Aurel v. Hallworth
| Decision Date | 10 September 2020 |
| Docket Number | Civil Action No. ELH-19-0185 |
| Parties | MICH AUREL, Plaintiff, v. RICH HALLWORTH, JOHN VANMOL, KEN FIELDS, CORIZON PROVIDES HEALTHCARE, HOLLY PIERCE, NPLP 35226 ASRESAHEGN GETACHEW, M.D., WILLIAM BEEMAN, RHR 116633, and ALL THE NBCI NURSES, Defendants. |
| Court | U.S. District Court — District of Maryland |
Plaintiff Mich Aurel, who is self-represented, is a Maryland prisoner confined at North Branch Correctional Institution ("NBCI"). He filed a civil rights action against multiple defendants, pursuant to 42 U.S.C. § 1983, as supplemented, alleging that defendants provided inadequate medical care. ECF 1; ECF 33; ECF 43.
Defendants Holly Pierce, N.P.; Asresahegn Getachew, M.D.; William Beeman, R.N.; and "all NBCI nurses" have moved to dismiss or for summary judgment (ECF 22), supported by a memorandum. ECF 22-2. The motion concerns the period of time prior to January 1, 2019, when Wexford Health Sources, Inc. ("Wexford") was the provider of health care at NBCI. ECF 22 at 1 n.1. Therefore, although Wexford is not a named defendant, I shall refer to this motion as the "Wexford Motion," and I shall refer to the individual defendants as the "Wexford Defendants."
Defendants Corizon Health, Inc. ("Corizon," misnamed by plaintiff as "Corizon Provides Health Care"); Holly Pierce, N.P.; Asreshagen Getachew, M.D.; William Beeman, R.N.; and Rich Hallworth also filed a motion to dismiss or for summary judgment (ECF 30), supported by a legal memorandum (ECF 30-1). They have submitted numerous exhibits, including over 350 pages of plaintiff's medical records. Their motion concerns the period beginning January 1, 2019, when Corizon became the health care provider at NBCI. Therefore, I shall refer to this motion as the "Corizon Motion" and I shall refer to the individual defendants and Corizon collectively as the "Corizon Defendants."
As is apparent from the outline above, certain individual defendants have worked for both Wexford and Corizon. Thus, they have moved in both motions.
Defendants John Vanmol, Ken Fields, and the "NBCI Nurses" were never served. And, Vanmol and Fields have not appeared.
Aurel has filed numerous submissions. See, e.g. ECF 7; ECF 11; ECF 18; ECF 20. He has also filed an opposition to defendants' motions. ECF 36. And, Aurel has filed a motion for a temporary restraining order. ECF 18. He asks defendants to stay "at least five hundred feet away from plaintiff at all times" and seeks a transfer to another institution. Id. at 1. Defendants have filed replies to Aurel's opposition ECF 34; ECF 37.1
The motions are ripe for disposition. Upon review of the record, exhibits, and the applicable law, the Court deems a hearing unnecessary. See Local Rule 105.6. (D. Md. 2018). For the reasons that follow, the suit shall be dismissed as to defendants Hallworth, Vanmol, Fields, and the NBCI Nurses. I shall grant the Wexford Motion and the Corizon Motion. And, I shall deny Aurel's motion for a temporary restraining order.
Aurel, a frequent litigator in this Court,2 filed suit in this case on January 18, 2019. ECF 1. Because defendant Hallworth is the first named defendant in this suit, and to distinguish this case from many other cases filed by Aurel, I shall refer to this case as the "Hallworth" case.
On February 25, 2019, I stayed the Hallworth case, pending resolution of Aurel v. Pierce, et al., Civil Action No. ELH-18-2463 (hereinafter, "Pierce"). I did so because the cases appeared to involve similar issues and resolution of Pierce might inform the resolution of this action. See Hallworth, ECF 8.
Aurel has a significant medical history. His various medical conditions and illnesses, both real and perceived, have been addressed in several prior lawsuits. See, e.g., Aurel v. Wexford, et al., Civil Action ELH-15-1127, consolidated with ELH-15-1797 (); Aurel v. Wexford, et al., Civil Action ELH-16-1293 (); Aurel v. Wexford, et al., Civil Action ELH-18-1251 ().
In Pierce, ELH-18-2463, Aurel sued Wexford and Holly Pierce. Pierce is also a defendant in Hallworth. In Pierce, I issued a 30-page Memorandum Opinion (ECF 30) and Order on June 4, 2019 (ECF 31), granting the motion to dismiss filed by Wexford and the motion for summary judgment filed by Pierce.
