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McCloud v. Corizon Medical Services

United States District Court, S.D. Indiana, Terre Haute Division

April 20, 2017

JEFFREY MCCLOUD, Plaintiff,
v.
CORIZON MEDICAL SERVICES, MITCHEFF Dr., MD, RAHAM Dr., MD, NEIL MARTIN Dr., MD, SAMUEL BYRD Dr., MD, B. RIGGS, R. ROBINSON, Defendants.

          ENTRY SCREENING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS

          Hon. William T. Lawrence, Judge

         I.

         The plaintiff is a prisoner currently incarcerated at Wabash Valley Correctional Facility (“Wabash Valley”). Because the plaintiff is a “prisoner” as defined by 28 U.S.C. § 1915(h), this Court has an obligation under 28 U.S.C. § 1915A(b) to screen his complaint before service on the defendants. Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. In determining whether the complaint states a claim, the Court applies the same standard as when addressing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). To survive dismissal,

[the] complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints such as that filed by the plaintiff are construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers. Obriecht v. Raemisch, 517 F.3d 489, 491 n.2 (7th Cir. 2008).

         II.

         Plaintiff Jeffrey McCloud filed this civil action alleging that the defendants have been deliberately indifferent to his serious medical needs. McCloud alleges that in 2005 he first injured his left hand when his arm went through a glass window causing tendon and nerve damage. In 2013, he was prescribed physical therapy and pain management. McCloud's pain continued through January 17, 2015, when he was assaulted and stabbed five times in his left shoulder and arm at Wabash Valley.

         Between January 20, 2015, and August 14, 2015, McCloud was treated/evaluated six times by Dr. Byrd. Each time McCloud complained of his continuing pain.

         In response to multiple health care request forms seeking “MDSC” between September-October 2015, and January-February 2016, defendant Nurse R. Riggs directed McCloud to be seen at his chronic care appointment and refused to schedule McCloud to see a doctor.

         McCloud alleges that he has not been prescribed meaningful treatment for his left arm pain. He seeks compensatory and punitive damages, as well as, “appropriate treatment to correct or repair the damage that is causing the degeneration of the plaintiff's left hand.” Dkt. 2 at p. 7.

         III.

         “A damages suit under § 1983 requires that a defendant be personally involved in the alleged constitutional deprivation.” Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014); see Minix v. Canarecci, 597 F.3d 824, 833 (7th Cir. 2010) (“[I]ndividual liability under § 1983 requires ‘personal involvement in the alleged constitutional deprivation.'”) (citation and quotation marks omitted). Farmer v. Brennan, 511 U.S. 825 (1994). A claim based on deficient medical care must demonstrate two requirements: 1) an objectively serious medical condition, and 2) an official's deliberate indifference to that condition. The second requirement is a subjective one:

a prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.

Farmer, 114 S.Ct. at 1979. Prison officials may exhibit deliberate indifference to a known condition through inaction, Gayton v. McCoy, 593 F.3d 610, 623-24 (7th Cir. 2010); Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 832 (7th Cir. 2009), or by persisting with inappropriate treatment, Gonzalez v. Feinerman, 663 F.3d 311, 314 (7th Cir.2011); Greeno v. Daley, 414 F.3d 645, 653-54 (7th Cir. 2005). Prison officials might also show their deliberate indifference by delaying necessary treatment and thus ...


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