]”).
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The Eighth Amendment forbids “cruel and unusual
punishments.” U.S. Const. amend. VIII. A prison official’s
“deliberate indifference to serious medical needs of prisoners”
constitutes cruel and unusual punishment. Estelle v. Gamble, 429
U.S. 97, 104 (1976). To succeed on a claim for deliberate
indifference to a serious medical need, a plaintiff must demonstrate
three elements. See Wade v. United States, 13 F.4th 1217, 1225 (11th
Cir. 2021). “First, a plaintiff must show that he had an objectively
serious medical need. Second, a plaintiff must show that a prison
official acted with deliberate indifference to his serious medical
need. And third, a plaintiff must show that his injury was caused
by a prison official’s wrongful conduct.” Id. (citations omitted).
This case centers on the third prong.7
With regard to establishing causation, “[a]n inmate who
complains that delay in medical treatment rose to a constitutional
violation must place verifying medical evidence in the record to
establish the detrimental effect of delay in medical treatment to
succeed.” Hill v. Dekalb Reg’l Youth Det. Ctr., 40 F.3d 1176, 1188
(11th Cir. 1994), overruled in part on other grounds by Hope v. Pelzer,
536 U.S. 730 (2002).
7 The district court found that Collier established the first two elements, and
neither Collier nor Myers challenge those key findings, leaving causation as
the only issue on appeal. See United States v. Campbell, 26 F.4th 860, 873 (11th
Cir. 2022) (en banc) (holding that issues not raised in a party’s initial brief are
forfeited on appeal).
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Here, the district court did not err by determining that
Collier failed to provide sufficient evidence to demonstrate
causation. Collier did not provide any medical evidence to show
that Myers’s policy not to administer DAAs absent state funding
caused him injury. Hill, 40 F.3d at 1188. His supporting evidence
of his liver condition was limited to a November 2017 lab report
that showed his fibrosis score of F3, which was after Corizon’s
contract to provide medical services ended. For causation to exist,
there would need to be some evidence that suggested Collier—
sometime between September 2013 and May 2016 when Corizon
was in charge of administering medical services to the FDOC—
either (a) was at an F2 level or above such that treatment was
warranted under the Hoffer II framework and (b) exhibited signs of
rapid fibrosis progression. Accordingly, Collier failed to meet his
burden to show causation, and the district court did not err in
granting summary judgment on his delay in treatment claim. See
Wade, 12 F.4th at 1225; Hill, 40 F.3d at 1188.
AFFIRMED.