United States District Court, W.D. Kentucky, Owensboro Division
CHARLES D. SCHOLL PLAINTIFF
CORRECT CARE SOLUTIONS et al. DEFENDANTS
MEMORANDUM OPINION AND ORDER
H. McKinley Jr., District Judge United States District Court
the Court is the motion to dismiss (DN 11) filed by
Defendants. Pro se Plaintiff Charles D. Scholl has
responded (DN 15). The matter being ripe, the Court will
grant the motion to dismiss for the following reasons.
STATEMENT OF THE CASE
was a prisoner at Green River Correctional Complex (GRCC) at
the time relevant to his complaint. He filed this 42 U.S.C.
§ 1983 action against Correct Care Solutions (CCS), the
medical provider at GRCC, and Lessye Crafton, APRN at GRCC,
in her individual capacity. See DNs 1 and 9.
Plaintiff had stomach surgery in 2016 and has a colostomy
bag. His complaint concerns his presentation to Defendant
Crafton with recurring complaints of pain and bleeding at the
site of his surgery. He attached to his complaint numerous
exhibits, including grievances and medical records.
deciding a motion to dismiss brought under Fed.R.Civ.P.
12(b)(6), the Court must construe the complaint in the light
most favorable to Plaintiff, accepting all of Plaintiff's
allegations as true. Bloch v. Ribar, 156 F.3d 673,
677 (6th Cir. 1998). Further, “the allegations of a
complaint drafted by a pro se litigant are held to less
stringent standards than formal pleadings drafted by lawyers
in the sense that a pro se complaint will be liberally
construed in determining whether it fails to state a claim
upon which relief could be granted.” Jourdan v.
Jabe, 951 F.2d 108, 110 (6th Cir. 1991). The Court must
determine whether Plaintiff has pleaded “enough facts
to state a claim to relief that is plausible on its
face” and not merely conceivable. Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 570 (2007). Facial
plausibility arises when the complaint's factual content
allows a reasonable inference of Defendant's liability.
Aschcroft v. Iqbal, 556 U.S. 662, 677 (2009) (citing
Twombly, 550 U.S. at 556). If “the
well-pleaded facts do not permit the court to infer more than
the mere possibility of misconduct, ” then the
complaint has failed to show that Plaintiff is entitled to
relief. Id. at 679 (citing Fed.R.Civ.P. 8(a)(2)).
motion to dismiss argues that Defendants in their official
capacities are immune from liability; that Plaintiff fails to
state a claim against Defendant Crafton in her individual
capacity; and that Plaintiff failed to exhaust his
response, Plaintiff argues that he was seen in medical for
bleeding and increased stomach pain from March 1 to March 29,
2018, and Defendant Crafton “failed to see that
something serious could be wrong because I've had ongoing
bleed in my stomach where I had a major surgery done in
2016.” He argues that this was a serious medical need
as evidenced by the fact that, when he was seen by University
of Kentucky (UK) general surgery doctors, they said he had
possible cancer in his stoma. He also argues that Defendant
Crafton failed to refer him back to the doctor for 28 or 29
days. He also states that Defendant Crafton knew about his
ongoing bleeding and pain because she “signed off on
all my medical documents after 3-1-18.”
Eighth Amendment forbids prison officials from
‘unnecessarily and wantonly inflicting pain' on an
inmate by acting with ‘deliberate indifference'
toward the inmate's serious medical needs.”
Blackmore v. Kalamazoo Cty., 390 F.3d 890, 895 (6th
Cir. 2004) (quoting Estelle v. Gamble, 429 U.S. 97,
104 (1976)). “A constitutional claim for denial of
medical care has objective and subjective components.”
Blackmore, 390 F.3d at 895. To fulfill the objective
component, the prisoner must show that he is suffering from a
“sufficiently serious” medical need. Farmer
v. Brennan, 511 U.S. 825, 834 (1994). To satisfy the
subjective component, the prisoner must show that a prison
official possessed a “‘sufficiently culpable
state of mind.'” Id. at 834 (citation
omitted). “A defendant possess[es] a sufficiently
culpable state of mind when he acts with deliberate
indifference.” Carter v. City of Detroit, 408
F.3d 305, 312 (6th Cir. 2005).
standard applied in reviewing the actions of prison doctors
and medical staff in this type of case is deferential.
Inmates of Allegheny Cty. Jail v. Pierce, 612 F.2d
754, 762 (3d Cir. 1979). Courts will generally refrain from
“second guessing” the adequacy of a particular
course of treatment where a prisoner has received some
medical attention and the dispute concerns the adequacy of
that treatment. Westlake v. Lucas, 537 F.2d 857, 860
n.5 (6th Cir. 1976); see also White v. Napoleon, 897
F.2d 103, 1010 (3d Cir. 1990); Christy v. Robinson,
216 F.Supp.2d 398, 413-14 (D.N.J. 2002).
the medical records attached to Plaintiff's complaint
show that he was seen by Defendant Crafton multiple times
during the time period in question, as follows. On March 1,
2018, Plaintiff presented to sick call with complaints of
bleeding around his stoma. Defendant Crafton noted the
bleeding and referred Plaintiff to see Dr. Lester Lewis, the
CCS Medical Director, urgently. Plaintiff was evaluated by
Dr. Lewis later that day. Dr. Lewis noted that Plaintiff had
“some bleeding from bowel stump with protruding bowel
that has been like this ‘for a while.' Bleeding
started after lunch.” Dr. Lewis also noted a possible
infection to the stoma site, prescribed antibiotics, and told
Plaintiff to return to sick call the following day if the
next day, Plaintiff returned to sick call with complaints of
recurrent bleeding from his stoma. He was seen urgently by
Defendant Crafton, who assessed his stoma and ostomy bag.
Defendant Crafton applied a new “wafer” dressing
with a larger opening to the site to prevent further
irritation and advised Plaintiff to return the following day
for further stoma assessment and photo documentation.
March 3, 2018, Plaintiff returned to medical for assessment
of his stoma, as directed. No. active bleeding or complaints
from Plaintiff were noted by Defendant Crafton.
March 5, 2018, Plaintiff returned to medical for ostomy
supplies. Defendant Crafton noted a very small amount of
blood in the ostomy bag, but no complaints from ...