United States District Court, S.D. Indiana, Indianapolis Division
ORDER DISCUSSING MOTION FOR PRELIMINARY
R. SWEENEY II JUDGE
Jason Seth Perry (“Perry”) initiated this lawsuit
alleging that his medical providers have been deliberately
indifferent to a variety of medical conditions. He has filed
several motions for a preliminary injunction and temporary
restraining order. He seeks injunctive relief in the form of
treatment for chronic Hepatitis C (“HCV”) and
evaluation by various medical specialists for other alleged
medical conditions. More specifically, Perry requests that
this Court order the defendants to send him to be evaluated
by a qualified ear, nose and throat specialist
(“ENT”); liver specialist; heart specialist; lung
specialist; and brain specialist. Dkt. 105, p. 2. Mr. Perry
also generally requests treatment for hepatitis A and
Preliminary Injunction Standard 
preliminary injunction is an extraordinary equitable remedy
that is available only when the movant shows clear
need.” Turnell v. Centimark Corp., 796 F.3d
656, 661 (7th Cir. 2015). “To survive the threshold
phase, a party seeking a preliminary injunction must satisfy
three requirements.” Valencia v. City of
Springfield, Illinois, 883 F.3d 959, 966 (7th Cir. 2018)
(internal quotations omitted)). It must show that: (1)
“absent a preliminary injunction, it will suffer
irreparable harm in the interim period prior to final
resolution of its claims”; (2) “traditional legal
remedies would be inadequate”; and (3) “its claim
has some likelihood of succeeding on the merits.”
Id. Only if the moving party meets these threshold
requirements does the court then proceed to the balancing
phase of the analysis. Id. In the balancing phase,
“the court weighs the irreparable harm that the moving
party would endure without the protection of the preliminary
injunction against any irreparable harm the nonmoving party
would suffer if the court were to grant the requested
is currently incarcerated at the Wabash Valley Correctional
Facility. His current medical conditions include, acid reflux
disease, postnasal drip, chronic HCV mild-moderate
restrictive airway disease, and antisocial personality
disorder. He also sometimes complains of low back pain.
has been diagnosed with chronic HCV, which is a viral disease
that causes inflammation of the liver. Dkt. 110-3, ¶ 6.
Chronic HCV is treatable with Direct-Acting Antiviral oral
medications (“DAAs”). Id. At the time
the defendants responded to the motion for preliminary
injunction, Perry's chronic HCV was being monitored but
not treated with DAAs. Id. However, the defendants
explained that Perry is in the next group of HCV patients
scheduled to receive DAA treatment. Id. He has
signed a medical consent form to be treated with DAAs. Dkt.
110-1, ¶ 8. Perry contends in reply in support of his
motion for injunctive relief that he has been denied DAAs
because he has too much Zantac for his gastroesophageal
reflux disease (“GERD.”) Dkt. 115. Acid
suppressing medications such as Zantac cannot be taken with
the antiviral therapy used to treat HCV. Dkt. 121-1, ¶
7. Perry is aware of this, as this information is stated in
the consent of treatment that he signed. Id. Nursing
staff has also explained to him that he cannot take Zantac or
any other acid suppressing medication while he is receiving
antiviral therapy. Id. His Zantac was previously
prescribed “KOP, ” which means that he could keep
the medication with him and take as needed. Id.,
¶ 8. However, to ensure that Perry does not take acid
suppressing medications while receiving antiviral therapy,
one of the nurses took Perry's KOP Zantac. Id.
Perry can take Zantac or antiviral therapy, but he cannot
take both. Id., ¶ 9.
Hepatitis B and A
believes he is a “carrier” of hepatitis B. Dkt.
110-1, ¶ 9. It appears that someone inadvertently
entered in Perry's chart that he is a carrier of
hepatitis B. Id. But, Perry does not have hepatitis
B and he is not a carrier of hepatitis B. Id. Based
on his lab results, Perry is immune from getting hepatitis B.
Id. This means that Perry has, at some point in his
life, received the hepatitis B vaccine. Id.
March 21, 2019, Perry received a vaccine for hepatitis A,
which should make him immune from contracting the virus.
Id. ¶ 10. He will receive a follow-up hepatitis
A vaccination in 6-12 months from initial injection.
Shortness of Breath and Chest Pain
sometimes complains of difficulty breathing with chest pain.
Dkt. 110-1, ¶ 11. In March of 2018, an officer refused
Perry's request for a breathing treatment. Dkt. 105-1, p.
11. In response to his grievance on this issue, Perry was
told that this should not be an issue again. Id., p.
12. Dkt. He has been prescribed rescue inhalers and is
sometimes given breathing treatments for his difficulty
breathing. Dkt. 110-1, ¶ 10. On February 1, 2019, Dr.
Byrd sent Perry for a chest x-ray due to his complaints of
difficulty breathing, chronic cough and chest pain.
Id. The x-ray was interpreted by an outside
radiologist who determined that the x-ray was normal.
Id. In March 2019, Dr. Byrd ordered pulmonary
function test for Perry to determine how well his lungs are
working. Id. The test indicated that Perry has mild
restriction of the lungs. Id. Perry's
Spirometryis consistent with less than full
inspiration/expiration while completing the test, which is
not uncommon with spirometry. Id. Medical staff will
repeat spirometry if ongoing complaints of shortness of
breath or increased shortness of breath. Id. Perry
also attributes his shortness of breath to anxiety over his
incarceration. Id. Currently, Perry is prescribed an
inhaler, which he reports relieves his symptoms of shortness
of breath. Id. There is no clinical reason to have
Perry evaluated by a “lung specialist.”
complaints of chest pain are often associated with his
shortness of breath. Dkt. 110-1, ¶ 12. There are also
times where Perry complains of chest pain that lasts for
several months and radiates up and down the whole left side
of his body. Id. None of Perry's complaints of