Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kevin Galik v. A. Nangalama

October 13, 2011

KEVIN GALIK, PLAINTIFF,
v.
A. NANGALAMA, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER AND FINDINGS & RECOMMENDATIONS

I. Introduction

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants' motion to dismiss and, in the alternative, motion for summary judgment, filed June 1, 2011. After carefully considering the record, the undersigned recommends that defendants' motion be denied in part and granted in part.

II. Background

This action is proceeding on the third amended complaint as to defendants

Nangalama and Duc. Plaintiff alleges that he received inadequate medical care for several problems. Plaintiff does not allege that defendants were directly involved with his medical care for these problems. Rather, plaintiff alleges that defendants were aware of the inadequate medical care provided by other prison officials and failed to take steps to ensure that he received adequate medical care.

Back Injury

Plaintiff alleges that he did not receive adequate medical care for a back injury he suffered in March 2007. (Dkt. No. 27 at 2.) Plaintiff alleges that between March 5, 2007, and August 1, 2007, he submitted eight CDC 7362 forms requesting to be seen for his back injury. (Id. at 3.) Plaintiff also alleges that on April 30, 2007, prison officials ordered a back brace for him. (Id.) Plaintiff still had not received the back brace on June 7, 2007. (Id. at 4.) On May 15, 2007, plaintiff requested an x-ray for his back. (Id.) On June 13, 2007, Gabriel Borges ordered x-rays of plaintiff's back. (Id.) On July 19, 2007, plaintiff submitted a CDC 7362 form requesting information about the egg crate mattress that had been ordered for his back. (Id. at 4.) On July 26, 2007, plaintiff submitted a CDC 7362 form asking about the x-rays that had been ordered, but not yet taken. (Id.)

On August 11, 2007, x-rays were taken of plaintiff's back. (Id.) On August 13, 2007, Katherine Blackwell told plaintiff that his back injury had "healed over" and there was nothing that could be done to remedy the lost mobility and discomfort he would experience. (Id.)

Mouth Sores

On August 28, 2007, plaintiff submitted a CDC 7362 form requesting to be seen by medical staff for mouth sores. (Id. at 5.) On April 30, 2008, plaintiff submitted another CDC 7362 form requesting to be seen by medical staff for mouth sores. (Id.) On April 29, 2008, plaintiff was seen by a "doe" defendant for his mouth sores, but no treatment was provided. (Id.) Plaintiff submitted CDC 7362 forms requesting treatment for the sores in his mouth on May 19, 2008, and June 5, 2008. (Id. at 5.) On July 9, 2008, Dr. Wedell examined plaintiff, but provided no treatment for his mouth sores. (Id.) On August 5, 2008, plaintiff submitted a CDC 7362 form requesting treatment for his mouth sores. (Id.)

On September 8, 2008, plaintiff went to the emergency room for treatment for his mouth sores, but no treatment was provided. (Id. at 6.) The medical staff at the emergency room told plaintiff to notify nursing staff if the sores got any worse. (Id.) On October 10, 2008, plaintiff was seen by defendant "doe" for follow-up on his mouth sores. (Id.) Plaintiff was again instructed to notify nursing staff if his mouth sores got any worse. (Id.)

Hepatitis C -- Allergic Reaction

Plaintiff alleges that on August 5, 2007, he was prescribed treatment for Hepatitis

C. (Id.) Plaintiff suffered an allergic reaction as a result of the interaction between his Hepatitis C medication and other medications he was taking. (Id.)

On October 24, 2007, plaintiff submitted a CDC 7362 form seeking treatment for his allergic reaction. (Id.) Between October 21, 2007, and October 27, 2007, plaintiff suffered severe burning, itching, and welts and rashes over a large portion of his body. (Id. at 6-7.) On October 31, 2007, plaintiff was seen by defendant "doe" for treatment for the allergic reaction. (Id. at 6.) Plaintiff alleges that it took approximately eight days for him to be seen by defendant "doe" because this defendant determined that the allergic reaction did not meet emergency criteria. (Id. at 7.)

On November 9, 2007, and December 17, 2007, plaintiff submitted CDC 7362 forms requesting treatment for the rash caused by the allergic reaction. (Id. at 8.) On December 21, 2007, plaintiff was examined by Dr. Sogge who provided no treatment for the rash. (Id.)

Hepatitis C -- Discontinuation of Treatment

Plaintiff alleges that on December 25, 2007, his Hepatitis C treatment was discontinued. (Id. at 7.) Plaintiff was informed that the treatment was not "in stock" and they would have to get more. (Id.) Plaintiff alleges that for the Hepatitis C treatment to work, it must be administered on a rigid schedule. (Id.) Plaintiff alleges that had he voluntarily requested to stop the treatment once it began, he would have been subject to disciplinary action. (Id.)

On December 31, 2007, plaintiff was denied the last two injections for the Hepatitis C treatment because defendant "doe" did not have enough time to get the injections from the pharmacy. (Id. at 9.)

On June 5, 2008, plaintiff submitted a CDC 7362 form requesting to be seen by medical staff regarding the discontinuation of the Hepatitis C treatment and to have his viral levels checked. (Id.) On August 5, 2008, plaintiff submitted another CDC 7362 form requesting testing of his viral levels. (Id.) Plaintiff alleges that there has been no satisfactory treatment for his Hepatitis C since the discontinuation of his treatment. (Id.)

Chest Pains

On January 5, 2008, plaintiff experienced severe chest pains and notified Housing Unit Custody Staff. (Id.) Defendant "doe" determined that plaintiff's condition did not warrant emergency care. (Id.) On January 10, 2008, plaintiff submitted a CDC 7362 form requesting to be seen by medical staff for the chest pains. (Id. at 10.) On January 11, 2008, plaintiff was seen at the R.N. Line for chest pains and referred to cardiology. (Id.)

On January 11, 2008, plaintiff experienced severe chest pains and was taken to the emergency room where he was given an E.K.G. test. (Id. at 9.) Plaintiff received no other treatment. (Id. at 10.)

On January 17, 2008, defendant "doe" failed to ducat plaintiff for his medical appointment and instead recorded plaintiff as a "no show" and that he "refused to come to clinic." (Id.) Plaintiff had never been informed of the appointment. (Id.)

On January 19, 2008, plaintiff was seen by N.P. Bakewell who noted "possible angina." (Id. at 11.) N.P. Bakewell ordered blood pressure checks and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.