United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR., UNITED STATES DISTRICT JUDGE
pro se, filed this 42 U.S.C. § 1983 action
against defendants Tomas Cabrera, Nina Hill, and Becky
Lizenbee, alleging they were deliberately indifferent to his
serious medical needs in violation of plaintiff's Eighth
Amendment rights. Currently pending before the Court is
defendants' motion for summary judgment (#58). The motion
has been briefed and is ripe for disposition.
times relevant to the complaint, plaintiff was incarcerated
in Missouri Department of Corrections. plaintiff's
allegations span his time spent at both Northeast
Correctional Center (“NECC”) and Southeast
Correctional Center (“SECC”) and names as
defendants three medical care providers --- Dr. Cabrera at
NECC, Nurse Practitioner Nina Hill at SECC, and Nurse Becky
Lizenbee at SECC.
is HIV positive. With regard to Dr. Cabrera, plaintiff
alleges he denied him medical care at NECC by
“condoning” nurses' behavior in denying
plaintiff his medications and by denying plaintiff
“proper nutrition.” Plaintiff submits that he was
denied HIV and other medications by nursing staff on various
dates in January, February, March and April 2016, and that he
reported these failures to Dr. Cabrera in February and April
2016, and that Dr. Cabrera did nothing. Plaintiff
additionally contends he reported rectal bleeding to Dr.
Cabrera on February 15, 2016 and March 31, 2016, but that Dr.
Cabrera did nothing.
Nurse Practitioner Nina Hill, plaintiff alleges she saw him
on November 13, 2015 at SECC and reviewed his records dating
back to 2012 showing that he had previously received Ensure,
but refused to prescribe it. Plaintiff contends this amounted
to deliberate indifference.
plaintiff alleges Nurse Becky Lizenbee was deliberately
indifferent by denying him proper nutrition even though she
knew he was suffering from AIDS-related complex and wasting
did not complete any grievances regarding any claim against
Dr. Cabrera or Nurse Lizenbee. The only claim exhausted by
plaintiff is that Nurse Practitioner Hill allegedly denied
him proper nutrition. The grievance procedure at both MDOC
facilities consists of an informal and formal internal
process and an appeal. A grievance is not considered
exhausted unless and until the inmate completes the formal
grievance procedure at the appeal level. All offenders are
provided access to the grievance procedure unless special
limitations have been placed as a result of offender misuse
of the grievance procedure.
filed three medical grievances at NECC.
• Grievance NECC-16-128 on January 21, 2016, complaining
that Nurse Denise Morris interfered with treatment prescribed
by a doctor concerning double portion food trays and
requesting that she change his lay-in to allow them. This
grievance was denied at the informal and formal levels, and
on appeal. In his appeal, plaintiff added that Dr. Cabrera
and the Health Service Administrator (“HSA”)
refused to provide him proper nutrition; however, this was
not the subject matter of his underlying grievance, and the
issue was not considered on appeal. Only the complaint made
in plaintiff's underlying IRR regarding Grievance
NECC-16-128 was considered.
• Grievance NECC-16-109 was also logged on January 21,
2016, but it was a duplicate of the preceding IRR.
• Grievance NECC-16-358 on March 11, 2016, complaining
that he was denied HIV medication on February 10, 2016
because he had missed the medication line. Plaintiff filed a
formal grievance on June 7, 2016, complaining that the HAS
and Director of Nursing knew he was denied HIV medication on
February 10, 2016 but declined to help him. This grievance
has not been completed through the appeal level of the MDOC
grievance records at NECC do not reveal any grievances
complaining about rectal bleeding or medical treatment
rendered for the same.
grievance records at SECC show he filed six medical
grievances. None of them involve rectal bleeding, complaints
of being denied or delayed access to his HIV medications, ...