United States District Court, E.D. Wisconsin
DECISION AND ORDER DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT (DKT. NO. 25) AND GRANTING
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DKT. NO.
PAMELA PEPPER UNITED STATES DISTRICT JUDGE
plaintiff, Dwayne Almond, is a prisoner representing himself.
He filed this lawsuit alleging that the defendants deprived
him of mental health care for his serious mental health needs
since November or December 2013, in violation of his
constitutional rights. Dkt. No. 1. The plaintiff has filed a
motion for summary judgment, Dkt. No. 25, as have the
defendants, Dkt. No. 73. For the reasons explained in this
order, the court will deny the plaintiff’s motion,
grant the defendants’ motion, and dismiss the case.
plaintiff was incarcerated at Waupun Correctional Institution
(Waupun) at all times relevant to this case. Dkt. No. 76 at
¶1. He began his incarceration at Waupun on December 2,
2011. Dkt. No. 26 at ¶2.
Paul Ludvigson, Courtney Endres, Lesley Baird and Sandra
Johnston were members of the Psychological Services Unit at
Waupun at all times relevant. Dkt. No. 76 at ¶¶10,
12, 14, 16. Defendant Nicole Kamphuis is the Americans with
Disabilities Act (ADA) coordinator at Waupun, and defendant
Greg Nesbit was the backup ADA coordinator at the relevant
time. Id. at ¶¶4-5. Defendants Welcome
Rose, Charles Facktor and Karen Gourlie served as corrections
complaint examiners, who investigate and respond to inmate
complaints. Id. at ¶¶7, 9. Defendant
William Pollard is the former warden at Waupun, and defendant
Matthew Frank is the former secretary of the Department of
Corrections. Id. at ¶¶2, 8.
Psychological Services at Waupun
staff assign all Waupun inmates a primary clinician from the
Psychological Services Unit (PSU). Id. at ¶31.
At intake, staff members assess inmates and assign them one
of the following mental health codes:
MH-0: No mental health needs;
MH-1: Acute or minor mental health need;
MH-2: Presence of a serious mental illness;
MH-2A: Serious mental illness such as schizophrenia or
bipolar disorder; or
MH-2B: Inmate has a personality disorder that seriously
impairs his functioning such that he is in need of clinical
Id. at ¶¶20-21.
staff members see MH-0 inmates if those inmates request
services or if they are imminently suicidal (in which case
the clinician assigned to crisis duties for that day would
see the inmate immediately). Id. at ¶24.
Generally, clinicians do not see general population inmates
with an MH-0 mental health rating unless such inmates submit
a Psychological Services Request (PSR). Id. at
¶55. In that case, the clinician typically sees the
inmate within three to six weeks, depending on that
clinician’s caseload, which could vary from 100-300
staff members routinely see MH-1 and MH-2 inmates for
wellness checks, and to assess their symptomatology and
treatment needs. Id. at ¶26. Staff members
monitor MH-1 inmates every six months while in general
population, and MH-2 inmates every three months while housed
in general population. Id. at ¶27.
segregation unit, PSU staff conduct routine rounds every one
to two weeks, during which they approach inmates’ cell
fronts and speak with them to provide wellness checks and
determine if the inmates need further treatment. Id.
at ¶¶41, 43-44. Staff members see all inmates,
regardless of mental health code, upon their arrival in
segregation to assess their mental status and adjustment to
segregation. Id. at ¶42.
Psychological Care of the Plaintiff
Endres was the plaintiff’s primary clinician from May
2013 to May 2014. Id. at ¶38. The
plaintiff’s mental health code was MH-0 during that
time. Id. at ¶39.
Endres’ initial contact with the plaintiff occurred on
May 6, 2013, when the plaintiff was in the segregation unit.
Id. at ¶40. That day, the plaintiff asked Dr.
Endres to transfer him to the Behavioral Health Unit, a
special unit at Waupun for chronically and severely mentally
ill inmates. Id. at ¶47. The plaintiff insisted
that he was schizophrenic, despite any overt manifestation of
psychosis or any indication of such a diagnosis in recent
records. Id. at ¶48. Dr. Endres informed the
plaintiff that the plaintiff did not have a mental health
diagnosis and that he lacked any signs of psychosis, and that
transfer to the Behavioral Health Unit would be
inappropriate. Id. at ¶49.
later, on May 13, 2013, Dr. Endres arrived at the
plaintiff’s cell door for a brief check of mental
status. Id. at ¶50. The plaintiff shouted a
somewhat unintelligible statement about not wanting to speak
with any “DOC people because [we] are all the
plaintiff did not request any further mental health care
until November 2013, when he submitted a psychological
services request (PSR) from his cell in general population.
Id. at ¶51. In the PSR, the plaintiff asked
“to see the (Mental – Expert – Doctor),
do[sic] to hearing-voices, and seeing unknowed [sic]–
people – before – me?” Id. at
¶52. Waupun staff forwarded the PSR to Dr. Endres, who
responded in writing, informing the plaintiff that the
plaintiff would be “put on my schedule; it will be in
4-5 weeks.” Id. at ¶¶53-54.