Pierce involved Aurel's complaints of abdominal pain; constipation; a colon infection; blood in stool; an ulcer; infections of the kidneys, stomach, liver, blood, urinary tract, pancreas and large and small intestines; pain in the right hip, right shoulder, and lower back; inability to urinate; prostate and thyroid cancer; liver pain; a liver cyst; throat, neck and chest pain; hoarseness; hypothyroidism; shortness of breath; swollen lymph nodes; and nerve pain. Some of these ailments were not supported by the medical evidence.
Dr. Getachew, a defendant in Hallworth but not in Pierce, provided an Affidavit in Pierce on behalf of the defendants. See id., ECF 15-5. It was dated November 21, 2018. Id. at 8. He referenced plaintiff's "history of incorrectly diagnosing himself with various medical ailments," such as prostate, thyroid, throat, and colon cancer. Id. ¶ 5. He also noted Aurel'smedical history of back and hip pain, hypothyroidism, asthma, constipation, hypertrophy of prostate, cough, hyperlipidemia, and esophageal reflux. Id. ¶ 4.
Then, on August 7, 2019, the Court lifted the stay in the instant case. See Hallworth, ECF 10. Additionally, the Court consolidated this case with another case, Aurel v. Corizon Health Services, Inc., et al., ELH-19-2253 (hereinafter, the "Corizon case"), because the two matters appeared closely connected. See Hallworth, ECF 10; ECF 43.3
As indicated, Wexford provided medical services to inmates at NBCI until January 1, 2019. But, Wexford is not named here as a defendant. On January 1, 2019, Corizon became the medical provider at NBCI. The defense motions pertain to claims arising before January 1, 2019, when Wexford was the provider, and as of January 1, 2019, when Corizon became the provider.
In this consolidated action, Aurel alleges that defendants have denied him adequate medical treatment for numerous illnesses and health conditions, as follows: pain in his right lower back, right shoulder, right side, liver, abdomen; nerve damage; difficulty swallowing; throat and tongue infections; hoarseness; lumps in his neck; numbness on the right side; constipation; blood in stool; ulcers; crohne's disease or colon cancer; inability to urinate; hypertrophy and enlarged prostate; prostate cancer; hyperthyroidism with dry skin and itching. Hallworth, ECF 1 at 3-7; ECF 43 at 3. Most of these same medical complaints wererecently addressed in Pierce, as noted above. The conditions that were not addressed in Pierce are hypertrophy and enlarged prostate.
Aurel also states that he is periodically denied medications that are prescribed to him, and he complains that his requests for particular pain medications have been denied. ECF 1 at 4; ECF 43 at 3-4. Additionally, Aurel states that his sick call slips are being ignored and destroyed by defendants. ECF 1; ECF 43 at 3. Aurel seeks medication for years to come, asks to see a medical specialist, and seeks compensatory and punitive damages. ECF 1; ECF 43.
In support of the Wexford Motion, the Wexford Defendants provide Aurel's medication history (ECF 44-2) and a detailed chart of Aurel's prior litigation as well as the medical issues he has raised. ECF 22 at 4-5. They also incorporate by reference the facts and arguments set forth in the Corizon Motion (ECF 30). See ECF 34 at 3.
The Wexford Defendants contend that they are entitled to dismissal of most of Aurel's claims based on the doctrine of res judicata. In this regard, they point to Aurel's prior litigation against Wexford and its employees regarding the same medical issues; the same health care; and the same medication complaints. The claims not previously litigated concern destruction of sick call slips; lack of treatment for hypertrophy of the prostate, difficulty swallowing, and a limp; and the need for a medical mattress. In addition, they contend that they are entitled to dismissal for failure to state a claim.
According to the Wexford Defendants, Aurel has failed to identify by name those who are allegedly responsible for destroying sick call slips. They also assert that he has not suffered harm as a result of such conduct. ECF 22-2 at 9. As to medical matters, Aurelsuffers from benign prostatic hyperplasia, involving an enlarged prostate gland that is not cancerous, and they assert that Aurel fails to connect this condition to any wrongdoing on the part of the Wexford Defendants. Id. at 9-10.
In addition, the Wexford Defendants contend that Aurel has previously litigated allegations of denial of treatment for throat and pain infections, and his claim of difficulty swallowing is the same as the claim that was previously addressed. Id. at 10. Moreover, the need for a mattress and treatment for a limp are related to previously addressed claims of nerve, leg, and back pain. Id.
According to the Wexford Defendants, the only remaining claim requiring evaluation is Aurel's complaint that his Miralax and Synthroid prescriptions were discontinued. They submit...
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