Jones v. United States, Civil Action No. 1:15cv50
| Decision Date | 17 November 2016 |
| Docket Number | Civil Action No. 1:15cv50 |
| Court | U.S. District Court — Northern District of West Virginia |
| Parties | MICHAEL ANTHONY JONES, Plaintiff, v. UNITED STATES, et al., Defendants. |
(Judge Keeley)
Plaintiff initiated this pro se case on March 20, 2015, by filing a civil rights complaint against a number of defendants concerning his medical care at U.S.P. Hazelton. Complaint, ECF No.1.1 Plaintiff's initial complaint [ECF No. 11] brings suit against Defendants in their individual capacities pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). On October 1, 2015, Plaintiff filed an additional Complaint [ECF No. 62] in this same case bringing suit against the United States of America in a Federal Tort Claim. On March 22, 2016, Defendants filed a Motion to Dismiss or, in the alternative, Motion for Summary Judgment. ECF No. 92. A Roseboro Notice was sent to Plaintiff on April 7, 2016, notifying Plaintiff of his right and obligation to file a response. ECF No. 97. Plaintiff filed a response [ECF No. 112] and a Motion [ECF No. 114] for Summary Judgment.
Currently pending before the court are the following Motions: (1) Defendants' Motion [ECF No. 92] to Dismiss, or, in the alternative, Motion for Summary Judgment; Plaintiff's Motion [ECF No. 114] Requesting Summary Judgment; and Plaintiff's Motion [ECF No. 132] to Compel.
Plaintiff was sentenced on July 27, 2012, in the Eastern District of North Carolina to a life sentence for violating 21 U.S.C. § 846, Conspiracy to Distribute and Possession with Intent to Distribute More Than 5 Kilograms of Cocaine. ECF No. 92-2. Plaintiff is currently designated to the Federal Correctional Complex at the United States Penitentiary, Hazelton, West Virginia ("FCC Hazelton"), and has been so designated since August 28, 2012. Id.
Beginning in February 2013, Plaintiff complained, through an inmate request to staff, that his fingers were turning blue, were cold and numb, and that he was chronically short of breath. On February 21, 2013, Plaintiff was seen for these symptoms in Health Services. After speaking with Plaintiff, medical staff learned that he had seen a rheumatologist in the past and had been diagnosed with mixed connective tissue disease.2 Therefore, following the February 21, 2013 visit, labs were ordered, and Plaintiff was prescribed prednisone for his mixed connective tissue disease as well as omeprazole for esophageal reflux. ECF No. 92-3,Declaration of Dr. Gregory Mims, M.D. (Mims Decl.), ¶ 5.3 Plaintiff followed up about a week later with Health Services with continued complaints of shortness of breath, and cold, painful, swollen hands. Based on this, he was scheduled for a consult with the clinical director, Dr. Gregory Mims, MD, which consult occurred on March 1, 2013. Id. at ¶ 6. On March 1, 2013, Dr. Mims examined Plaintiff and diagnosed him with Raynaud's syndrome (a disorder causing blood vessels to narrow, mostly in the fingers and toes), and an unspecified diffuse connective tissue disease. Dr. Mims requested x-rays of Plaintiff's chest, which were completed on March 11, 2013. The results were abnormal and showed widespread lung opacity with basilar predominance. It was unclear if the results were due to pneumonia or due to chronic interstitial lung disease.4 Therefore, on March 13, 2013, Plaintiff was given antibiotics in case the results were in fact due to pneumonia. Id. at ¶ 7.
On April 2, 2013, another chest x-ray was taken of Plaintiff to determine whether there had been any improvement. Plaintiff's widespread lung opacity with basilar predominance was unchanged, reflecting chronic interstitial lung diagnosis. As a result, a chest CT scan and pulmonary consult request were entered into the system. The institution approved this request on April 15, 2013. On April 23, 2013, Plaintiff had a follow-up encounter with Health Services for worsening of his Raynaud's. As a result, he was prescribed Amlodipine tablets in an effort to widen theblood vessels and improve blood flow. Id. at ¶ 8.
In April 2013, Plaintiff was sent to Preston Memorial Hospital in Kingwood, West Virginia, for an echocardiogram. In May 2013, Plaintiff was again sent to Preston Memorial Hospital, this time for a CT scan of his chest, to be done with and without contrast. The echocardiogram was essentially normal, but the chest scan showed indications of a peripheral fibrotic disease. On June 5, 2013, Plaintiff was seen in Health Services and was prescribed an inhaler to address his shortness of breath. Id. at ¶ 9.
