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Richards v. Health

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

April 18, 2018

DANNY R. RICHARDS, Plaintiff,
v.
CORIZON HEALTH, KIM HOBSON, CHAVEZ, RICHARD BROWN, ARAMART FOOD SERVICE, Defendants.

          ENTRY SCREENING COMPLAINT, DISMISSING INSUFFICIENT CLAIMS, AND DIRECTING FURTHER PROCEEDINGS

          Hon. William T. Lawrence, Judge

         I.

         The plaintiff, Danny Richards's motion to proceed in forma pauperis, Dkt. No. 3, is granted. Richards is assessed an initial partial filing fee of Five Dollars and Forty-Three Cents ($5.43). He shall have through May 17, 2018, to pay this sum to the clerk.

         II. Screening

         Richards 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 Richards 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).

         III. The Complaint

         Richards's claims are brought pursuant to 42 U.S.C. § 1983 against defendants Corizon Health, Kim Hobson, Dr. Chavez, Warden Richard Brown, and Aramart[1] Food Service.

         The complaint alleges that medical staff prescribed steroids to him from 2008 to 2010 to treat his ulcerative colitis but medical staff never explained any potential side effects from the steroids. Specifically, he alleges that Corizon and medical staff knew diabetes was a risk of long term steroid use and that Warden Richard Brown turned a blind eye to such treatment.

         He also alleges defendant Kim Hobson failed in her responsibility to treat him by withholding medical information from him and that Dr. Chavez failed to diagnose and treat his underlying medical condition of diabetes and he did not know he had diabetes until Dr. Byrd notified him.

         Finally, Richards alleges that the poor quality of the food that Aramart provides the inmates contributed to him developing diabetes. due to his diabetes and ulcerative colitis and that the new medical care provider Wexford discontinued his pain medication. However, Wexford is not named as a defendant in this action.

         In summary, Richards alleges that the medical defendants failed to properly diagnose the serious medical condition of diabetes and that Aramart provided him a poor diet. He alleges all of this violated the Eighth Amendments proscription against cruel and unusual punishment. He seeks a declaratory judgment and money damages.

         IV. ...


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