Patrick v. Staples

• Decision Date: 31 October 1991
• Docket Number: Civ. No. S90-447.
• Citation: 780 F. Supp. 1528
• Parties: Ray C. PATRICK, Plaintiff, v. Dennis STAPLES, Mark Haley, Robert Kuhn, T. Nornes, D. Bengert, Doctor Bautista, Doctor Paz Sango, R.N.B. Patterson, Doctor Raymond O'Brien, Individually and Official capacities, Dr. Villoso, A. Metzcus, R.N. Eelee, Ofc. Taippan, Defendants.
• Court: U.S. District Court — Northern District of Indiana

780 F. Supp. 1528

Ray C. PATRICK, Plaintiff, v. Dennis STAPLES, Mark Haley, Robert Kuhn, T. Nornes, D. Bengert, Doctor Bautista, Doctor Paz Sango, R.N.B. Patterson, Doctor Raymond O'Brien, Individually and Official capacities, Dr. Villoso, A. Metzcus, R.N. Eelee, Ofc. Taippan, Defendants.

Civ. No. S90-447.

United States District Court, N.D. Indiana, South Bend Division.

October 31, 1991.

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Ray C. Patrick, pro se.

Thomas D. Quigley, Indianapolis, Ind., for defendants.

ORDER

ALLEN SHARP, Chief Judge.

This case was referred to Magistrate/Judge Robin D. Pierce for a Report and Recommendation which was duly filed on September 30, 1991. No objections have been filed thereto. Magistrate Pierce has prepared an elaborate, 45-page Report and Recommendation so thorough and carefully crafted that this court has determined to publish the same with this court's wholehearted and complete approval. As this massive Report and Recommendation clearly indicate, the disposition and management of pro se prisoner litigation is just plain hard, time-consuming work. The sooner that those who record time consumption probabilities to such cases learn that lesson the better all of us in the federal trial judiciary will be.

The Report and Recommendation is in all things approved. Such other proceedings that must necessarily follow therefrom will go forward with all deliberate speed. IT IS SO ORDERED.

REPORT AND RECOMMENDATION

ROBIN D. PIERCE, United States Magistrate Judge.

This case is before the court on defendants' motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The plaintiff, Ray Charles Patrick, is an inmate at the Westville Correctional Center ("WCC") in Westville, Indiana. He filed the present action, pro se, on September 11, 1990, and was granted leave to file a second amended complaint on February 4, 1991. His second amended complaint, which raises federal claims under 42 U.S.C. §§ 1981 through 1991 "et seq.," along with certain pendent claims under state law, alleges that the 13 named defendants, various medical personnel and officers or employees at the WCC, violated his constitutional rights under the First, Fourth, Fifth, Eighth, Thirteenth and Fourteenth Amendments, by conspiring to deprive him of medical care, interfering with his mail, and subjecting him to involuntary servitude, racial discrimination and cruel and unusual punishment, among other things. Of Mr. Patrick's myriad claims, most are found to be baseless and frivolous, but some survive examination under Rule 12(b)(6) standards.

12(b)(6) Standard

Federal Rule of Civil Procedure 12(b)(6) authorizes dismissal of complaints that state no actionable claim. When reviewing pro se complaints, the court must employ standards less stringent than if the complaint had been drafted by counsel. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Jones v. Morris, 777 F.2d 1277 (7th Cir.1985). The court must accept as true all well-pleaded factual allegations and inferences which may reasonably be drawn from those facts. Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Corcoran v. Chicago Park District, 875 F.2d 609, 611 (7th Cir.1989); Gomez v. Illinois State Board of Education, 811 F.2d 1030 (7th Cir.1987); Vaden v. Village of Maywood, Ill., 809 F.2d 361, 363 (7th Cir.), cert. denied, 482 U.S. 908, 107 S.Ct. 2489, 96 L.Ed.2d 381 (1987); Hampton v. City of Chicago, 484 F.2d 602 (7th Cir.1973), cert. denied, 415 U.S. 917, 94 S.Ct. 1413, 39 L.Ed.2d 471 (1974). At the same time, the court is not required to "`ignore any facts set forth in the complaint that undermine the plaintiff's claim....'" Martin v. Davies, 917 F.2d 336, 341 (7th Cir.1990), quoting Gray v. Dane County, 854 F.2d 179, 182 (7th Cir.1988). A motion to dismiss will not be granted under these circumstances unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Hishon v. King & Spalding, 467 U.S. 69, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Illinois Health Care Ass'n v. Illinois Dept. of Public Health, 879 F.2d 286, 288 (7th Cir. 1989); Gomez v. Illinois State Board of Education, 811 F.2d 1030 (7th Cir.1987); Ellsworth v. City of Racine, 774 F.2d 182, 184 (7th Cir.1985), cert. denied, 475 U.S. 1047, 106 S.Ct. 1265, 89 L.Ed.2d 574 (1986); French v. Heyne, 547 F.2d 994 (7th Cir. 1976). A plaintiff may not avoid dismissal, however, merely by attaching bare legal conclusions to narrated facts which fail to outline the basis of his claims. Perkins v. Silverstein, 939 F.2d 463, 469, 472 (7th Cir.1991); Strauss v. City of Chicago, 760 F.2d 765, 767-68 (7th Cir.1985); Sutliff, Inc. v. Donovan Companies, 727 F.2d 648, 654 (7th Cir.1984).

