United States District Court, W.D. Wisconsin
OPINION AND ORDER
D. PETERSON DISTRICT JUDGE
plaintiff and prisoner Rick Tyrone Robinson has responded to
the court's second order asking him to clarify the scope
of his claim against defendant Lindsey Walker. Dkt. 36 and
Dkt. 37. Because Robinson's response shows that he has
not stated a claim against Walker, I will dismiss the case.
originally allowed Robinson to proceed on a claim that Walker
violated his Eighth Amendment rights by giving him medication
that caused him to grow breasts. Dkt. 8. Robinson later
informed the court that I had misconstrued his complaint and
that Walker had not given him the wrong medication.
Dkt. 29, at 5. But he failed to explain why he was suing
Walker, so I asked him to supplement his complaint with
allegations showing what Walker did to violate his rights.
Dkt. 33. Robinson responded to the order, Dkt. 34, but none
of his allegations stated a claim against Walker, so I gave
him a list of specific questions that he needed to answer:
1) What issue was Robinson discussing with Walker? What did
he tell her and how did she respond?
2) Was Walker involved in the grievance process? If so, how?
3) What does Robinson believe that Walker should have done
that she failed to do?
4) Does Robinson believe that it is Walker's fault that
he received the wrong medication? If so, why does he believe
that and what should she have differently?
5) Does Robinson believe that Walker prevented him from
receiving medical care after he took the wrong medication? If
so, what did she do to deny him care? And what medical care
did she prevent him from receiving?
6) Was Robinson harmed by Walker's conduct? If so, how?
Dkt. 36, at 4.
response, Robinson clarifies that he complained to Walker
after he received the wrong medication. Dkt. 37. He
does not allege that she had earlier notice of a problem. I
understand him to be alleging that she violated his rights in
two ways: (1) failing to resolve his administrative grievance
appropriately; and (2) failing to provide him medical care.
allegations do not state a claim upon which relief may be
granted. As to the first allegation, I explained in my
previous order that mishandling a grievance does not violate
the Constitution. Dkt. 36, at 3 (citing Kervin v.
Barnes, 787 F.3d 833, 835 (7th Cir. 2015), and Owens
v. Hinsley, 635 F.3d 950, 953 (7th Cir. 2011)). As to
the second allegation, Robinson still doesn't explain
what medical care he believes that Walker should have
provided, even though I expressly asked for that information
in my previous order. As I explained:
Walker was the “unit manager, ” not a doctor or
nurse. If Robinson was experiencing a medical emergency and
informed Walker about it, Walker would have a duty under the
Eighth Amendment to help Robinson get treatment. See
Mathison v. Moats, 812 F.3d 594, 59798 (7th Cir. 2016).
But this isn't what Robinson alleges. He says that he
grew breasts because he took the wrong medication. If
Robinson wanted treatment for that condition, he could submit
a health service request, which he says he did. Dkt. 29-1. He
doesn't explain how Walker prevented him from receiving
treatment or otherwise harmed him.
Dkt. 36, at 3. Because Walker doesn't explain what Walker
was supposed to do and he doesn't allege that she
prevented him from receiving medical treatment or otherwise
harmed him, I conclude that he has failed to state a claim