United States District Court, E.D. Wisconsin
William C. Griesbach, Chief Judge United States District
Mark Anthony Adell, who is currently serving a state prison
sentence at Waupun Correctional Institution (WCI) and
representing himself, filed a complaint under 42 U.S.C.
§ 1983, alleging that his civil rights were violated.
This matter comes before the court on Adell's motion for
leave to proceed without prepaying the full filing fee and to
screen the complaint.
to Proceed without Prepayment of the Filing Fee
has requested leave to proceed without prepayment of the full
filing fee (in forma pauperis). A prisoner plaintiff
proceeding in forma pauperis is required to pay the
full amount of the $350.00 filing fee over time. See
28 U.S.C. § 1915(b)(1). Adell has filed a certified copy
of his prison trust account statement for the six-month
period immediately preceding the filing of his complaint, as
required under 28 U.S.C. § 1915(a)(2). It appears that
Adell lacks the funds to pay an initial partial filing fee.
Therefore, the court will waive the initial partial filing
fee, 28 U.S.C. § 1915(b)(4), and grant Adell's
motion to proceed in forma pauperis.
of the Complaint
court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally “frivolous
or malicious, ” that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
1915A(b). A claim is legally frivolous when it lacks an
arguable basis either in law or in fact. Denton v.
Hernandez, 504 U.S. 25, 31 (1992); Neitzke v.
Williams, 490 U.S. 319, 325 (1989); Hutchinson ex
rel. Baker v. Spink, 126 F.3d 895, 900 (7th Cir. 1997).
state a cognizable claim under the federal notice pleading
system, the plaintiff is required to provide a “short
and plain statement of the claim showing that [he] is
entitled to relief.” Fed.R.Civ.P. 8(a)(2). The
complaint must contain sufficient factual matter “that
is plausible on its face.” Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007)). The court accepts
the factual allegations as true and liberally construes them
in the plaintiff's favor. Turley v. Rednour, 729
F.3d 645, 651 (7th Cir. 2013). Nevertheless, the
complaint's allegations “must be enough to raise a
right to relief above the speculative level.”
Twombly, 550 U.S. at 555 (citation omitted).
of the Complaint
September 25, 2018, while confined in Wisconsin Secure
Program Facility (WSPF), Adell had a tele-med consult with a
UW-Madison Hospital GI specialist to discuss a plan of care
for his bowel disease, which he alleges causes him
“frequent great pain, weight loss, dehydration,
diarrhea, bowel urgency and a variety of other ancillary
symptoms-which require daily medications to keep such under
control.” Dkt. No. 1 at 4. Adell alleges that the
specialist recommended he be prescribed Humira injections and
loperamide. Adell also alleges that he was previously
prescribed prednisone, which places him at risk of skeletal
erosion and high blood pressure with daily, long-term use. He
alleges that a GI specialist from a previous consult
recommended he discontinue his current dosage of prednisone
due to its effect on blood pressure once a replacement could
be agreed upon.
the GI specialist's September 25th recommendations, and
Dr. Patterson's (who is presumable a WSPF physician)
acknowledgment of the GI consult in Adell's progress
notes, Adell apparently remained on prednisone at 30 mg daily
dosage until his transfer to WCI on December 7, 2018. Adell
claims that he continues to suffer dangerously high blood
pressure levels, which can be “directly linked”
to his continued prednisone use. Id. at 5. Upon
intake at WCI, Adell complained of back pain, and Dr. Jeffrey
Manlove was assigned as his care provider.
saw Manlove on December 12th and discussed his back pain,
high blood pressure, history of prednisone, and the GI
specialist's September 25th recommendations. Manlove did
not have all of Adell's medical records at that point.
Instead of waiting until he could view the report of the GI
specialist, Adell alleges that Manlove scheduled an x-ray and
GI specialist tele-med consult, which effectively left Adell
dealing with the harsh side effects of the prednisone for
months while waiting for the consult to take place. Adell
claims Manlove's notes of the December 12, 2018 visit
contained “erroneous and damaging entries, ”
which Adell later sought to correct through a “DOC-3484
request for amendment/correction.” Id. at 7.
later prescribed Flexeril, a muscle relaxer, for Adell's
back. Adell again saw Manlove on January 8, 2019, and Manlove
indicated that getting Adell off steroids, i.e. prednisone,
would be desirable, but Manlove had still not seen the
September 25th GI specialist recommendation at that time.
saw Manlove a third time on February 15, 2019. At this
appointment, Manlove prescribed another round of Flexeril,
promised to order an MRI and blood testing, determined
Adell's blood pressure was “ok, ” and
preliminarily diagnosed Adell with scoliosis. The Flexeril
and MRI were ordered “Stat, ” meaning instantly
or immediately. The next day, nurse Robert Weinman saw Adell
for back pain, and Weinman gave Adell Flexeril, as directed
by an on-call physician. Adell claims Manlove forgot to order
the Flexeril “Stat, ” and that Weinman refused to
expedite Adell's receipt of Flexeril. Adell alleges that
he was dispensed Flexeril on February 18th after he spoke
with a nurse delivering refills in his housing unit. Adell
reported Weinman to Chrystal Marchant, who refused to
reprimand Weinman. Weinman apparently claimed that Adell
reported no pain during their February 16th encounter, which
allegedly altered his February 15th order from “MRI
Stat” to just “MRI” in retaliation against
Adell after learning that the on-call physician amended his
“deficient” order. Id. at 11. Adell
alleges that not receiving a “Stat” MRI resulted
in him enduring “weeks of great back pain.”
Id. Adell alleges that Manlove has refused to see
him since February 15th and that Marchant has not assigned
him another provider, leaving him with continuing back pain
and high blood pressure. Adell also claims that ...