On August 7, 2013, Plaintiff had another CT scan of his chest with IV contrast performed at West Virginia University (WVU) Healthcare, Department of Radiology, which showed the presence of ground-glass attenuation indicating an ongoing disease process. On November 21, 2013, a progress note from WVU referred Plaintiff to rheumatology for evaluation and treatment of the connective tissue disease. Id. at ¶ 10. On October 18, 2013, Plaintiff was sent to the Zelda Stein Weiss Cancer Center at Mon General Hospital in Morgantown, West Virginia, to rule out cancer as the cause for a 45 pound weight loss. Cancer was ruled out, and on January 6, 2014, Plaintiff underwent a CT scan of his abdomen and pelvis at Preston Memorial Hospital, with and without contrast, in a further attempt to determine the cause for the weight loss. The test revealed that Plaintiff had a collapsed colon; thus, Health Services submitted a request for a colonoscopy and a GI consult. Indeed, the colonoscopy was not completed until January 16, 2015. However, it was unremarkable but for some internal hemorrhoids. Id. at ¶ 11.
Plaintiff had another chest x-ray on February 25, 2014, as well as a CTThorax without contrast on May 14, 2014. On May 22, 2014, Plaintiff was seen by Dr. JoAnn Allen Hornsby, MD, at WVU Healthcare's Rheumatology Clinic and was diagnosed with lupus. Between May 2014 and January 2015, Plaintiff continued to be seen regularly in a chronic care clinic, at sick call, and was taken to outside providers as needed, to include visits to pulmonology, radiology, and gastroenterology (where he received his colonoscopy). Id. at ¶ 12.
On January 8, 2015, Plaintiff filed Administrative Tort Claim Number TRT-MXR-2015- 01934. He claimed government liability in the amount of $5,000,000.00 for personal injury at USP Hazelton. Specifically, he alleged staff negligence in regard to his treatment of his medical diseases. The BOP conducted an investigation into Plaintiff's claims and denied his claim on April 14, 2015. Plaintiff was informed that he had six months from the date of the letter to file suit in the appropriate U.S. District Court. Plaintiff filed the present suit on March 20, 2015, which was prior to the date of BOP's denial letter for his Administrative Tort Claim.5 ECF No. 92-2.
Plaintiff's first claim in his Biven's complaint alleges that Defendants Dr. Mims, Nurse Hamilton, and Dr. Lafluer acted with deliberate indifference to serious medical needs causing or contributing to unreasonable delayed medical care and wanton infliction of pain and suffering in violation of the Eighth Amendment. ECF No. 11 at 9. Plaintiff's second claim alleges that Defendants Director Samuels, Director Caraway,Warden O'Brien, and Assistant Warden Odem acted with deliberate indifference to serious medical needs under "supervisor liability" causing or contributing to unreasonable delayed medical care and wanton infliction of pain and suffering in violation of the Eighth Amendment. Id. at 14. Plaintiff's third claim in his Biven's complaint alleges that Defendants, United States of America and the Bureau of Prisons, violated the ADA by and through its employees inasmuch as he is a qualified person and was excluded from service of a public entity. Id. at 24. More specifically, Plaintiff alleges that Defendants failed to issue and provide requested tests and studies to specialists for proper treatment and no alternative adequate medical care was given as "reasonable accommodations" for nearly (15) months in violation of ADA.6 Id.
Plaintiff's FTCA Complaint alleges federal employees at FCI Hazelton deliberately failed to provide timely tests and studies for specialist treatment over an unreasonable time period of nearly (22) months without providing alternative equal and adequate care. FTCA Complaint, ECF. No 62 at 11.
Plaintiff's second claim alleges that from November 21, 2013, to present, employees for the FBOP Agency namely, Director Charles E. Samuels, Regional DirectorJ.F. Caraway, Warden Terry O'Brien, and Associate Warden William Odom, did with negligence, reckless disregard for health and safety, abuse of process and breach of duty of care caused or contributed to unreasonable delay and inadequate medical care by and through negligent supervision of its employees. Id. at 14. Plaintiff alleges that the supervisors had knowledge of the delayed and inadequate medical care by reports and appeals. Id. In addition, Plaintiff asserts that Policy Statement 6031.04, which permits the clinical director to disregard a specialist recommendation, allowed the delay in treatment creating a substantial risk of harm and injury. Id. at 16.
In ruling on a motion to dismiss under Rule 12(b)(6), the Court must accept as true all well-pleaded material factual allegations. Advanced Health-Care Services, Inc., v. Radford Community Hosp., 910 F.2d 139, 143 (4th Cir. 1990). Moreover, dismissal for failure to state a claim is properly granted where, assuming the facts alleged in the complaint to be true, and construing the allegations in the light most favorable to the plaintiff, it is clear as a matter of...
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