United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR UNITED STATES DISTRICT JUDGE
matter is before the Court on defendants' motion to
dismiss plaintiff's third amended complaint (#131).
Defendants have not filed a reply memorandum in support of
their motion, and the time for doing so has passed.
Ira Harris is incarcerated in the Missouri Department of
Corrections (“MDOC”). Plaintiff, through his
court-appointed attorneys, filed a third amended complaint
(#126) on January 24, 2018. The complaint names as defendants
several corrections-related individuals including former MDOC
director George Lombardi, current MDOC director Anne
Precythe, Eastern Reception Diagnostic Center
(“ERDC”) warden Troy Steele, Southeast
Correctional Center (“SECC”) warden Ian Wallace,
and an unknown correctional officer (“Unknown
Null”) at Potosi Correctional Center
(“PCC”). The complaint also names several
health-related individuals and entities including the MDOC
healthcare contractor Corizon, LLC (“Corizon”),
SECC health services administrator Brandi Juden, SECC
Institutional Chief of Mental Health Cynthia Reese, medical
director at SECC John Eppolito, M.D., SECC nurse practitioner
Nina Hill, and PCC medical director William McKinney, M.D..
following allegations are considered true for the purposes of
the instant motion to dismiss.
Mental Health Allegations
committed to the custody of MDMH at Fulton State Hospital in
2002, plaintiff was diagnosed with schizophrenia. After
plaintiff's physician tried multiple treatment options,
plaintiff's physician determined that the best treatment
for plaintiff was the drug Geodon. Plaintiff “suffered
no ill side effects and his schizophrenia was properly
managed” while on Geodon. (#126 at ¶ 21.) In 2003,
plaintiff was transferred to MDOC, where he remained on
Geodon intermittently until approximately 2012.
2012, plaintiff was taken off Geodon. No. reason was provided
to him initially, and, when he inquired, a non-party doctor
and defendant Reese told him that “Jefferson
City” had determined the drug was too expensive and
MDOC and Corizon wanted to try different treatments. No.
medical reason was provided to plaintiff. Plaintiff tried
some new medications, but sometimes he was provided with no
medication at all because it was out of stock. Sometimes he
went for days with no mental health medication.
plaintiff was taking these different medications, plaintiff
continued to see psychiatrists, but his appointments were
limited to 15 minutes per MDOC and Corizon policies which
were instituted and enforced by defendants Lombardi, Steele,
Wallace, Reese, and Precythe. Plaintiff suffered side effects
from the different drugs including upset stomach, lethargy,
and headaches. In addition, plaintiff alleges the new drugs
were less effective at managing his schizophrenia symptoms.
Plaintiff eventually refused to take the new drugs due to
their side effects and ineffectiveness. He was then not
provided with Geodon nor any other schizophrenia medication
for approximately one year while he was placed in
administrative segregation at PCC and SECC (it is unclear
whether plaintiff was placed in administrative segregation
due to his refusal to take the non-Geodon medications or for
some other reason).
that time, plaintiff wrote letters to MDOC and Corizon
officials including defendants Reese and Wallace. He also
filed numerous grievances and medical service requests
indicating that he required mental health medication.
plaintiff's arrival at SECC, non-party Dr. Gowin
submitted a request that plaintiff be placed on Geodon.
Defendant Reese denied the request because it was too
expensive. Around that same time, plaintiff suffered a
“self-mutilation incident in which he bit his
arm” and attempted to commit suicide. (#126 at ¶
41.) Plaintiff was not taking any medication at that time.
Following that incident, plaintiff was prescribed Loxapine.
For three and a half years, and for nine months after Dr.
Gowin's evaluation and request, plaintiff was not
provided with Geodon for his schizophrenia. Plaintiff was
eventually prescribed Geodon in late 2015 and remains on
underwent a colonoscopy around November 10, 2014. Following
the procedure, he developed a large, hard lump near his anus.
Plaintiff was seen by defendants McKinney, Eppolito, and
Hill. During one of those visits, plaintiff alleges he was
threatened with a gun by defendant Unknown Null; plaintiff
further alleges that defendant Null pulled out his gun and
shoved it into plaintiff's side.
McKinney, Eppolito, and Hill allegedly determined that the
lump was either ran abscess or a hemorrhoid and prescribed
antibacterial and hemorrhoid ointment. The lump did not
improve for nearly a year, but those defendants continued the
same course of treatment. Plaintiff ...