United States District Court, S.D. Indiana, Indianapolis Division
REV. JEFFREY ALLEN ROWE, Plaintiff,
AMBER DILLOW LPN., ALICIA D. COOMER LPN., BRUCE D. IPPLE MD., CORRECTIONAL CAPTAIN GARD, GEO GROUP, INC., JEFFERY GLOVER NP., JESSICA WIGAL LPN., HUFFARD Mr., HSA., SGT. BROWN NURSE, BURKHARDT NURSE, CORRECTIONAL CAPTAIN THOMPSON, Defendants.
ENTRY SCREENING COMPLAINT AND DIRECTING FURTHER
WALTON PRATT, JUDGE.
Jeffrey Allen Rowe is a prisoner currently incarcerated at
the New Castle Correctional Facility (“NCCF”).
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 Rowe 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).
following facts are those that Rowe alleges in his complaint:
Rowe has a small cyst on his testicle which causes him severe
pain and prevents him from doing many daily activities. He
has been denied treatment for this in a number of ways.
Defendant Nurse Wigal has delayed in scheduling him for Nurse
Sick Call and failed to provide him with adequate pain
medication. Nurse Dillow delayed in scheduling him to see the
provider. Nurse Practitioner Glover delayed in examining him
and when he did examine him, he ordered an ultrasound, but
did not provide him with enough medication for his pain. Rowe
continued to submit healthcare requests complaining of pain
and Nurse Practitioner Glover again delayed in seeing him and
failed to provide him with adequate pain medication.
Huffard is the Health Services Administrator. Rowe submitted
multiple communications to Huffard, but Huffard failed to
ensure that Rowe received timely and adequate treatment.
complained of his pain to defendant Dr. Ipple and Dr. Ipple
refused to help him.
Rowe was prescribed pain medication, defendant Burkhardt
failed to record properly the amount of medication he should
receive. Nurse Coomer delayed his requests for pain
complained about his pain to defendant Nurse Brown and she
referred him to the provider instead of calling the doctors
at that time to seek prescription pain medication.
its contract with the Indiana Department of Correction, The
Geo Group, Inc. (“GEO”) has a duty to provide
sufficient staff to properly and efficiently operate the
security operations at NCCF. As a prisoner at NCCF, Rowe is a
third-party beneficiary of this contract. NCCF is
understaffed and movement on Rowe's Unit has been
delayed. These delays have contributed to the delays in the
medical care at issue in Rowe's complaint. Correctional
Captains Gard and Thompson were aware of these delays and
failed to ensure timely movement within the Unit.
Discussion of Claims
the screening standard to the factual allegations in the
complaint, the claims ...