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Shaw v. Young

United States District Court, D. South Dakota, Southern Division

October 19, 2015

JAMES ELMER SHAW, Plaintiff,
v.
DARIN YOUNG, WARDEN; JENNIFER WAGNER, ASSOCIATE WARDEN; ARTHOR ALLCOCK, ASSOCIATE WARDEN; TROY PONTO, ASSOCIATE WARDEN; AL MADSON, UNIT MANAGER; SAM BADURE, UNIT MANAGER; TIM MIEROSE, UNIT MANAGER; CLIFF FANTROY, UNIT MANAGER; DERICK BIEBER, UNIT MANAGER; JACOB GLASIER, UNIT COORDINATOR; MARY CARPENTER, M.D. HEALTH SERVICES; E. R. REGIER, M.D. HEALTH SERVICES; BRAD ADAMS, PAC HEALTH SERVICES; AND HEATHER BOWER, RN HEATH SERVICES; Defendants.

REPORT AND RECOMMENDATION ON SCREENING

VERONICA L. DUFFY, UNITED STATES MAGISTRATE JUDGE

INTRODUCTION

This matter is before the court on plaintiff James Elmer Shaw’s pro se amended complaint pursuant to 42 U.S.C. § 1983, filed August 12, 2015. See Docket No. 8.[1] Mr. Shaw has been granted in forma pauperis status and has been allowed to proceed without payment of the partial filing fee. Docket 13.

The pending matter was referred to this magistrate judge pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B) and the October 16, 2014 standing order of the Honorable Karen E. Schreier, district judge. The court has “screened” Mr. Shaw’s amended complaint and respectfully recommends that Mr. Shaw’s complaint be dismissed in part for failure to state a claim upon which relief may be granted against certain defendants pursuant to 28 U.S.C. '' 1915(e)(2)(B) (ii) and 1915A(b)(1). The court recommends the complaint be served upon the remaining defendants.

FACTS

A. Mr. Shaw’s Claim

As explained above, Mr. Shaw’s amended complaint is quite lengthy (51 pages) and he has named fourteen defendants. The court explains his claims here in a greatly abbreviated form. Mr. Shaw is incarcerated at the South Dakota State Penitentiary. Docket 8 at ¶ 3. Beginning in 2004, he has complained of knee pain, first in the right knee and then in the left knee. Id., ¶ 21, ¶ 120. He finally had surgery on his right knee in 2013, but was told that by then the damage was too great and beyond repair. Id. at ¶ 145. Mr. Shaw had surgery on his left knee on March 9, 2015 “after years of pain and suffering . . .” Id. at ¶ 197. He believes the medical care he has received for his knee problems has been untimely and inadequate, and that the delay and inadequacy has caused unnecessary pain and suffering, amounting to deliberate indifference to his serious medical needs. Id. at ¶¶ 257-259.

Mr. Shaw also alleges that as a result of untimely and inadequate medical care for his knees, he now suffers from back problems, which the defendants also treat with deliberate indifference. Id. at ¶ 260. As a result of the defendants’ actions and inactions, Mr. Shaw asserts he suffers from depression and fears he will soon be wheelchair bound. Id., ¶¶ 266-67. He asks the court to enter an order commanding the defendants to provide him with adequate pain medication, a “no-stair” order, an MRI on his spine, and a surgical remedy for his ongoing right knee problems, in addition to compensatory damages for his pain and suffering in the amount of at least $350.00 per day from January, 2004 to the present. Id. at ¶ 273-74. Mr. Shaw requests a jury trial.

B. The Defendants Named in Mr. Shaw’s Amended Complaint

Mr. Shaw has named fourteen defendants. Though the named defendants are many, they fall into two basic categories: Mr. Shaw’s institutional medical providers and persons within the SDSP who hold supervisory positions. The named defendants are categorized below:

Supervisory defendants:

Medical defendants:

Darin Young-Warden

Mary Carpenter, MD-Medical Director

Jennifer Wagner-Deputy Warden

E.R. Regier, MD--Dept. of Health Svcs.

Arthur Allcock-Associate Warden

Brad Adams, PAC-Dept. of Health Svcs.

Troy Ponto-Associate Warden

Heather Bower, PAC-Dept. of Health Svcs.

Al Madsen-Unit Manager

Sam Badure-Unit Manager

Tim Mierose-Unit Manager

Cliff Fantroy-Unit Manager

Derrick Bieber-Unit Manager

Jacob Glasier-Unit Coordinator

Mr. Shaw’s sole claim is that the defendants have been deliberately indifferent to his serious medical needs, in violation of the Eighth Amendment prohibition against cruel and unusual punishment. As explained more fully below, to survive screening Mr. Shaw’s amended complaint must sufficiently articulate how each of the named defendants has been deliberately indifferent.

DISCUSSION

A. Rule 12(b)(6) and 28 U.S.C. ยง 1915 Screening ...


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