United States District Court, W.D. Kentucky, Paducah
WILLIAM J. DAUGHERTY PLAINTIFF
K.S.P. MEDICAL DEPARTMENT et al. DEFENDANTS
MEMORANDUM OPINION AND ORDER
B. RUSSELL, SENIOR JUDGE, UNITED STATES DISTRICT COURT
a pro se civil rights action brought by a state
prisoner pursuant to 42 U.S.C. § 1983. The Court has
granted Plaintiff leave to proceed in forma
pauperis. This matter is before the Court for screening
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 set forth below, the action
will be dismissed in part, allowed to continue in part, and
Plaintiff will be allowed to amend his complaint.
SUMMARY OF COMPLAINTS
has filed a complaint (DN 1), two amended complaints (DNs 8
& 11), and two attached documents - a February 20, 2016,
letter to the “manager” of Correct Care
Solutions, LLC, and a grievance dated October 11, 2015 (DN
1-1). This summary is based upon a combined reading of these
is incarcerated at Kentucky State Penitentiary (KSP). He
names “K.S.P. Medical Department” and Dr.
Shastine Tangilag, in her official capacity only, as
Defendants in this action.
claims that he is seeking adequate medical care for his
medical problems. Plaintiff states that his problems began in
2015 when he began feeling sore, light-headed, and having
impaired eyesight. When he was “taken to medical,
” officials kept him for three days and ran tests, and
eventually told him that he had arthritis over 60 percent of
his body and diabetes. According to Plaintiff, after he was
released, he began having “bouts” of nausea,
waking at night with cold sweats, and diarrhea. Plaintiff
states that he put in a sick-call request to “medical,
” but that it took a few weeks to be seen. He alleges
that, in the interim, his black-outs and eyesight began to
worsen. He states that he was eventually seen by a nurse
practitioner (Nurse Karen Ramey) and not a doctor, and that
she told him to take ibuprofen and to get an eye exam.
Plaintiff alleges that he did both, but that the pain in his
“joints every morning, ” the blackouts, and
impaired eyesight continue. Plaintiff states that he filed a
grievance regarding these issues and was told that his
problems were related to not wearing his eyeglasses.
Plaintiff, however, contends that his eye doctor advised him
that his medical issues were not related to his need for
eyeglasses. Plaintiff reiterates that although the
“medical department” claims that they are
treating him appropriately by taking his blood and monitoring
his condition, he is in constant pain, light-head quite
often, and still suffering from blackouts. He writes:
“The pain in my joints is almost too much to
contends that he has never been seen by a doctor, but only a
nurse practitioner. He also states that he completed a
grievance related to his medical issues, but was told that
that he would not continue to have symptoms if he would wear
“bifocals eye glasses.”
also writes that although there are 42 inmates at KSP who
have diabetes, he is the only one whom “medical”
only gives enough medicine to last a month so that he has to
continually sign up for sick call to get more medication. He
writes: “You have to understand that a Diabete is not
pose to go Six (6) days without his/her medication, yet I do,
every month, and I have no way to change it.”
also contends that “[i]f you had a medical problem and
you were not a Caucasian inmate, you will not be seen by Dr.
Tangilag, African American and others are passed down to a
nurse practitioner by the name of Karen Ramey, no matter how
many times you ask to see the doctor, if you are not
Caucasians, you will not be seen . . . .”
Finally, Plaintiff writes:
On 5/2/17, at 2:45 a.m. in the morning I woke up with so much
pain I thought I was dieing, they had to call a nurse over
right away cause my pain was that great. The nurse talk about
something that happen to me back around 7/18/2015. I could
not believe it, then she said, she seen case like this
before, and it want anything but arthritis I was told to lay
still and the pain would past in one or two hours, It never
did, I was in pain all night long . . . .
(DN 11, Second Amended Complaint).
relief, Plaintiff seeks compensatory damages.