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Sedore v. Burt

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

March 20, 2018

SCOTT SEDORE, Plaintiff,
v.
SHERRY BURT, et al., Defendants.

          Hon. Paul L. Maloney

          REPORT AND RECOMMENDATION

          RAY KENT, UNITED STATES MAGISTRATE JUDGE.

         This is a pro se civil rights action brought by a state prisoner at a Michigan Department of Corrections (MDOC) facility pursuant to 42 U.S.C. § 1983. This matter is now before the Court on a motion to dismiss filed by defendants Corizon, Inc., Barbara Bien, P.A., Suzanne Howard, M.D., Jon Decker, M.D., and Richard Worel, M.D. (collectively referred to as the “Corizon defendants”) (ECF No. 39), and a motion for summary judgment filed by defendants Burt, Wilkinson, and Hamilton (collectively referred to as the “MDOC defendants”) (ECF No. 46).

         I. Background

         A. Summary of complaint

         Plaintiff filed a 27-page complaint which named the following defendants at the Muskegon Correctional Facility (“MCF”): Warden Sherry Burt; Health Unit Manager (“HUM”) Michael Wilkinson; Nursing Supervisor (“NS”)Tamerla Hamilton; PA Barbara Bien; Dr. Jon W. Decker; Dr. Richard Worel; Dr. Suzanne Howard; and Corizon, Inc (“Corizon”). Compl. (ECF No. 1, PageID.2-3).

         On October 9, 2009, while driving intoxicated, plaintiff caused a motor vehicle accident which killed one person, injured another, and caused himself serious injuries. Compl. at PageID.7. Plaintiff was convicted and sentenced as an habitual offender and began serving his sentence at the MDOC on May 19, 2011. Id. at PageID.11). According to plaintiff, since his incarceration at the MODC, he has “slid dramatically backwards in physical health, ” has “pursued and fought for adequate medical care, ” and has been transferred six times. Id. at PageID.11-12. Plaintiff stated that he needs medical care related to the following: cardiology exam; swollen lymph nodes in the right side of his chest; ongoing physical therapy; ongoing orthotics and treatment; respiratory/lung specialist assessment; urologist referral; orthopedic surgeon referral (related to his November 2013 hip replacement); left knee problem; right knee problem; comprehensive program for pain management; remove rod in left femur; neuro-psychology treatment; posttraumatic stress disorder; medical devices related to his disabilities (air mattress, orthopedic shoes, a walker, ice for his left foot, hot water bottle for chronic back pain, ace bandages, urinal bottle, medical detail for unlimited bathroom access due to urinary problems, padded cane handle, basin tub to soak feet, heavy duty diaper/incontinence undergarment; and, to purchase a wheelchair, shower chair, and necessary appliances and supplies at his own expense. Id. at PageID.12-15.

         Plaintiff's claims against defendants occurred since his transfer to MCF on June 4, 2015, at which time plaintiff alleged that has received “barbaric” medical care. Id. at PageID.17. The Court construes plaintiff's complaint as limited to claims commencing on that date. Plaintiff's complaint does not contain “a short and plain statement” of his claims as required by Fed.R.Civ.P. 8(a)(2), nor did he present his claims in coherent numbered paragraphs as contemplated by Fed.R.Civ.P. 10(b). Rather, the complaint is a lengthy and disjointed narrative. In an attempt to organize the 27-page chaotic collection of alleged wrongful conduct, the Court has set forth a timeline of plaintiff's claims:

