United States District Court, E.D. Missouri, Northern Division
CHARLES H. DARBY, III, Plaintiff,
KAREN L. WITTY, et al., Defendants.
MEMORANDUM AND ORDER
CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE
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 $24.25, which is twenty percent
of his average monthly deposit. See 28 U.S.C. §
1915(b). Additionally, the Court will order plaintiff to file
an amended prisoner civil rights compliant under 42 U.S.C.
§ 1983 as directed below.
Standard on Initial Review
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.
brings this § 1983 action against multiple medical
providers and prison officials at Potosi Correctional Center
(“PCC”) and Moberly Correctional Center
(“MCC”) for deliberate indifference to his
serious medical needs. Named as defendants are: Karey L.
Witty, CEO, Corizon Corrections Healthcare, Inc.
(“Corizon”); Ralf Sulke, Vice President of
Operations, Corizon; Dr. John Deghetto, Missouri Department
of Corrections (“MDOC”); Dr. Ruanne Stamps,
Medical Director, MCC; Bonnie Boley, Health Services
Administrator, MCC; Dr. Unknown Paniagua, PCC; Laurel
Davison, Nurse Practitioner, MCC; Dr. George Robinson,
Dentist, PCC; Dr. Ernest Jackson, Missouri Director of Dental
Services-Corrections; Dr. Unknown Dillard, Dentist, PCC; Dr.
Unknown Blake, Dentist, PCC; Dr. Unknown Guzdial, Dentist,
PCC; Unknown Corrections Officers at PCC; Dr. Unknown Cooper,
Dentist, PCC; and Unknown Doctors. Plaintiff's claims
fall under three categories: allegations regarding dental
care, allegations regarding plaintiff's fingernails and
toenails, and allegations regarding plaintiff's acid
reflux. The Court will discuss each category separately.
complains of the dental care he has received in prison
starting on June 3, 2008. On that day, defendant Dr. George
Robinson pulled one of plaintiff's teeth, which caused
plaintiff severe pain. Then the tooth next to the pulled
tooth became loose, and Dr. Robinson pulled the second tooth.
Five days after Dr. Robinson pulled plaintiff's second
tooth, plaintiff states pieces of his jaw bone started
falling out and a third tooth fell out. In his prison
grievance, plaintiff stated as follows:
In all about 8 pieces of jaw bone came out, the biggest piece
I turned in to Nurse Tracy Dunn after Mr. Cartrette my
caseworker saw the tooth and bone, I have been in extreme
pain for several [days] because of Dr. Robinson. Now my gums
are receding away from tooth #18 exposing the nerves on the
side of the tooth, it will probably have to be pulled as
well. My gums are not closing properly because they are
falling where the bone is missing.
the dental care events of June 2008, plaintiff continued to
have dental treatments, which he lists on page fifteen of his
complaint. From 2008 through 2012, plaintiff lost five more
teeth: three were pulled out by dentists, and two were pulled
out by plaintiff.
February 10, 2013, less than five years before filing this
action, plaintiff pulled tooth #4 and four days later pulled
tooth #5. He states he pulled these teeth after being denied
Both teeth were loose and bone had been cracked when tooth #3
was pulled. Tooth #5 was painful for years and when I pulled
it out it was so loose that a ½” wide piece of
bone pulled out with it, 3 roots, one large one in upper
plate, 2 small roots embedded in the upper face bone, which
the crack was caused by a hit to the mouth by the dentist Dr.
Robinson from bearing down so hard to pull tooth #3, which
dentist Dr. McKinney had drilled too close to the edge of the
tooth while Dr. Robinson was off. Tooth #3 had a cavity from
Dr. Robinson's cleaning session when I first got to
Potosi Correctional Center. This led to several dental
emergencies over the years and being denied so many times
that I resorted to pulling them myself.