United States District Court, S.D. Indiana, Indianapolis Division
CLINTON B. MACKEY, Plaintiff,
CORIZON HEALTH LLC, WEXFORD HEALTH SOURCES, INC., SAMUEL J. BYRD M.D., MARY A. CHAVEZ D.O., BARBRA RIGGS R.N., Defendants.
ENTRY SCREENING COMPLAINT AND DIRECTING ISSUANCE OF
WALTON PRATT, JUDGE UNITED STATES DISTRICT COURT.
Clinton Mackey is an inmate confined at Pendleton
Correctional Facility (PCF) and is therefore a
“prisoner” as defined by 28 U.S.C. §
1915(h). Consequently, this Court has an obligation under 28
U.S.C. § 1915A(b) to screen his complaint before service
on the defendants.
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
[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 Mr. Mackey's 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).
Discussion of Claims
complaint alleges that Mr. Mackey entered the custody of the
Indiana Department of Correction (IDOC) at Wabash Valley
Correctional Facility (WVCF) in August 2015. When he arrived
at WVCF, Mr. Mackey had been experiencing pain and various
urological symptoms, including frequently needing to urinate,
frequently waking up at night to urinate, difficulty
urinating, and ejaculation during bowel movements. The
complaint concerns the course of medical treatment Mr. Mackey
received (or did not receive) as these symptoms persisted
from August 2015 through the time he filed the complaint in
February 2018. During this time, Mr. Mackey was confined
either at WVCF or PCF.
to the complaint, tests performed during this time confirmed
that Mr. Mackey had an enlarged prostate, that his condition
was neurogenic, and that his bladder did not void completely
during urination. Despite numerous requests, the medical
staff did not refer Mr. Mackey for outside treatment until
August 2016, at which time he saw a nurse practitioner. It is
not clear whether Mr. Mr. Mackey has seen a urologist.
complaint indicates that Mr. Mackey was provided some
medication for his symptoms. However, he was not provided
with any medication for his pain until December 2016. That
medication caused side effects that exacerbated Mr.
Mackey's other symptoms, and he was not taken off that
medication until November 2017.
WVCF, Mr. Mackey was treated by Drs. Samuel Byrd and Mary
Chavez and Nurse Barbara Riggs, who were employed by Corizon
Health, LLC, and later Wexford Health Sources, to treat
inmates at WVCF. The complaint alleges that Drs. Byrd and
Chavez and Nurse Riggs ignored and discounted Mr.
Mackey's symptoms, denied him access to medical care, and
performed procedures in a manner intended to cause him pain.
The complaint also alleges that Dr. Byrd prescribed only a
minimal course of treatment despite knowing that it had not
resolved Mr. Mackey's symptoms and that Wexford refused
to provide treatments, including treatments requested by Dr.
Chavez, on grounds that they were too expensive.
complaint indicates that Mr. Mackey's symptoms persist
and still have not been adequately treated.
allegations support plausible claims that Defendants Byrd,
Chavez, and Riggs were deliberately indifferent to Mr.
Mackey's serious medical condition in violation of the
Eighth Amendment. They also support plausible claims that Mr.
Mackey's Eighth Amendment rights were violated as a
consequence of official policies or practices of Corizon or
Wexford. These claims shall proceed as
Duty to ...