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Pulliam v. Dep't of Veteran Affairs and Veterans Hosp.

United States District Court, W.D. Kentucky, Louisville Division

December 10, 2014

ELTON C. PULLIAM JR., Plaintiff,
v.
DEP'T OF VETERAN AFFAIRS AND VETERANS HOSP. et al., Defendants.

MEMORANDUM OPINION

JOHN G. HEYBURN, II, District Judge.

Plaintiff Elton C. Pulliam Jr. filed a pro se complaint (DN 1) pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Fed. Narcotics Agents . He later filed an amended complaint (DN 10). This matter is before the Court on initial review of the complaint and amended complaint pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). For the reasons that follow, the Court will dismiss the action.

I. SUMMARY OF CLAIMS

Plaintiff Pulliam is currently a pretrial detainee at the Correctional Custody Center (CCC). The Court will separately summarize the claims in the complaint and amended complaint.

Complaint

Plaintiff filed his complaint on a § 1983/ Bivens complaint form. Plaintiff sues the "Department of Veteran Affairs and Veterans Hospital" and the following individuals in their individual and official capacities: Tammy Billbro, Shively Nursing Supervisor at "V.A. Hospital (shivley clinic)"; Clarrisa Ashdown, "V.A. Eligibility Rep" at the VA Hospital; Sonny Hatfield, a social worker at the VA Hospital; and Steve Cruse, a nurse at the CCC.

In the Statement-Of-Claim(s) portion of the complaint form, Plaintiff alleges in toto as follows:

Recently as soon as 19 May 2014 May Hospital records have been changed by people @ the V.A. Records department, V.A. Shivley clinic by people who are loyal to Mr. Sonny Hatfield in some cases records have disappeared altogether as in the case of records From my Gulf War exam which I was misdiagnosed with gout but to find out it was flat feet and Advanced arthritis which require surgery on both my greater big toes. Right now i am incarcerated with medical, court and attorney Releases the Social Security Administration has granted me disability on the same medical problems that I am claiming as service connection i find it strange that i have not been allowed to return to my apartment by order of the Judge were i had a Full copy of all my medical document that are disappearing or being changed in my V.A. File. It like a conspiracy to send me to prison and others can profit while im rotten away in some hell hole.

To the complaint, Plaintiff attaches various documents, most of which are Department of Veterans Affairs forms, wherein Plaintiff seeks "100% compensation from right knee surgery on right knee preformed @ V.A. Hospital Louisville Ky in Oct of 2010." On a VA form dated June 2, 2014, Plaintiff indicates that his claim for benefits "was reopened because of new and material evidence" and further indicates that "[t]his remand was sent here From the BVA to get clarity on my right knee and a new claim on both of my feet which has been confirmed and continued."

On another VA form dated November 13, 2013, Plaintiff alleges that on September 30, 2013, Defendants Billbro, Ashdown, and Hatfield conspired to deprive him of "service connected medication (Hydrocodone) and treatment (counsuled appointments and/or denied veteran right to make new appointments." He further states that while incarcerated at the CCC, he "had medical releases to go to and from appointments. Nurse Supervisor waited until Dr Krischunis departed the shivley clinic than maliciously denied me access to the shivley clinic." He reports that another veteran in his dorm "hasn't had a problem being incarcerated w/medical releases."

Finally, in an April 1, 2014, handwritten letter addressed "To whom it may concern, " Plaintiff quotes from a book, the Bible, and a newspaper, and he alleges as follows:

This all in a nutshell, comes down to money. Other people wanting what is rightfully mine. Money from a car accident in 2010, service connected disability that i have been Fighting to get since March 1992 which could be quiet a bit of change. The players are a collection of Who's Who's whom i will leave for others to figure out. Suddenly medication that was sevice connected is not service connected medical document that i would stake my life on were in my medical file @ the V.A. Hospital Lou. Ky just a couple of weeks ago mysteriously disappear after a CTP exam. All this after i filed a claim against certain individuals For conspiring to deprive me of medical treatment.

As relief, Plaintiff seeks monetary damages in the amount of "rate of pay 100% From 5 may 1980" and punitive damages in the amount "court seeks fit for pain & suffering."

Amended Complaint

Plaintiff filed the amended complaint on a general complaint form. As grounds for filing this case in federal court, Plaintiff states as follows: "conspiracy to committ murder, attempted murder, wanton endangerment racketeering, falsifying documents, conspiracy to deny on/or divert federal funds, trafficking in controlled substance, mail fraud." As Defendants, he sues the same Defendants named in his complaint and additionally sues CCC Nurse April Johnson and ...


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