United States District Court, E.D. Wisconsin
JAMES A. JACKSON, Plaintiff,
ANNETTE MCGIBBON, et al., Defendants.
William C. Griesbach, United States District Court Chief
James A. Jackson, who is currently serving a state prison
sentence at Redgranite Correctional Institution and
representing himself, filed a complaint under 42 U.S.C.
§ 1983, alleging that his civil rights were violated.
Plaintiff has paid the $400.00 filing fee. Regardless of a
plaintiff's fee status, the court is required to screen
complaints brought by prisoners in accordance with 28 U.S.C.
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, 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
alleges that a doctor ordered him to take 800mg of Gabapentin
three times a day approximately every four hours at noon, in
the evening, and at bedtime. This resulted in Plaintiff
taking his medication at 12:30 p.m., 5:30 p.m., and 8:30 p.m.
Plaintiff would retrieve his bedtime medication when
“last call” was announced over the intercom, so
he would not be taking his evening medication and bedtime
medication too close together.
October 22, 2018, Correctional Officer McGibbon informed
Plaintiff that he could come to pill pass at 7:00 p.m. along
with the other members of his housing unit. On October 23 and
24, 2018, Plaintiff arrived at pill pass with his unit and
McGibbon dispensed his medication, resulting in Plaintiff
taking his medication 1½ or 2 hours earlier than
usual. On October 25, 2018, Plaintiff went to pill pass as
ordered by McGibbon at approximately 7:00 p.m. C.O. Maas, who
was distributing medication that day, advised Plaintiff that
he was too early. Plaintiff responded that McGibbon told him
that he was required to go to pill pass with his unit. Maas
replied that the information on her computer instructed that
she was not authorized to give Plaintiff his medications
until after 7:50 p.m. and directed Plaintiff to return to his
unit until 7:50 p.m. Plaintiff returned to pill pass to
obtain his medication at 7:50 p.m. as instructed. That same
day, Plaintiff submitted a Health Services Request (HSR) to
Health Service Manager (HSM) Thompson explaining that
McGibbon instructed Plaintiff to take his medication at pill
pass and indicating that taking his medication earlier
resulted in stomach pain and very bad headaches. Plaintiff
received his medication the next day without incident.
October 28, 2018, Plaintiff submitted a second HSR informing
the Health Services Unit that he had issues with his
medication and noting that he had not received a response
from HSM Thompson. On October 30, 2018, Plaintiff presented
to an appointment with RN Katherine Thompson to address
glaucoma-related concerns. Plaintiff claims that when he
attempted to discuss his concerns about his medication, Nurse
Thompson stated that he should speak to the doctor about
changing the times that he took his medication. Plaintiff
responded that McGibbon led him to believe that this
conversation had already occurred with the doctor. Dr.
Ibirogba Adebola also examined Plaintiff's eyes later
that day. Plaintiff alleges that he attempted to inform Dr.
Adebola that he was taking his bedtime dose of medication too
close in time to his evening dose, but Dr. Adebola simply
shook his head. That same day, Plaintiff wrote HSM Thompson a
letter because he had not been seen by HSU about his headache
and stomach pain. He stated that, although he told McGibbon
that he had taken his medication during last call, McGibbon
insisted that the time he needed to take his medication had
changed. Plaintiff had asked Maas, McGibbon, Sergeant Craig
Eckstein, C.O. Medrano, and C.O. Todd Zamzo if he could go to
pill pass at last call rather than receive his medication
with his unit.
November 1, 2018, McGibbon called for Plaintiff to come to
pill pass. At approximately 7:25 p.m. Plaintiff arrived and
had a discussion with McGibbon regarding his pill pass time.
McGibbon suggested that Plaintiff send in an HSR about his
concerns. Plaintiff advised McGibbon that he had already
submitted an HSR and told McGibbon that the status of his
request was confidential. McGibbon stated that Plaintiff
would be required to go to pill pass with his unit, at which
point he could either take or refuse his medication. If he
failed to go to pill pass at that time, he would receive a
sent another HSR to HSU staff on November 1, 2018, informing
them about his conversation with McGibbon. Plaintiff also
asked if the doctor wanted him to take his medication two
hours apart, even though it caused him stomach pain and very
bad headaches. The following day, RN Katherine Thompson
responded to the HSR, “The order states PM bedtime so
you would come with your unit at these times. We can discuss
changing the order to different times at your request.”
Compl. ¶ 29, Dkt. No. 1 at 10. Plaintiff did not request
that his medication pill pass times be changed because that
is what the doctor had prescribed.
November 2, 2018, Plaintiff submitted an inmate complaint
alleging staff misconduct. The next day, he sent an email to
the H-east housing unit security supervisor stating, “I
wrote a (HSR) to health service manager without a response on
or about 10/25/18 concerning my medication being given to me
too soon. It causes stomach pains and headaches. I do not
wish to go against Doctor's or Gabapentin's
instruction.” Id. ¶ 32.
November 5, 2018, Plaintiff received a response to his
October 25, 2018 HSR. HSM Thompson advised that the
Gabapentin should be taken in the morning, at noon, and at
bedtime, rather than at noon, in the evening, and at bedtime.
Later that day, Plaintiff sent an HSR to HSU, stating that he
had not taken his medication at bedtime for several days and
he experienced withdrawal symptoms including cramps; pain in
his feet, legs, and back; sleeplessness; anxiety; and
tremors. Nurse Klenke responded to this request on November
6, 2018, indicating that HSM Thompson changed the order by
eliminating the evening dose and requiring that Plaintiff
take his medication in the morning, at noon, and at bedtime.
November 6, 2018, Plaintiff submitted another HSR requesting
an appointment to speak with a doctor about his medication.
He stated that the change that had been put in place did not
benefit his condition. The next day, Nurse Thompson responded
that he had an appointment scheduled for early January.
Plaintiff submitted another HSR on November 13, 2018, asking
to see a doctor because of pain in his lower back, legs,
buttock, hands, ...