Kenneth Konias, Jr. v. David Druskin

── Kenneth Konias, Jr. v. David Druskin ── Court: Court of Appeals for the Third Circuit Date: April 16, 2026 Category: General NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 23-2864 __________ KENNETH J. KONIAS, JR., Appellant v. DAVID DRUSKIN, PA-C; KRISTINA TANNER; MICHAEL J. HERBIK, Doctor; MARK ROMEASE; NEDRA GRECO-RICE, CHCA; MARK CAPOZZA; CORRECT CARE SOLUTIONS, Medical Provider; JOHN E. WETZEL; KIM BILLOW; DORINA VARNER, Chief Grievance Administrator; PENNSYLVANIA DEPARTMENT OF CORRECTIONS; BOB MARSH, Doctor; ALL MEDICAL STAFF @ SCI FAYETTE WORKING THE NIGHT SHIFT ON NOVEMBER 24, 25, 26, 2017 ____________________________________ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 2:19-cv-01550) Magistrate Judge: Honorable Cynthia R. Eddy (sitting by consent) ____________________________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) April 6, 2026 Before: MATEY, MONTGOMERY-REEVES, and NYGAARD, Circuit Judges (Opinion filed: April 16, 2026) ___________ OPINION* ___________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not PER CURIAM Pennsylvania state prisoner Kenneth J. Konias, Jr., appeals pro se from the District Court’s decision granting summary judgment against him in this civil-rights action that he brought pursuant to 42 U.S.C. § 1983.1 For the reasons that follow, we will modify that judgment and affirm it as modified. I. The events at issue in this case took place in November 2017, when Konias was incarcerated at the State Correctional Institution at Fayette. Since at least January of that year, Konias had been taking Effexor, a mental-health medication that was prescribed by a psychiatrist, Dr. Peter Saavedra. On Wednesday, November 22, 2017 (the day before Thanksgiving), Konias was seen at sick call by David Druskin, PA-C. During that visit, Druskin prescribed Konias two medications for pain: Tylenol and Pamelor. The entry of the Pamelor prescription in the computer system caused Konias’s Effexor prescription to be discontinued. And because Konias no longer had an active Effexor prescription on file, he was not given his daily dose of that medication when he came to pick it up at the prison’s “pill window” on Friday, November 24, 2017. Konias also did not receive a dose of Effexor on Saturday, November 25, 2017, or Sunday, constitute binding precedent. 1 In this case, a United States Magistrate Judge presided over the District Court proceedings pursuant to the parties’ consent. See 28 U.S.C. § 636(c)(1). Accordingly, we will refer to the Magistrate Judge as “the District Court.” 2 November 26, 2017. Konias alleges that he suffered from various withdrawal symptoms while off Effexor. According to Konias, on Saturday, November 25, 2017, he “somehow ended up passing out and seizing.” Dist. Ct. Dkt. No. 114, at 4. Corrections officers found him passed out on the floor of his cell. Once Konias was revived, he had trouble breathing and was experiencing chest pains. The corrections officers called the prison’s medical department. The medical department allegedly told the officers to have Konias “put in a sick call.” Id. On Monday, November 27, 2017, Konias was seen by Dr. Saav