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Drummer v. Corizon Correctional Health Care Inc.

United States District Court, E.D. Missouri, Eastern Division

September 8, 2016

LAWRENCE DRUMMER, JR., Plaintiff,
v.
CORIZON CORRECTIONAL HEALTH CARE, INC., et al., Defendants.

          MEMORANDUM AND ORDER

          AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE.

         Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action under 42 U.S.C. § 1983. Having reviewed plaintiff's financial information, the Court assesses a partial initial filing fee of $17, which is twenty percent of his average monthly deposit. See 28 U.S.C. § 1915(b). Additionally, the Court will direct the Clerk to serve process on defendants Reynal Caldwell and M. Mallard.

         Standard of Review

         Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted. To state a claim for relief, a complaint must plead more than “legal conclusions” and “[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A plaintiff must demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.” Id. at 679. “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.” Id. at 678. Determining whether a complaint states a plausible claim for relief is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. Id. at 679.

         When reviewing a complaint under 28 U.S.C. § 1915(e), the Court accepts the well-pled facts as true. Furthermore, the Court liberally construes the allegations.

         The Complaint

         Plaintiff brings this action against Corizon, Dr. Reynal Caldwell, and Dr. M. Mallard. Plaintiff injured his right shoulder during his arrest by St. Louis police officers in August 2015. He was taken to Barnes-Jewish Hospital. Plaintiff's shoulder was X-rayed, and it was determined that he had a torn rotator cuff.

         Plaintiff was detained in the St. Louis City Justice Center from about August 10, 2015, through August 25, 2015. He had been scheduled for an appointment at Barnes, but he says prison officials “didn't or couldn't find Barnes Jewish Clinic at this time.”

         Plaintiff was then processed into the St. Louis Medium Security Institution. After he arrived, he did not receive any medications for twenty-one days. On September 9, 2015, he was taken to the clinic at Barnes to see his doctor. The doctor told him he needed surgery, and the correctional officers accompanying plaintiff gave the doctor Mallard's phone number to schedule the surgery.

         Plaintiff saw Mallard for the first time on September 16, 2015. He told Mallard he was having right sided chest pains due to his shoulder injury. He told her he was not able to sleep because of the constant pain. Mallard told him she would retrieve the X-rays and set a date for surgery. She prescribed a muscle relaxer and gave him the instructions for post-surgery therapy.

         He continued to complain about his pain and a nurse gave him some TUMS. He kept complaining until he was seen on November 19, 2016. A nurse gave him some indigestion medication. He told her he did not have indigestion and the pain was coming from his shoulder.

         He saw the nurse again. She informed him that Mallard had prescribed the indigestion medication. She said she would inform Mallard about the injury again. She also told him that they had recently let another inmate go because they did not want to pay for her surgery.

         Plaintiff saw defendant Caldwell on December 1, 2015. He told Caldwell about his rotary cuff injury, that he was not healing correctly, and that he was still waiting to go to surgery. Dr. Caldwell gave him nitroglycerin for his chest pain. Plaintiff has never had heart problems, however.

         Plaintiff saw Mallard on December 8, 2015. He reminded her about his injuries, and she told him to stop taking the nitroglycerin. She acted like she did not know about his injury ...


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