United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
G. FLEISSIG UNITED STATES DISTRICT JUDGE.
Kevin Covington claims in this action filed under 42 U.S.C.
§ 1983 that Defendants were deliberately indifferent to
his serious medical needs in connection with his hypertension
while he was a pretrial detainee at the St. Louis County
Justice Center (“County jail”). This matter is
now before the Court on Defendant Carlina
Stuckey-Parchmon's motion (ECF No. 43) for summary
judgment, alleging that Plaintiff failed to exhaust his
administrative remedies under the Prison Litigation Reform
Act (“PLRA”), 42 U.S.C. § 1997e(a). For the
reasons set forth below, the Court will deny the motion.
the evidence and all reasonable inferences in the light most
favorable to Plaintiff, for purpose of the motion before the
Court, the record establishes the following. Plaintiff was
held as a pretrial detainee at the County jail from March 14,
2017 to June 12, 2019, when he was transferred to the custody
of the Missouri Department of Corrections. Throughout this
time, he has suffered from hypertension and has therefore
been prescribed the medication Verapamil to be administered
daily. On five occasions between May and
September, 2018, Stuckey-Parchmon, a nurse at the County
jail, refused to give Plaintiff his prescribed medication.
first incident took place in early May of 2018.
Stuckey-Parchmon refused to give Plaintiff his medications,
without reason, and instead merely stated that Plaintiff
would have to get his medications “from someone
else.” ECF No. 46-1 ¶ 4. According to Plaintiff,
both he and a housing unit officer, Officer Robeinson,
asked Stuckey-Parchmon the reason for her refusal, but
Stuckey-Parchmon did not respond. Robeinson therefore
contacted a supervisor, and seven hours later, another nurse
brought Plaintiff his medications.
alleged in his amended complaint that he believed the date of
this first incident was May 10, 2018. But in her Statement of
Uncontroverted Facts, Stuckey-Parchmon asserts that she did
not work at the jail on May 10, 2018, and she attaches her
nurse manager's affidavit attesting to that
fact. ECF No. 43-1 ¶ 35. In response to
this assertion, Plaintiff attests by affidavit that
“[i]t's possible, having been incarcerated for over
a year at that time that I was mistaken about the exact date
[of the first incident].”ECF Nos. 46-1 ¶ 6.
6, 2018, Stuckey-Parchmon again refused to give Plaintiff
medications even though Stuckey-Parchmon was regularly
dispensing medications to all other inmates in the unit.
Stuckey-Parchmon told Plaintiff and a housing unit manager at
the time, Officer Hayden, that she “did not have to
give [Plaintiff] shit, ” and did not “have to
give a reason why.” ECF No. 33 ¶ 18. Hayden then
informed a supervisor, Lieutenant Beard, who asked
Stuckey-Parchmon the reason for her refusal. Stuckey-Parchmon
informed Beard that she had no reason but that she just would
not serve Plaintiff. The County jail's Medical
Administration Record for Plaintiff for the month of June
2018 indicates that Plaintiff did not receive any of his
medications, including Verapamil, from June 4 through June 6,
on September 14, 15, and 16, 2018, Stuckey-Parchmon again
refused to give Plaintiff his medications. On September 14th,
Plaintiff was not wearing his identification wristband, and
Stuckey-Parchmon asked a unit officer to retrieve
Plaintiff's booking card to identify Plaintiff. After the
officer retrieved Plaintiff's booking card and showed it
to Stuckey-Parchmon, Stuckey-Parchmon threw Plaintiff's
medications into the trash and left the unit.
following day, when Plaintiff was in line for his
medications, Stuckey-Parchmon told Plaintiff to step out of
line and called the next inmate in line for medications. A
housing unit officer at the time, Officer Coticchio,
instructed Plaintiff to file a grievance and told Plaintiff
that he (Coticchio) would “call medical to send someone
[else] up to give [Plaintiff] his meds.” ECF No. 33
next day, Stuckey-Parchmon again refused to give Plaintiff
his medications, telling Plaintiff to step out of line.
Coticchio then told Plaintiff: “You know what you have
to do. You file your grievance and I'll file my
report.” Id. ¶ 29. Plaintiff attests that
he ultimately received his September 15, 2018, medication
later in the day by a different member of the medical staff.
ECF No. 46-1 ¶ 30. Plaintiff's affidavit and other
filings do not indicate whether he ultimately received his
medication on September 14 or 16, 2018, but the jail's
Medication Administration Record for Plaintiff for the month
of September 2018 indicates that he received all medications
on September 14, 15, and 16, 2018.
alleges that as a result of not timely receiving his regular
medications, he suffered headaches, anxiety, loss of sleep,
dangerously high blood pressure, and unhealthy blood sugar
levels; and that he had to increase his dosage of one or more
medications due to the irregular administration.
County jail provides a copy of the “Inmate
Handbook” to all inmates upon intake, and it provided
one to Plaintiff. The Inmate Handbook describes the grievance
procedure at the County Jail as follows:
The formal grievance procedure is a standard written
procedure used to settle legitimate complaints concerning an
incident, policy, or condition within the jail. You are
encouraged to attempt to resolve your problem or concern by
talking to your Housing Unit Officer and/or the staff member
responsible in the particular area of concern in an attempt
to solve the issue[s] presented. After you have exhausted all
efforts through the informal process and are unable to
resolve the problem, you may then choose to file a formal
grievance in the following manner:
1. Request an Inmate Grievance form from your Housing Unit
Office and/or Unit Case Manager.
2. Complete the grievance form, outlining the reason for the
grievance and include the rule, regulation, policy, or
3. A grievance must be filed within five (5) days from the
date of the incident or event that is the basis for the
grievance, unless circumstances make it unreasonable to file
within that time.
4. Relate specific details in the grievance such as the date,
time, and location of the incident, any witnesses and any and
all related information.
5. Include all actions you took to solve the problem and what
staff members you contacted or talked to regarding your
problem, concern, or complaint.
6. The grievance must include the date it is being filed
along with your name and signature, your inmate number, and
7. Submit the grievance to your Unit Case Manager or Housing
8. A written response to your grievance will be received
within five (5) working days of the time it was received,
unless review of your grievance requires additional time. You
will be advised if the response will take more than 5 days 9.
Grievances must be filed by each individual; group grievances
10. Grievances that are determined to be of a frivolous
nature shall receive a response in writing to that effect.
11. Disciplinary sanctions administered to you by an officer
are not grievable issues as long as they are within