Even under the notice pleading of the Federal Rules of Civil Procedure and the liberal interpretation given to pro se pleadings, a complaint must include allegations respecting all material elements of all claims asserted. Papapetropoulous v. Milwaukee Transport Services, 795 F.2d 591, 594 (7th Cir.1986); Powe v. City of Chicago, 664 F.2d 639 (7th Cir.1981); Cannon v. Univ. of Chicago, 648 F.2d 1104 (7th Cir.), cert. denied, 454 U.S. 1128, 102 S.Ct. 981, 71 L.Ed.2d 117 (1981). Bare legal conclusions attached to narrated facts will not suffice. Strauss, 760 F.2d at 768; Sutliff, 727 F.2d at 654. A Rule 12(b)(6) motion to dismiss need not be wholly granted or denied, but may be granted as to part of a complaint and denied as to the remainder. Fielding v. Brebbia, 399 F.2d 1003, 1006 (D.C.Cir.1968); Drewett v. Aetna Casualty & Surety Co., 405 F.Supp. 877, 878 (W.D.La.1975).

The Second Amended Complaint

The factual averments set forth in Mr. Patrick's second amended complaint (hereinafter referred to as "the complaint"), though far from clear, may be described as follows: Mr. Patrick is black; defendants Staples, Haley, Kuhn, Nornes and Bengert are white. Mr. Patrick alleges that they discriminated against him because of his race.

On May 23, 1990, Mr. Patrick informed defendants Haley, Kuhn and Staples that he had "scoliosis of the spine," together with "pain and fatigue." According to Mr. Patrick, the INH medication he had been taking for his tuberculosis caused him to experience dizziness, fatigue and vomiting.¹ Although he showed Haley, Kuhn and Staples his health report from the LaPorte County Health Department, they ignored his documentation and complaints and assigned him to work in the prison kitchen "pending medical AM." (See Classification Hearing Report attached to the Complaint).

Mr. Patrick alleges that defendant Staples, the kitchen supervisor, "sit's on the unit team, so, he can judge who would be the most ignorant and docile, (mostly Black's) to work in the kitchen, without giving him (and T. Nornes) no trouble, with the coercion, if plaintiff doesn't work, defendants will write conduct reports' (attached) and send plaintiff to violated or violent, and less desirable G.S.C."

Drs. Bautista, Sango, Villoso and O'Brien, along with Nurse Patterson, failed to conduct a proper medical evaluation of Mr. Patrick. Though aware that he was a carrier of tuberculosis, they forced him to work in the kitchen anyway, thereby violating the "agreed entry" in the case of Anderson v. Orr.

Although Mr. Patrick told Drs. Bautista and Sango and Nurse Patterson that he "had pain climbing to a top bunk," they told him he did not meet the criteria for a bottom bunk and handed him a bottom bunk criteria order or policy signed by Anthony Metzcus², the prison's health care administrator. Dr. O'Brien diagnosed Mr. Patrick's scoliosis, but would not order a back brace and orthopedic footwear, provide Mr. Patrick with a bottom bunk pass, or restrict his "job limitation's."

On "different occasions" Mr. Patrick talked to Daniel Bengert, his dorm counselor, and informed Bengert that he had tuberculosis. Bengert, however, refused to look at Mr. Patrick's medical documentation, refused to talk to him about his medical disabilities, and ordered him out of his office. Defendant Haley, also a dorm counselor, would not consider Mr. Patrick's medical documentation and told Patrick to leave his office. On May 25, 1990, Haley allegedly asked Patrick "why do you people always have something to complaint about — you got it better here than you did on the street's — and go get some more pictures taken — I'm sure there's some contraband photo ticket's somewhere you ought to get — your family won't know the difference."

On June 22, 1990, while Mr. Patrick was working in the kitchen, he heard Dennis Staples tell Officer Nornes "to get that Black-ass son-of-bitch." Nornes replied, "Yea, He's (plaintiff) a smart Fucking Nigger — well i'll take care of him — and his smart ass."

On July 20, 1990, Mr. Patrick saw Dr. Villoso about an appointment with Dr. O'Brien. According to Patrick, Dr. Villoso "said there was nothing wrong with me, I told her i was in pain in my stomach area, and that my spine was hurting me, and that i needed a no-work pass from the kitchen, as i have tuberculosis, and i may be exposing other, or even contaminating the food when i cough around it." Dr. Villoso allegedly refused to get Mr. Patrick an appointment with Dr. O'Brien, felt Mr. Patrick's stomach area, told him that there was nothing wrong with him, indicated that he would be okay, refused to provide him with a "no-work pass," and told him to go back to work.

On July 31, 1990, while Mr. Patrick was at sick call, Officer Tappan interfered with his "medical," called him "a stupid fucking N____," said that he didn't need any medication, and told him "___ get the f___ out of here...." Mr. Patrick notes that Tappan "is a white guard, and i am black."

On August 7, 1990, while Mr....