United States District Court, E.D. Missouri, Northern Division
MEMORANDUM AND ORDER
SHIRLEY PADMORE MENSAH, UNITED STATES MAGISTRATE JUDGE
a prisoner, seeks leave to proceed in forma pauperis in this
civil action pursuant to 28 U.S.C. § 1915. Plaintiff has
not yet received a copy of his prison inmate account
statement from the Missouri Department of Corrections
Financial Office, thus the Court will assess a partial
initial filing fee of $1.00 at this time. After reviewing
the complaint, the Court will appoint counsel and ask counsel
to submit an amended complaint in this action.
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.
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.
an inmate at Moberly Correctional Center (“MCC”),
brings this action pursuant to 42 U.S.C. § 1983, as well
as Title II of the Americans with Disabilities Act
(“ADA”), 42 U.S.C. § 12132, alleging
violations of his civil rights. Names as defendants are: Dr.
Ruanne Stamps (Corizon, Inc. physician); Lisa Pogue (Deputy
Warden, MCC); Unknown Hunter (Nurse); Daryl Taylor
(Correctional Officer); J. Crader (Correctional Officer); and
Tammy Gittemeier (Case Manager). Plaintiff brings this action
against defendants in their official and individual
claims that in August of 2014, he was incarcerated at the
Hope County Jail when he was taken to St. Joseph Hospital in
St. Joseph, Missouri. Plaintiff states that at the time, he
was suffering from an ulcer located in the upper left corner
of his ribcage, caused by over-the-counter pain relievers.
The ulcer required surgery.
asserts that the first week of October 2017, he began to have
severe pain in the left portion of his ribcage. Plaintiff
claims that the pain was similar to the pain he had suffered
in 2014 when he had the ulcer. As a result, he declared a
medical emergency several times during up through and until
the third week of October. Plaintiff claims that on the third
time he declared the medical emergency, Nurse Hunter told
him, after conferring with Dr. Ruanne Stamps, that neither
she, nor Dr. Stamps, would be providing assistance to him
until his scheduled doctor visit several weeks later. He was
then threatened with being sent to “the hole.”
Plaintiff claims he went back to medical one day later and
was again threatened by Nurse Hunter that he would be sent to
Administrative Segregation if he kept returning, but he was
not provided with medical care.
claims that on October 27, 2017, he was having problems
standing and in great pain. He asserts that during 4:30 p.m.
count, he could not stand outside his cell for count and he
was issued a conduct violation for “malingering”
by Daryl Taylor and J. Crader, despite them being able to
tell that he looked ill.
October 31, 2017, plaintiff was “teamed” by Case
Manager Tammy Gittemeier as a warning that he could no longer
self-declare a medical emergency or he would be sanctioned.
November 1, 2017, petitioner was seated on the toilet and he
began defecating and vomiting large amounts of blood.
Petitioner was taken to the St. Mary's Hospital in
Jefferson City, Missouri, and he claims that he had to be
revived twice on the way to the hospital as a result of
massive blood loss. Plaintiff asserts that emergency surgery
had to be done and two ulcers were found, one in the ribcage
and one in the stomach. Plaintiff claims that he was told by
his surgeon that he was extremely lucky to still be alive. He
asserts that the surgeon further explained that the cause of
the ulcer on his ribcage was a result of the use of NSAIDS by
Corizon to treat plaintiff's arthritis.
seeks injunctive ...