United States District Court, S.D. Indiana, Terre Haute Division
ALBERT S.N. HEE, Plaintiff,
US FEDERAL BUREAU OF PRISONS, JEFFERY ALLEN, REVELLE, JAMES PELTON, SHEILA HADAWAY, LON KRIEG, ASSEFA AYALEW, JOHN AND JANE DOES, Defendants.
ENTRY SCREENING COMPLAINT, DISMISSING CERTAIN
DEFENDANTS, AND SEVERING CERTAIN CLAIMS
WILLIAM T. LAWRENCE, JUDGE
Albert S.N. Hee is currently an inmate at the Federal Prison
Camp (FPC) in Terre Haute, Indiana. He filed this action
against the Federal Bureau of Prisons (BOP) and individual
medical providers and administrators. Mr. Hee alleges that he
has been denied adequate medical care and that the continued
disregard of his serious medical conditions is damaging his
physical and mental health. In addition, Mr. Hee alleges that
the BOP's written policies are life-threatening given the
medical care regimen he requires. Mr. Hee alleges that FPC
Terre Haute doctors have stated in writing that his current
placement is not safe, but the BOP has refused to transfer
him to a more suitable facility. He also seeks injunctive
relief specifically an order transferring him to the FPC at
Devens, Maine, and the ability to carry injectable Benadryl
or, in the alternative, compassionate release.
Court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or an officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The Court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally “frivolous
or malicious, ” that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. § 1915A(b).
For the reasons explained below, certain claims shall
proceed, while other claims are dismissed for failure to
state a claim or because they are misjoined.
describes his serious medical need as follows:
Between 1972 and 1976, while in the Navy, I was given a
course of monthly antibiotics to treat chronic bronchitis.
The treatments severely compromised my immune system
resulting in my developing severe allergies to: medications
including antibiotics; environmental - molds, mildew, pollen;
multiple foods; and a sensitivity to chemicals and odors.
Dkt. No. 1 at 2. Mr. Hee states that his allergies are so
severe that they can cause asthma and anaphylaxis. On one
occasion prior to his incarceration, Mr. Hee had to be taken
to the emergency room for intubation, mechanical ventilation
and an induced coma. On two other occasions, he lost
consciousness. Mr. Hee claims that his medical conditions are
controlled by avoidance of allergens, daily medications, and
emergency use of injectable Benadryl.
Injunctive Relief Claims Against the BOP and Dr. Jeffery
claim against the BOP is that it kept the money UPS paid for
losing Mr. Hee's property, refused to allow Mr. Hee to
buy another Omron portable nebulizer, stopped his medications
for chronic medical conditions (including immediate access to
injectable Benadryl), failed to process his request for
compassionate release, maintains a medical care policy that
will harm Mr. Hee (specifically, the mandated use of
epinephrine), and refuses to transfer him to a safer camp.
Transfer to safe environment
Jeffery Allen is the BOP Health Services Director in
Washington D.C. Mr. Hee alleges that Dr. Allen is responsible
for denying Mr. Hee's request for transfer out of FPC
Terre Haute to a safer facility. Mr. Hee argues that the
medical staff at the FPC Terre Haute agree that the setting
is not safe for him and have requested that he be
transferred. In addition, as a result of the environment at
FCP Terre Haute, Mr. Hee has doubled his intake of oral
Benadryl (100 mg/day) and has required injections of Benadryl
several times during the summer months.
alleges that his transfer to the FPC at Butner was denied
because it has staffing similar to the FPC at Terre Haute, so
there would be no benefit. Mr. Hee alleges that he should not
be placed at risk because of BOP medical staff shortages. Mr.
Hee claims that the FPC at Devens would be an appropriate
placement because he could be transported to an emergency
room faster, it has a smaller camp population, and it is air
BOP Epinephrine policy
further claims that the BOP's standard written treatment
of epinephrine could kill him. Dkt. No. 1 at 2. Mr. Hee
explains that in 2011, he had a heart attack requiring the
placement of a stent. As a result, he should receive
injectable Benadryl first and EpiPen second in an emergency
situation. The BOP's written policy instead calls for the
use of epinephrine that could cause Mr. Hee to have another
medications and Omron nebulizer Mr. Hee took with him to the
Federal Medical Center in Rochester were mailed back to his
home via UPS. UPS notified BOP that the shipment had been
lost and when UPS reimbursed BOP for Mr. Hee's lost
property, BOP kept the money (more than $1000). The Omron
nebulizer was never found and BOP refused to replace it or
reimburse Mr. Hee.
understood to be a claim for injunctive relief seeking
provision of a Omron nebulizer. It is also understood to be a
claim for $1000 against the ...