1. Since plaintiff arrived at MCF on June 4, 2015, he has received “barbaric” medical care and written kites to Warden Burt. PageID.17. However, the Warden “has never come to speak with me in person or [i]ntervene on my behalf.” Id.
2. Between June 4, 2015 and December 2015, PA Bien ignored plaintiff's “mountain of medical issues” at chronic care appointments (June, September, and December 2015). At that time plaintiff begged PA Bien to send him to an urologist. PageID.20.
3. In June 2015, PA Bien ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
4. On June 10, 2015, Hamilton cancelled plaintiff's accommodation order for a padded cane handle. PageID.19 5. On June 24, 2015, Wilkinson and Hamilton scheduled an appointment with Dr. Howard to discuss plaintiff's details and accommodations. Dr. Howard later took away plaintiff's basin tub and Epsom salts. Id.
6. On June 24, 2015, Dr. Howard ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
7. On August 7, 2015, Wilkinson and Hamilton scheduled plaintiff to see Dr. Worel to discuss details and accommodations. The doctor cancelled plaintiff's hot water bottle, ace wrap, and ice. Id.
8. On August 7, 2015, Dr. Worel ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
9. In September 2015, PA Bien ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
10. On October 15, 2015, PA Bien cancelled plaintiff's pain medication, because he would not take Pamelar and Mobic. Plaintiff stated that he had serious side effects from these medications. Neither PA Bien nor Dr. Decker reinstated paperwork to the MDOC for pain medication since that date. PageID.22-23.
11. In December 2015, PA Bien ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
12. On January 19, 2016, Wilkinson, Hamilton and PA Bien took away plaintiff's accommodation for adult diapers. PageID.20 13. On January 26, 2016, Wilkinson took away plaintiff's shower chair. PageID.21.
14. On February 18, 2016, Wilkinson and Hamilton retaliated and harassed plaintiff by having officers shake down his cell. PageID.18.
15. On April 1, 2016, Dr. Decker ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
16. From April 1, 2016 through May 17, 2016 Corizon and the MDOC would not get plaintiff a re-fill of albuterol for his breathing problems because the three months for his prescription had not run out. PageID.24.[1]
17. On April 20, 2016, Wilkinson and Hamilton retaliated and harassed plaintiff by having officers shake down his cell. Id.
18. On April 21, 2016, Wilkinson spoke with Dr. Decker, who later that day cancelled plaintiff's accommodation for a raised toilet seat and cotton blankets he used for a hip cushion. PageID.21.
19. On April 21, 2016, plaintiff begged Dr. Decker to send him to an urologist. PageID.20.
20. On April 21, 2016, Dr. Decker ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
21. On May 12, 2016, Dr. Decker cancelled plaintiff's accommodation for a shower chair. PageID.21.
22. On May 12, 2016, plaintiff begged Dr. Decker to send him to an urologist.
23. On May 12, 2016, Dr. Decker ignored plaintiff's begging, pleas and tears for adequate pain medication. PageID.23.
24. On June 19, 2016, plaintiff had an orthotics appointment at DWH where he found out that one leg was 3½ inches shorter than the other. PageID.22. His leg was not shorter prior to his 2013 hip replacement. Id.
25. Wilkinson and Hamilton violated MDOC policy by sending grievances to MCF grievance coordinator and telling her to reject them, and were part of a conspiracy with Warden Burt to place plaintiff on “grievance modified access status” from March 10, 2016 through June 10, 2016. PageID.18.
26. Wilkinson and Hamilton interfered with his medical treatment. Id.

         Based on this timeline, the Court construes the complaint pursuant to Fed.R.Civ.P. 8(e)[2] to consist of the following claims, which, for purposes of this report, the Court will refer to as “Counts”:

Count I. Since June 4, 2015, plaintiff has written kites to MCF Warden Burt about his poor medical care at MCF, but the Warden has never spoken to him or intervened on his behalf.
Count II. In June 2015, PA Bien denied plaintiff a referral to an urologist and adequate pain medication.
Count III. On June 10, 2015, HUM Hamilton cancelled plaintiff's accommodation order for a padded cane handle.
Count IV. On June 24, 2015, HUM Wilkinson and NS Hamilton scheduled an appointment with Dr. Howard to discuss plaintiff's details and accommodations, which resulted in Dr. Howard taking away plaintiff's basin tub and Epsom salts.
Count V. On June 24, 2015, Dr. Howard ignored plaintiff's plea for adequate pain medication.
Count VI. On August 7, 2015, HUM Wilkinson and NS Hamilton scheduled plaintiff to see Dr. Worel to discuss details and accommodations, which resulted in the doctor cancelling plaintiff's hot water bottle, ace wrap, and ice.
Count VII. On August 7, 2015, Dr. Worel ignored plaintiff's plea for adequate pain medication.
Count VIII. In September 2015, PA Bien ignored plaintiff's pleas to refer him to an urologist and for adequate pain medication.
Count IX. On October 15, 2015, PA Bien cancelled plaintiff's pain medication, because he would not take Pamelar and Mobic.
Count X. In December 2015, PA Bien ignored plaintiff's pleas to refer him to an urologist and for adequate pain medication.
Count XI. On January 19, 2016, HUM Wilkinson, NS Hamilton and PA Bien took away plaintiff's accommodation ...

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