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Jeffries v. Paulius

United States District Court, Sixth Circuit

October 22, 2013

GARY WAYNE JEFFRIES, Plaintiff,
v.
CHARLIE PAULIUS et al., Defendants.

MEMORANDUM OPINION

JOSEPH H. McKINLEY, Jr., Chief District Judge.

Plaintiff Gary Wayne Jeffries filed the instant pro se 28 U.S.C. § 1983 action proceeding in forma pauperis. This matter is before the Court on initial review of the action pursuant to 28 U.S.C. § 1915A. For the reasons stated below, the Court will dismiss the action.

I.

Plaintiff's allegations concern his incarceration at the Webster County Detention Center (WCDC). He has since been transferred to the Fulton County Detention Center. He sues Terry Elder, Jailer of WCDC; Charlie Paulius, whom he identifies as a doctor with "Advanced Corr. Healthcare, Inc./Webster Co. Detention Ctr."; Advanced Correctional Healthcare, Inc., which he identifies as the medical provider at WCDC; Sgt. Don Poe; Wilda Elder, RN; Capt. M. Vaughn; Sgt. Dale Spurling. Plaintiff sues each Defendant in his or her official and individual capacity.

Plaintiff states that on February 1, 2013, he complained of severe chest pain, and he filled out a medical request form. An officer took his blood pressure which was high. He avers that the officer said he was going to call the doctor but never returned. Plaintiff contends that he "laid in excruciating level 10 Pain all weekend until I seen nurse on Feb 5th and the doctor on the 7th of February." He states that he complained to the doctor about "numbness and nerve damage that was Plaguing my whole left side." He states that the doctor "basically refused to refer me to a outside physican and prescribed me Indocin which didnt help the muscle damage or numbness that persisted!" Plaintiff further states that his left arm was "totally immobile for 5 to 6 wk's and the nurses & doctor knew...." Plaintiff further avers that on February 12, 2013, he lost consciousness and the doctor was called and "once again he refused for the guard's to call a ambulance and he okayed officer/Sgt Dale[1] to give me 2, 50 mg Visteril which he refused me on a earlier date." Plaintiff states that he "was placed in Medical watch until the Nurse Wilda said I passed out because I stood up to fast and I was sent back to my cell." Plaintiff further states, "I saw the doctor numerous times over the past month's each time complaining of muscle damage, pain, mobility loss, muscle spasms and more."

Plaintiff states that he "even filed a greviance on 4-13-13 after I broke my hand in an altercation and once again Dr. Paulice refused the sergeant from calling an ambulance and ordered an x-ray for an obviously broken hand." He reports that he had bones sticking out of the top of his hand. He states that he was rushed into emergency surgery on April 17, 2013.

Plaintiff states that he had a "history and physical" that was performed at the Jefferson County Jail seven days before he was transferred to WCDC, that "will show my medical status prior to these incidents."

Plaintiff claims that Defendants Paulius and Advanced Correctional Healthcare, Inc.[2] violated his Eighth Amendment rights by refusing him proper medical treatment during his incarceration at WCDC. He further states that Defendant Elder violated his Eighth Amendment rights "by allowing them to treat me in this manner after I wrote a grievance that he did not answer." He states that he got a response from Defendant Vaughn "stating he had no idea what I was referring too."

Plaintiff further contends that he was seen by Defendant Paulius on May 23, 2013, and "was told he would refer me to an orthopedic surgeon for my nerve damage, which is obviously a problem that needs the care of a neurologist." He avers that he stated his opinion to Defendant Paulius and that Paulius told him "it costs money for them to send you to a Doctor!' and refused my pain medication pending x-rays and readings." Plaintiff reports that Defendant Poe and nondefendant Deputy Dominique "were present as well."

Plaintiff goes on to state that on June 12, 2013, he was taken to Dr. Dodds's office and "he confirmed my opinion that I needed to be seen by a neurologist." Plaintiff avers that Dr. Dodds "wrote out a paper with suggestions for Dr. Paulius that I was refused a copy of my records by Officer Conway. I was told I had to wait to be released before I could receive a copy." Plaintiff further states that on July 10th he saw Dr. Paulius and "he finally OK'd my transfer to a state facility so I can get proper medical treatment."

Plaintiff further states, "This statement of claims is a basic overview of the violations I received... It does not include all incidents & acts of the clear violations of my 8th amendment rights...." As relief, Plaintiff seeks compensatory and punitive damages and injunctive relief in the form of "getting proper medical treatment."

In a subsequent letter which the Court construed as a supplemental complaint, Plaintiff states that he was transferred to the Fulton County Detention Center but he was supposed to be transferred to the Kentucky State Reformatory to be seen by a neurologist. He states, "I know they're malice is coming against me because of the suit that I've filed in your court and I only want to get the proper medical treatment before I have another stroke & end up paralized or worse!!"

II.

When a prisoner initiates a civil action seeking redress from a governmental entity, officer, or employee, the trial court must review the complaint and dismiss the complaint, or any portion of it, if the court determines that the complaint is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915A(b)(1), (2); McGore v. ...


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