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Johnson v. Corizon Health, Inc.

United States District Court, W.D. Tennessee, Eastern Division

February 10, 2015

BOBBY JOHNSON, Plaintiff,
v.
CORIZON HEALTH, INC., ET AL., Defendants.

ORDER TO MODIFY THE DOCKET, DENYING MOTION FOR A PRELIMINARY INJUNCTION, DISMISSING COMPLAINT AND GRANTING LEAVE TO AMEND

JAMES D. TODD, District Judge.

On November 6, 2014, Plaintiff, Bobby Johnson a/k/a Bobbie Johnson, Tennessee Department of Correction ("TDOC") prisoner number 257570, an inmate at the Northwest Correctional Complex ("NWCX") in Tiptonville, Tennessee, filed a pro se complaint pursuant to 42 U.S.C. § 1983, accompanied by a motion seeking leave to proceed in forma pauperis. (ECF Nos. 1 & 2.)[1] The Court issued an order on November 7, 2014, that granted leave to proceed in forma pauperis and assessed the civil filing fee pursuant to the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. §§ 1915(a)-(b). (ECF No. 4.) The Clerk shall record the Defendants as Corizon Health, Inc. ("Corizon Health"); Corizon, Inc. ("Corizon"); Dr. Carl Keldie, the national medical director for Corizon Health and Corizon in November and December 2012; Becky Pinney, the chief nursing officer for Corizon Health and Corizon in November and December 2012; Drs. John Louis Hochberg and Vernita Duncan, both of whom are alleged to be the NWCX Medical Director; Amanda Collins, the Chief Nursing Officer at the NWCX; Samantha Phillips, the NWCX Health Services Administrator; the State of Tennessee; the TDOC; former NWCX Warden Henry Steward; NWCX Deputy Warden Brad Poole; and NWCX Associate Warden Melvin Tirey. Each of the individual Defendants is sued in his or her individual and official capacities. ( See ECF No. 1 at 1.)

On November 26, 2014, Plaintiff filed a motion for preliminary injunctive relief (ECF No. 5) and a first amended complaint that appears to be intended to supplement, rather than to supersede, the original complaint (ECF No. 6). The Clerk shall record the following additional Defendants, each of whom is sued only in his or her official capacity: TDOC Commissioner Derrick Schofield, TDOC Deputy Commissioners of Operations Catherine Posey and Jim Thrasher; TDOC Commissioner of Operations Reuben Hodge; TDOC Director of Health Services Donna K. White; and TDOC Medical Director of Clinical Services Lester Lewis.[2] On December 18, 2014, Plaintiff filed a declaration in support of his motion for a preliminary injunction. (ECF No. 8.)

Under Rule 65(d)(1) of the Federal Rules of Civil Procedure:

Every order granting an injunction and every restraining order must:
(A) state the reasons why it is granted;
(B) state its terms specifically; and
(C) describe in reasonable detail-and not by referring to the complaint or other document-the act or acts restrained or required. Fed.R.Civ.P. 65(d)(1). Parties seeking preliminary injunctive relief must submit a proposed order. Local Rule 7.2(a)(1)(A).

Plaintiff has not submitted a proposed order, and his complaint is not sufficiently specific to permit the Court to craft an appropriate order. An order merely directing one or more Defendants to provide appropriate medical care to Plaintiff is too vague and ambiguous to satisfy Rule 65(d)(1)(B). The motion for preliminary injunctive relief is DENIED.

The original complaint alleges that Plaintiff is a fifty-year-old male with a history of high blood pressure. (ECF No. 1 at 7, ¶ 15.) Between August 2011 and August 2012, Plaintiff had been prescribed "clonidine hcl. 0.2mg, " which properly treated his condition. (Id. ¶ 17.) On March 22, 2013, when Plaintiff went to the medication window to pick up his medication, he was given the following new medications: Nifedipine 90 mg; Hydrochlorothiazide; and Lisinopril 10 mg. (Id. at 8, ¶ 18.) After he had taken those medications for four days, "Plaintiff began to experience a rash all over his body and bumps over his face, having sweats and aches in his chest area, unable to sleep or rest." (Id. ¶¶ 19-20.) The symptoms continued for several days. (Id. ¶ 21.)

On April 9, 2013, Plaintiff requested medical treatment and filled out an emergency sick-call request to see Defendant Phillips. He received no response. (Id. ¶ 21.) On April 16, 2013, Plaintiff received a sick-call pass to see Defendant Collins. After describing his symptoms, Collins conducted no tests or evaluation of the chest pain that Plaintiff had been experiencing. Instead, she asked Plaintiff whether he had been exercising and taking his medication as directed. (Id. ¶ 22.)

Plaintiff returned to sick-call on April 19, 2013, where he was seen by "an Asian looking nurse, " who "refused to perform any type of tests, evaluation or analysis of the chronic chest pain Plaintiff was experiencing." (Id. ¶ 23.)

At 4:00 a.m. on April 30, 2013, Plaintiff was taken by officers to the infirmary because he was suffering from "severe chest pains, numbness on the left side, top left shoulder, left side arm throughout his fingertips." (Id. at 9, ¶ 24.) "The medical staff did not perform any type of tests, evalution or analysis of the chronic chest pain Plaintiff was experiencing." (Id. ) Plaintiff was given a nitroglycerin pill and one aspirin and was kept overnight for observation. (Id. ) In the morning of April 30, 2013, Plaintiff was seen by Defendant Hochberg, who did not perform any tests and who ignored Plaintiff's requests for treatment. (Id. ¶ 25.) Later that morning, Plaintiff was given a pass to the clinic for a chest x-ray. However, no x-ray was performed, and Plaintiff was ultimately told he was on a list to see the doctor. (Id. ¶ 26.)

On May 5, 2013, Plaintiff's condition worsened when he tried to exercise as the medical staff had instructed. (Id. ¶ 27.) On May 6, 2013, Plaintiff signed up for sick call and spoke to a nurse, who refused to perform any tests. The nurse told Plaintiff that he would see the doctor the next day. (Id. ¶ 28.)

On May 7, 2013, Plaintiff was seen by Defendant Hochberg, who agreed that his medication needed to be tested. (Id. at 10, ¶ 29.) Plaintiff retrieved his medicine and gave it to Hochberg, who assured Plaintiff that it was being sent to the laboratory for testing and that he should pick up his new medication at the window in a couple of days. (Id. ¶ 30.) When Plaintiff went to the medication window a few days later, a nurse told him that his medication had not been sent to the laboratory for testing. (Id. ¶ 31.) Plaintiff received a pass to the clinic on May 16, 2013, but, when he arrived, he was turned away by an officer, who told him that "your treatment is over and you will not be rescheduled." (Id. ¶ 32.) On May 17, 2013, Plaintiff ...


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