December 2013, the plaintiff transferred into segregation
status. Id. at ¶56. Dr. Endres checked on him
during rounds on December 16, 2013, noting that the plaintiff
appeared to be sleeping. Id. at ¶57. Ten days
later, on December 26, 2013, Dr. Endres checked on the
plaintiff again. Id. at ¶58. The plaintiff was
awake and appeared to be writing something, but he would not
respond when Dr. Endres called his name and knocked on his
door. Id. On January 6, 2014, Dr. Endres tried
again, and the plaintiff ignored her attempts to speak with
him. Id. at ¶59.
March 2014, the plaintiff was back in segregation, and Dr.
Endres again attempted to speak with him. Id. at
¶61. When Dr. Endres approached his cell, the plaintiff
shouted, “I’m busy!” and would not further
acknowledge her presence. Id. On April 14, 2014, Dr.
Endres tried again. Id. at ¶62. The plaintiff
was awake and appeared to be doing paperwork, but would not
respond to her attempts to speak with him. Id. On
April 28, 2014, Dr. Endres approached the plaintiff’s
cell door and the plaintiff yelled, “Get the f-k away
from my door!” Id. at ¶63.
5, 2014, Dr. Endres attempted to speak to the plaintiff at
his cell and received the same result. Id. That same
day, the plaintiff sent a PSR to the “Supervisor of
PSU,” asking for a transfer to the Wisconsin Resource
Center, a facility for severely mentally ill patients, so
that he could participate in a prerelease program.
Id. at ¶¶64-65. Primary clinicians
initiate transfers to this program, and a series of officials
approves the transfers. Id. at ¶65. Officials
typically permit transfers where the inmate has made efforts
to participate in group or individual treatment at Waupun,
and where the inmate requires additional, more intensive
mental health treatment. Id. at ¶66. Officials
require inmates who do not meet these specialized needs to
use the pre-release services that Waupun’s social work
department offers. Id. At ¶67. Consequently,
Dr. Endres denied the plaintiff’s request, and
suggested that he contact the social work department
regarding pre-release programming. Id. at ¶68.
12, 2014, Dr. Endres tried to speak with the plaintiff, who
responded by yelling obscenities at her. Id. at
¶69. When Dr. Endres explained her presence at his cell,
the plaintiff began screaming at her again. Id. The
following week, the plaintiff posted a sign on his door
indicating that he did not wish to speak with PSU staff.
Id. at ¶70. At some point after May 19, 2014,
the plaintiff transferred to another PSU staff member, and
Dr. Endres had no further involvement with him. Id.
Ludvigson was not the plaintiff’s primary clinician,
but he did provide the plaintiff care on an as-needed basis,
and saw him during clinical rounds when his primary clinician
was not available. Id. at ¶74. Ludvigson
attempted to meet with the plaintiff during rounds on June 2,
2014. Id. ¶75. He noted that the plaintiff was
upset because the psychiatrist had not seen him for
medications. Id. During rounds on June 9, 2014,
Ludvigson stopped to speak with the plaintiff at his cell
front, and noted that the plaintiff wanted an appointment
with the psychiatrist. Id. at ¶78. The
plaintiff informed Ludvigson that he had stopped taking
medication “years ago” and that he had previously
taken Haldol. Id. Ludvigson advised the plaintiff to
write to the psychiatrist if he wanted an appointment.
Id. On June 23, 2014, during rounds, Ludvigson spoke
with the plaintiff for clinical monitoring at his cell front.
Id. at ¶79. The plaintiff asked Ludvigson if
Ludvigson had told psychiatry that the plaintiff wanted
medications, and Ludvigson told the plaintiff that Ludvigson
had notified his clinician of his request for medications.
Id. Ludvigson also informed the plaintiff that the
plaintiff could write to Health Services Unit (HSU) for an
appointment with the psychiatrist. Id.
mid-May of 2014, Bonnie Halper (who is not a defendant in
this case) became the plaintiff’s primary clinician
after Dr. Endres. Id. at ¶74. Halper saw the
plaintiff on clinical rounds nine times during the remainder
of 2014. Id. at ¶81.
saw the plaintiff in the group room in the segregation unit
on November 5, 2014, for an individual session. Id.
at ¶85. Halper noted that the plaintiff arrived calm,
and was cooperative throughout their discussion about his
mental health concerns. Id. The plaintiff indicated
to Halper that he was sad/depressed at ¶ 7/8 on a scale
of 1 to 10, and that he had experienced depression since
childhood. Id. Halper noted that the plaintiff
stated that he had little energy and could focus his
attention for only a few moments at a time. Id. The
plaintiff also felt very stressed, and could tolerate the
voices (in his head) for so long, but they become unbearable
and his cellmates become irritated with him because he
sometimes answered the voices, making the inmates think the
plaintiff was talking with them, and at times took offense.
