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Hiles v. Huan

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

April 9, 2019

SHAUN HILES PLAINTIFF
v.
MIKE HUAN et al. DEFENDANTS

          MEMORANDUM AND ORDER

          CHARLES R. SIMPSON III, SENIOR JUDGE.

         Plaintiff Shaun Hiles is a convicted prisoner currently incarcerated at Little Sandy Correctional Complex (LSCC). He filed this pro se action pursuant to 42 U.S.C. § 1983 alleging deliberate indifference to a serious medical need during his incarceration at the Kentucky State Reformatory (KSR). He sued Correct Care Solutions, Inc. (CCS) and several employees of CCS, the Kentucky Department of Corrections (KDOC), and KSR in their individual and official capacities.

         On initial review of the complaint under 28 U.S.C. § 1915A (DN 9), the Court determined, with the exception of Defendant Lt. Hogan, [1] that it was unable to determine what specific action(s) Plaintiff alleged each Defendant took or failed to take to deny or delay him medical treatment in violation of the Constitution and state law. Before dismissing the action under § 1915A, the Court provided Plaintiff the opportunity to file an amended complaint.

         Plaintiff filed an amended complaint (DN 10), which is now before the Court on initial review under § 1915A. For the reasons that follow, the Court will allow some claims to proceed and dismiss the others.

         I.

         In the amended complaint, Plaintiff sues the following five Defendants who work at KSR:[2]Mike Haun, APRN; Vanessa Suffoletta, APRN; Thad Manning, M.D.; Dr. Stokes, M.D.; and Aaron Smith, Warden.[3]

         Plaintiff alleges that on August 13, 2016, he was injured in an attack at KSR and that on August 16, “after three days of complaining of serious pain, ” he was taken to medical segregation. According to Plaintiff,

Once at segregation medical Dr. Stokes M.D. came in and despite the Plaintiffs request for Dr. Stokes to do an x-ray to see exactly what was wrong, and despite Plaintiffs pleas for Dr. Stokes not to continue to try to set his arm without x-raying it first and to go to an actual hospital. Dr. Stokes told them to hold the Plaintiff down and attempted to set the shoulder back into socket and wound up breaking it. The following day on August 17th 2016. Dr. Stokes was escorted off the compound and fired by Correct Care Solutions for this mistreatment.

         Plaintiff further claims that on August 17, he was taken to Baptist Health Hospital, where surgeon Dr. Jacobs repaired his broken shoulder “placing three plates and fourteen screws to stabalize his shoulder that was broken by Dr. Stokes.”

         Plaintiff advises that following his release from the hospital, he was taken to the “Nursing Care Facility” at KSR, where he “put in numerous sick call request to see Mike Huan . . . for the extreme pain he was having. Plaintiff was refused any pain medicine and just made to suffer.” Plaintiff states that Defendant Huan then released him to the “GP Yard” (presumably, the General Population Yard) after two weeks.

         Plaintiff alleges that he then saw Defendant Dr. Manning “numerous times” and that Defendant Dr. Manning did not place him into physical therapy “and because of this neglect the Plaintiff's shoulder locked up again.” He reports that on January 23, 2017, he finally started physical therapy “and remained in it for about two months until his shoulder popped out once again for the 3rd time.” He claims that even after he informed Defendant Suffoletta that his shoulder popped out again and that he had “extreme pain, ” she kept him in physical therapy for three more weeks and denied him pain medicine. Finally, alleges Plaintiff, Defendant Suffoletta ordered another x-ray of his shoulder, after which he was again taken to Baptist Health Hospital, “where his surgeon Dr. Jacobs again tried to repair his shoulder.”

         Plaintiff indicates that he has been in physical therapy for two years at KSR, that he still “suffers extreme pain and emotional distress due to the neglagance listed herein of each Defendant employeed by Correct Care Solution and the entire medical staff as a whole.” In addition, he alleges “deliberate indifference” and cruel and unusual punishment.

         As relief, Plaintiff seeks monetary and punitive damages ...


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