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Velthuysen v. Eicher

United States District Court, W.D. Michigan, Northern Division

May 2, 2017

CHRISTOPHER J. VELTHUYSEN, Plaintiff,
v.
DAWN EICHER, et al., Defendants.

          OPINION

          HONORABLE PAUL L. MALONEY UNITED STATES DISTRICT JUDGE.

         This is a 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. Under the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996), the Court is required to dismiss any prisoner action brought under federal law if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant immune from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C. § 1997e(c). The Court must read Plaintiff's pro se complaint indulgently, see Haines v. Kerner, 404 U.S. 519, 520 (1972), and accept Plaintiff's allegations as true, unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992). Applying these standards, Plaintiff's action will be dismissed for failure to state a claim.

         Factual Allegations

         Plaintiff Christopher J. Velthuysen, a state prisoner currently incarcerated at the Baraga Maximum Correctional Facility (AMF), filed this pro se civil rights action against Defendants Dawn Eicher and Jessica Knack. Both Defendants are Registered Nurses and were employed at the Kinross Correctional Facility (KCF) during the pertinent time period.

         In Plaintiff's complaint, he alleges that he was seen by Defendant Eicher after he suffered an injury from playing basketball. Plaintiff states that he came down wrong on his leg and ran into the metal basketball stand. Plaintiff had to be carried to his unit following the accident. Plaintiff's friends carried him to health care after the desk officer called to make sure that someone could see Plaintiff. When Plaintiff arrived at health care, he told Defendant Eicher that he had no feeling in his leg, could not walk to and from chow hall without crutches, and was in “exquisite pain.” Defendant Eicher asked Plaintiff if the pain was also in his hip or back. Plaintiff responded that he had pain in his lower left back. Defendant Eicher examined Plaintiff's foot and leg and issued him a detail for a hot water bottle. Defendant Eicher also scheduled a nurse callout for Plaintiff in fourteen days, but did not schedule a doctor's appointment for him.

         Plaintiff's next nurse visit was with Defendant Knack, who told Plaintiff to remove his pants in front of everyone so that she could examine Plaintiff's leg. Defendant Knack then “screamed that [Plaintiff] tried to ‘sexually assault' her.” Plaintiff was given a hot water bottle and was escorted back to his unit. Plaintiff received a false misconduct ticket for the alleged sexual misconduct and had his security level increased. Plaintiff states that he was transferred to AMF shortly thereafter in April of 2016. The nurse at AMF told Plaintiff that his symptoms sounded like a “pinched nerve.” Plaintiff claims that he is still suffering from numbness and pain and cannot walk properly. Plaintiff asserts that the failure to give him a medical lay-in resulted in the loss of his job. Plaintiff also states that he was improperly charged a $5 co-pay for his medical appointments, despite the fact that emergency and follow-up appointments are not to be charged a co-pay.

         Plaintiff claims that Defendants violated his rights under the Eighth and Fourteenth Amendments and seeks compensatory and punitive damages.

         Discussion

         I. Failure to state a claim

         A complaint may be dismissed for failure to state a claim if it fails “‘to give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). While a complaint need not contain detailed factual allegations, a plaintiff's allegations must include more than labels and conclusions. Twombly, 550 U.S. at 555; Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.”). The court must determine whether the complaint contains “enough facts to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 679. Although the plausibility standard is not equivalent to a “‘probability requirement, ' . . . it asks for more than a sheer possibility that a defendant has acted unlawfully.” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 556). “[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not ‘show[n]' - that the pleader is entitled to relief.” Iqbal, 556 U.S. at 679 (quoting Fed.R.Civ.P. 8(a)(2)); see also Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010) (holding that the Twombly/Iqbal plausibility standard applies to dismissals of prisoner cases on initial review under 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i)).

         To state a claim under 42 U.S.C. § 1983, a plaintiff must allege the violation of a right secured by the federal Constitution or laws and must show that the deprivation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988); Dominguez v. Corr. Med. Servs., 555 F.3d 543, 549 (6th Cir. 2009). Because § 1983 is a method for vindicating federal rights, not a source of substantive rights itself, the first step in an action under § 1983 is to identify the specific constitutional right allegedly infringed. Albright v. Oliver, 510 U.S. 266, 271 (1994).

         Plaintiff claims that both Defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The Eighth Amendment prohibits the infliction of cruel and unusual punishment against those convicted of crimes. U.S. Const. amend. VIII. The Eighth Amendment obligates prison authorities to provide medical care to incarcerated individuals, as a failure to provide such care would be inconsistent with contemporary standards of decency. Estelle v. Gamble, 429 U.S. 102, 103-04 (1976). The Eighth Amendment is violated when a prison official is deliberately indifferent to the serious medical needs of a prisoner. Id. at 104-05; Comstock v. McCrary, 273 F.3d 693, 702 (6th Cir. 2001).

         A claim for the deprivation of adequate medical care has an objective and a subjective component. Farmer v. Brennan, 511 U.S. 825, 834 (1994). To satisfy the objective component, the plaintiff must allege that the medical need at issue is sufficiently serious. Id. In other words, the inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm. Id. The objective component of the adequate medical care test is satisfied “[w]here the seriousness of a prisoner's need[ ] for medical care is obvious even to a lay person.” Blackmore v. Kalamazoo Cnty., 390 F.3d 890, 899 (6th Cir. 2004). If the plaintiff's claim, however, is based on “the prison's failure to treat a condition adequately, or where the prisoner's affliction is seemingly minor or non-obvious, ” Blackmore v. Kalamazoo Cnty., 390 F.3d 890, 898 (6th Cir. 2004), the plaintiff must “place verifying medical evidence in the record to establish the detrimental effect of the delay in medical treatment, ” Napier v. Madison Cnty., 238 F.3d 739, 742 (6th Cir. 2001) (internal quotation marks omitted).

         The subjective component requires an inmate to show that prison officials have “a sufficiently culpable state of mind in denying medical care.” Brown v. Bargery, 207 F.3d 863, 867 (6th Cir. 2000) (citing Farmer, 511 U.S. at 834). Deliberate indifference “entails something more than mere negligence, ” Farmer, 511 U.S. at 835, but can be “satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.” Id. Under Farmer, “the official must both be ...


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