Id. The plaintiff reported that he had been treated
with Thorazine and Seroquel in the community and would get
daily Haldol, but there were times he was given Haldol shots.
Id. The plaintiff stated that he, his father and a
cousin all were diagnosed with schizophrenia (paranoid type),
and asked for a referral for psychiatry for the purpose of
medication consideration. Id. Halper agreed to
prepare a referral. Id.
on her examination, Halper found that although the plaintiff
reported hearing voices, it actually might be intrusive
thoughts, and she decided to conduct further assessment.
Id. at ¶87. Halper diagnosed the plaintiff with
Unspecified Depressive Disorder, Dysthymic Disorder, and a Hx
(history) of Schizophrenia. Id. at ¶88. She
made a plan to change the plaintiff’s level of mental
health monitoring due to the referral for psychiatric care,
and changed his mental health code to MH-1. Id.
Defendant Baird reviewed and signed Halper’s
Psychological Services Clinical Contact note on December 1,
November 24, 2014, the plaintiff saw psychiatrist Todd
Callister (who is not a defendant in this case). Id.
at ¶90. Dr. Callister noted that the plaintiff did not
present with a psychotic illness, and he did not prescribe
any medication at that time. Id.
December 18, 2014, Halper saw the plaintiff in response to
his request to be seen. Id. at ¶91. Halper
noted that the plaintiff reported that he felt “more
than” depressed, yet she found that his affect appeared
to express anger and agitation. Id. Halper further
noted that the plaintiff indicated that he felt fearful and
felt afraid of the voices that told him things like “he
should kill himself, drink water out of the toilet,
they’ll kill you, or they’re setting you
up.” Id. The plaintiff informed Halper that
the hallucinations he saw involved “scary faces.”
Id. The plaintiff indicated that he had some
concerns about transitioning to regular GP (general
population), and said that he would like to participate in
pre-release treatment. Id. The plaintiff spoke about
not being seen by Dr. Callister and still not having
medications; Halper encouraged him to send another PSR to
on her exam, Halper maintained the plaintiff’s MH-1
mental health code and diagnosis of Unspecified Depressive
Disorder, Dysthymic Disorder, and a history of Schizophrenia
per PSU Records. Id. at ¶93. Halper noted that
the plaintiff indicated that he wanted to participate in a
pre-release and coping skills group, and that he agreed to
complete a screen form for that group and return it to PSU.
Id. Defendant Baird reviewed and signed
Halper’s Psychological Services Clinical Contact note
on January 5, 2015. Id.
January 15, 2015, Dr. Callister saw the plaintiff for a
follow-up appointment, and observed that he did not believe
any psychiatric treatment, including medication, was
necessary. Id. at ¶94. Dr. Callister instead
diagnosed the plaintiff as “malingering,” with a
history of personality disorder with narcissistic and
antisocial features. Id.
January 15, 2015 psychiatric report on the plaintiff
indicated that “a review of his chart and numerous
providers have come to the conclusion that the patient is
malingering symptoms . . .,” and further that “he
has been incarcerated since 2005 and reports from psychology
staff have consistently noted an absence of any evidence of
psychotic symptoms.” Id. at ¶95. The
psychiatrist concluded with the diagnoses of malingering and
a “history of personality disorder with narcissistic
and antisocial features.” Id.
January 22, 2015, defendant Ludvigson attempted to meet with
the plaintiff, who glared at him and said, “All you
honkeys keep your honkey asses away from my door.”
Id. at ¶97. Ludvigson performed a limited
mental health status evaluation, and observed that the
plaintiff’s mental health status was within normal
limits. Id. Ludvigson then made a treatment plan,
which specified that the plaintiff would be seen routinely
during clinical rounds in segregation based on the clinical
monitoring schedule, and as he requested. Id. at
¶98. Baird reviewed and signed Ludvigson’s plan.
attempted to speak with the plaintiff for clinical monitoring
on April 13, 2015, after the plaintiff was placed in
temporary lockup for assault. Id. at ¶99. The
plaintiff refused the visit, stating, "Get the fuck away
from my door with that hoe-ass shit! Sick ass fags!”
Id. Ludvigson maintained the plaintiff’s MH-1
mental health code and made a plan to have him seen routinely
by his clinician during clinical rounds, and as requested.
Id. Ludvigson had no further involvement in the
mental health care of the plaintiff after April 13, 2015.
Id. at ¶100.
staff continued to try to engage the plaintiff for treatment
during clinical rounds, but he refused to cooperate with
staff efforts. Id. at ¶101. Specifically, PSU
staff members attempted to speak with the plaintiff, and were
rebuffed, during clinical rounds on: January 26, 2015;
February 5, 2015; February 10, 2015; February 17, 2015;
February 23, 2015; April 20, 2015; April 27, 2015; May 5,
2015; May 18, 2015; May 26, 2015; June 1, 2015; June 8, ...