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Valdes v. Evans

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

January 24, 2019

FELIX VALDES PLAINTIFF
v.
DR. LEE A. EVANS et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          Thomas B. Russell, Senior Judge

         Plaintiff Felix Valdes 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 complaint pursuant to 28 U.S.C. § 1915A. Upon review, the Court will dismiss some of Plaintiff's claims and allow other claims to proceed for further development.

         I. SUMMARY OF ALLEGATIONS

         Plaintiff is a convicted inmate at the Christian County Jail (CCJ). He sues the following Defendants: Dr. Lee A. Evans and Dr. Wells, each identified as a “Doctor/Surgeon” with no place of employment indicated by Plaintiff; Lindsey Harper, identified as a “Nurse/NRA” at CCJ; and Brad Boyd, the Jailer of CCJ. He sues each Defendant in his or her individual and official capacities.

         Plaintiff states that on November 27, 2017, he was admitted to the Jennie Stuart Medical Center “due to a hernia surgery appointment by Dr. Lee A. Evans and Dr. Wells.” He reports, “I was cut open 6 inches down in-between the left side of my pelvis for this hernia surgery and also had my right tendon of my inner thigh cut while having my right testicle removed improperly by Dr. Wells. I found these things out after the surgery.”

         According to the complaint, Plaintiff returned to CCJ that afternoon and was ordered to be put him in a detox cell where Plaintiff had to sleep on the floor on a two inch mat until the next day. He states, “Sgt Moore witnessed my dilemma after my cries of pain and a guard in booking called for help. He gave me two thicker mats, extra blankets and sheet after helping me to the restroom.” Plaintiff states that he was then ordered to be moved to another cell. He asserts, “I was lied to that I was going to a medical cell but ended up in segregation in cell 921C where I stayed a week.”

         Plaintiff reports that after the surgery he “underwent pains in my lower body (groin, pelvis, thighs) but wasn't giving any prescribed medicine, instead two days of ibuprofen off an on.” He asserts that after that week he was moved to another pod. Plaintiff further states as follows:

Since that detrimental surgery at Jennie Stuarts I've endured a year and two months of critical pains in my lower body which prohibits me from sleeping regularly, walking upright entirely and being as active as I once was. Now I'm facing life long injuries and damages from the negligence of Dr. Evans and Dr. Well, and at [CCJ], nurse Lindsey who constantly refused me of my proper medication. So I suffered throughout the year. I've seen her multiple times but still no relief to my please.

         He reports that on December 17, 2018, Defendant Harper gave him a two-page “legal document” to sign labeled “‘Patient Privacy Notification Form.'” He states that he was informed that it was a document concerning his doctor's appointment and that he needed to sign it. Plaintiff states that he does not read English and that the form should have been provided to him in Spanish. He asserts that the form stated that he did not need to sign it. He states, “I've been lied to and because of surgeon error, I may need another painful surgery, and I fear another removal of my other testicle. I'm distressed its happening and seek legal justice.”

         Plaintiff states that he was told that Defendant Wells would reschedule an appointment but he has not received a date. He states, “I've been misled and taken advantage of in this situation because of my lack of English comprehension but I am an American citizen.” He continues, “I haven't been recommended anything from the nurses when file and visit sick call, only gotten refusals and lies that there's only one docter in town and that Dr. Lee A. Evans wish to never see me again, not even for check-ups.” Plaintiff reports that he also needs to see a doctor “for the pigmentation change of my skin due to the bruising and contusions caused by these doctors malpractice and inhumanity.” He states that he last saw Defendant Harper on either December 13 or 14, 2018, “when she claimed to have misplaced my legal documents of privacy and still refused me proper medication.”

         Plaintiff continues, “Overall, I have consisting pains from pelvis to downward inner thighs and bruises that reach my ankle. I have non-stop itching that accompanies the pains, bringing me mental and emotional distress. There's no relief and nothing's being properly assessed to this day.” He reports that he has multiple witnesses and that some are willing to testify on his behalf. He states, “I seek full and impartial justice for the inhumane and unprofessionalism, and ethical violations, of policies and procedures by those rightfully accused.”

         As relief, Plaintiff seeks compensatory and punitive damages.

         II. STANDARD

         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 § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). When determining whether a plaintiff has stated a claim upon which relief can be granted, the court must ...


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