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Daugherty v. K.S.P. Medical Department

United States District Court, W.D. Kentucky, Paducah

July 5, 2017

WILLIAM J. DAUGHERTY PLAINTIFF
v.
K.S.P. MEDICAL DEPARTMENT et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          THOMAS B. RUSSELL, SENIOR JUDGE, UNITED STATES DISTRICT COURT

         This is 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.

         I. SUMMARY OF COMPLAINTS

         Plaintiff 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 documents.

         Plaintiff 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.

         Plaintiff 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 bear.”

         Plaintiff 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.”

         Plaintiff 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.”

         Plaintiff 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).

         As relief, Plaintiff seeks compensatory damages.

         II. ...


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