United States District Court, E.D. Wisconsin
DECISION AND ORDER DENYING PARTIES' CROSS-MOTIONS
FOR SUMMARY JUDGMENT AS TO ALAN POTTS (DKT. NOS. 21, 27) AND
SCREENING THE PLAINTIFF'S AMENDED COMPLAINT (DKT. NO.
PAMELA PEPPER UNITED STATES DISTRICT JUDGE
Timothy Steven Doss, who is representing himself, is
incarcerated at Wisconsin Resource Center. On June 24, 2015,
the court entered an order allowing him to proceed on
deliberate indifference and excessive force claims. Dkt. No.
10. On December 28, 2015, the plaintiff filed a motion for
summary judgment. Dkt. No. 21. On January 8, 2016, the
defendants filed a cross-motion for summary judgment. Dkt.
September 30, 2016, the court entered an order denying the
plaintiff's motion and granting the defendants'
motion as to defendants Eric Sweetman, Brian Foster, Cathy
Francois, Ryan Baumann, Jeanne Zwiers, Onie Walker, and Jay
VanLanen. Dkt. No. 62. The court held in abeyance its
decision on the cross-motions as to defendant Alan Potts.
Id. The court ordered Potts to provide additional
information to the court to assist it in making its decision.
Id. Potts filed supplemental proposed findings of
fact and a supplemental declaration on October 7, 2016. Dkt.
Nos. 63, 64. The plaintiff filed his own declaration in
response on November 14, 2016. Dkt. No. 67.
the court also ordered that the plaintiff could file an
amended complaint limited to the claims described in the
order. Dkt. No. 62 at 18. The court allowed the plaintiff to
do so in the interest of justice, because the plaintiff
originally had named the wrong defendant (and potentially
omitted others) as a result of relying on inaccurate
information given to him by a prison official. Id.
at 16-18. The plaintiff filed an amended complaint on
November 14, 2016. Dkt. No. 66.
decision resolves the cross-motions for summary judgment on
the plaintiff's claim against Potts, and screens the
plaintiff's amended complaint.
THE PLAINTIFF'S CLAIM AGAINST POTTS
The Relevant Facts 
relevant times, defendant Alan Potts was a correctional
officer at Green Bay Correctional Institution. (Dkt. No. 54
plaintiff suffers from sickle cell anemia, which is a
condition that causes red blood cells to form into a crescent
shape, like a sickle. Dkt. No. 51 ¶18. The sickle-shaped
red blood cells break apart easily, causing anemia.
Id. Sickle red blood cells live only 10 to 20 days
instead of the normal 120 days. Id. The damaged
sickle red blood cells also clump together and stick to the
walls of blood vessels, blocking blood flow. Id.
This can cause severe pain and permanent damage to the brain,
heart, lungs, kidneys, liver, bones, and spleen. Id.
with sickle cell disease may develop severe pain anywhere in
their body, and severe pain is an emergency called sickle
cell crisis. Id. ¶19. Treatment of sickle cell
crisis may include: opioid pain medications,
anti-inflammatory medications, antibiotics for infection,
oxygen, and/or intravenous or oral fluids. Id.
plaintiff was transferred to GBCI on January 3, 2014, and
sickle cell disease was listed as a significant illness on
his transfer screening form. Id. ¶21. Dr.
Sauvey (not a defendant), a physician at GBCI, implemented a
plan of care with Dr. Warren (not a defendant), a
hematologist at Green Bay Oncology who treats the plaintiff.
Id. ¶22. Dr. Warren outlined the
plaintiff's plan of care after each of the
plaintiff's appointments. Id. ¶23. Although
correctional officers were not given written documents from
the plaintiff's medical files, they were advised via a
posted note that the plaintiff has a significant chronic
condition and they should contact health services immediately
with any complaints from the plaintiff. Id.
July 5, 2014
plaintiff alleges that on July 5, 2014, around 8:30 a.m. to
8:45 a.m., he began to experience excruciating pain, nausea,
dizziness, and feeling as if he was about to pass out. Dkt.
No. 54 ¶23. The plaintiff states that he recognized the
symptoms as on-coming sickle cell crisis. Id. In
line with his healthcare plan, the plaintiff contacted a
correctional officer via his cell's intercom system and
asked that he notify health care services staff. Id.
plaintiff states that Officer Vang (not a defendant) answered
the call at 9:00 a.m. and noted in the logbook “sickle
cell hurts bad.” Id. When no one arrived and
his condition worsened, the plaintiff informed another inmate
that he felt faint, and he asked the inmate to press his
emergency call button. Id. At about 9:15 a.m., the
plaintiff again reported that he was having difficulties
Id. The plaintiff then became dizzy and fell
unconscious, hitting his head on the wall behind him.
to another inmate, Potts arrived at the plaintiff's cell
at about 11:15 a.m. to distribute meal trays to inmates.
Id. The inmate told the plaintiff that Potts saw him
lying on the floor, but Potts did not get help. Id.
Instead, Potts taunted the plaintiff, and when he received no
response, Potts secured the trap door and continued
distributing meal trays. Id.
states that he does not specifically recall the July 5, 2014
incident. Dkt. No. 63 ¶139. He explains that, generally,
if he observes an inmate lying on the floor during meal time,
he will attempt to get the inmate's attention
Id. ¶140. He states that it is not uncommon for
inmates to lie on the floor or not verbally respond to an
officer. Id. If an inmate does not respond, Potts
will ensure the inmate is breathing and will notify the unit
explains that, although he does not recall this specific
event, if the plaintiff had been lying on the floor and not
responding, Potts would have acted consistent with his
training and would have looked for a rise or fall of his
chest and/or body movement to ensure the plaintiff was
breathing. Id. ¶141. Potts states that he
likely would have finished feeding the rest of the wing as it
would have taken only a few minutes to do so, then he would
have informed the sergeant that the plaintiff was lying on
the floor and not responding to Potts' verbal requests.
Id. Potts asserts that ...