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Crouchman v. Southern Health Partners

United States District Court, D. South Carolina

August 30, 2016

Jeffrey William Crouchman, Plaintiff,
v.
Southern Health Partners, Dr. Sellman, Nurse Denise, Lt. Kristie Leopard, Officer K. Nowaczcki, Officer K. Talley and Officer Zack Durham, Defendants.

          Jeffrey William Crouchman, Plaintiff, Pro Se.

          Southern Health Partners, Defendant, represented by Amy Harmon Geddes, Nexsen Pruet Jacobs and Pollard & James G. Long, III, Nexsen Pruet Jacobs and Pollard.

          Dr Sellman, Defendant, represented by Amy Harmon Geddes, Nexsen Pruet Jacobs and Pollard & James G. Long, III, Nexsen Pruet Jacobs and Pollard.

          Nurse Denise, Defendant, represented by Amy Harmon Geddes, Nexsen Pruet Jacobs and Pollard & James G. Long, III, Nexsen Pruet Jacobs and Pollard.

          Lt Kristie Leopard, Defendant, represented by Amy M. Snyder, Clarkson Walsh Terrell and Coulter.

          Officer K Nowaczcki, Defendant, represented by Amy M. Snyder, Clarkson Walsh Terrell and Coulter.

          Officer K Talley, Defendant, represented by Amy M. Snyder, Clarkson Walsh Terrell and Coulter.

          Officer Zack Durham, Defendant, represented by Amy M. Snyder, Clarkson Walsh Terrell and Coulter.

          REPORT AND RECOMMENDATION

          BRISTOW MARCHANT, Magistrate Judge.

         This action was filed by the Plaintiff, pro se, pursuant to 42 U.S.C. § 1983. Plaintiff, who at the time this action was filed was an inmate at the Pickens County Detention Center, [1] alleges violations of his constitutional rights by named Defendants.[2]

         The Defendants Durham, Leopard, Nowaczcki, and Talley filed a motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P. on May 23, 2016. As the Plaintiff is proceeding pro se, a Roseboro order was entered by the Court on May 25, 2016, advising Plaintiff of the importance of a dispositive motion and of the need for him to file an adequate response. Plaintiff was specifically advised that if he failed to respond adequately, the Defendants' motion may be granted. Plaintiff thereafter filed a response in opposition to these Defendants' motion for summary judgment on July 1, 2016.

         Thereafter, on July 14, 2016, the remaining Defendants filed their own motion for summary judgment, and a second Roseboro order was entered on July 15, 2016. Plaintiff filed his response in opposition to that motion for summary judgment on August 22, 2016. Defendants Durham, et al., had also earlier filed a reply memorandum on July 15, 2016.

         Defendants' motions are now before the Court for disposition.[3]

         Background and Evidence

         Plaintiff alleges in his verified Complaint[4] that he was booked into the Pickens County Detention Center in July 2015, and that during his intake process he told the booking officials "of his heart condition, need for special diet, and list of medications, including a prescription for Nitrostat pills for chest pain". Plaintiff alleges that he was thereafter placed in a protective custody unit, but that after expressing concern to staff about "gang members" in the unit, he was placed in a lock down unit.

         Plaintiff alleges that on one occasion (date unspecified) at approximately 5:00 p.m. he asked the Defendant Nurse Denise for a Nitro pill due to chest pain, and that although she said she would bring one back, Plaintiff never received one. Plaintiff alleges that when he still had not received one by approximately 9:00 p.m., he "had to fuss" to the hall officer, following which "Sergeant Underwood" called Nurse Denise, who said "she had forgotten about Plaintiff". Plaintiff alleges that thereafter, in August 2015, "right before [he] was released", he had to be treated for a sinus infection. Plaintiff alleges that he was thereafter released from custody.

         Plaintiff alleges that he was booked back into the Detention Center on November 12, 2015, at which time he gave Sergeant Underwood "all relevant information about his meds, diet, etc., and still need of Nitro prescription, as well as, an inhaler for treating obstructive lung disease". Plaintiff alleges that he also told Sergeant Underwood during his booking "about his mental health history and diagnosis of bi-polar disorder, PTSD, and his history of psych meds". Plaintiff also alleges that he told "Nurse Lori" all of his relevant medical information during his initial medical interview. Plaintiff was again placed in the lock down block for medical reasons.

         Plaintiff alleges that his meds were delivered to the jail by his treating physician several days later, including "his inhaler, heart meds, Nitro, and anxiety/pain - Neurotin". However, Plaintiff alleges that he had not received any mental health treatment since being at the jail, even though he sent a written request in December to see a mental health person from Pickens Mental Health, which is where Nurse Denise had his records from. Plaintiff also alleges that Nurse Denise told him that he had not been treated by Pickens Mental Health since 2010, but that that was incorrect, that it was 2012 "and that was because he was incarcerated".

         Plaintiff further complains that the first three times he received his meds in November he did not receive his inhaler at "med call", while on the third day Nurse Denise did not get his inhaler to him until almost 1:00 p.m. Plaintiff alleges that he is supposed to use his inhaler three times a day per his doctor's prescription, but that Nurse Denise told him "we don't do three times a day". Plaintiff further alleges that his inhaler was forgotten at med call and/or was brought to him late a total of fourteen times in November and December 2015, that on one occasion when he asked Nurse Denise how long it would be before they brought his inhaler she replied "I don't know how long, I am busy", that on one occasion he did not get his inhaler until 6:00 p.m., and that on another occasion he did not get his inhaler until 9:15 p.m.

         Plaintiff also alleges that per his prescription he was supposed to receive his anxiety/pain medication three times a day, but that again Nurse Denise told him "we don't do three times a day". Plaintiff alleges that he would have to take one dose in the morning and then a double dose in the evening, even though that was not appropriate. Further, when his meds ran out Plaintiff alleges he made repeated requests for the "New Horizons Clinic" to be contacted, but that Nurse Denise's answers "were always that she can't get anyone on the phone', they won't call her back', or I can't stay on hold forever'".

         Plaintiff alleges that on December 8, 2015 he saw the Defendant Dr. Sellman complaining of "chest pain discomfort", of "scratching sores in scalp", and of generally not feeling well. However, Plaintiff complains that Dr. Sellman gave him only a "very routine cursory examination", and then prescribed him some medicated tar shampoo that he said would have to "come from [Defendant] Lt. Leopard". Plaintiff alleges that he thereafter sent a request for medicated shampoo to Leopard, but that Leopard "never responded". Plaintiff also alleges when he told Dr. Sellman he wanted some Neurotin prescribed, Dr. Sellman told him he would have to have "someone on the outside get it refilled, brought or sent". Plaintiff further complains that Dr. Sellman "denied any pain med".

         Plaintif alleges he saw Dr. Sellman again on December 22, 2015, at which time he was complaining of severe neck and shoulder pain, continued discomfort in his chest, and more scalp sores. Plaintiff also complained that he was having problems getting the night shift security officials to give him Nitro pills for his chest pain. Plaintiff alleges that Dr. Sellman again put down in his file for Plaintiff to receive some medicated tar shampoo and to send Lt. Leopard a note/request to provide this shampoo. Plaintiff alleges that Nurse Denise "chimed in" that Lt. Leopard was aware of this request and that it was supposed to be available. Plaintiff complained, however, that the shampoo Nurse Denise was referring to was only "generic dandruff brand" shampoo that Plaintiff alleges was "worthless". Plaintiff alleges he also told ...


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