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Kreger-Mueller v. Ashley Doe Access Community Health

United States District Court, W.D. Wisconsin

September 9, 2019

VALERIE KREGER-MUELLER., Plaintiff,
v.
ASHLEY DOE ACCESS COMMUNITY HEALTH, AUTUMN DOE ACCESS COMMUNITY HEALTH, DR. JUSTIN SHINER, DR. STUART JONES, DR. MICHAEL PETERSON, DR. YELENA MIRONOVA CHIN, DR. MATTHEW SAGER, DR. TAD HERBSMAN, AMY EDWARDS, TIAGAN DAHL, PETER LORR, THERESA BEDNAREK, DALE BARRETT, DR. ROBERT FACTOR, LORI BLAHNIK, ASHLEY MESSIER, KAREN MILNER, DR. JIM BLACK, DR. LESLIE TAYLOR, DR. KEVIN MILLER, SYDNEY MBAINAI ATTORNEY FOR DANE COUNTY CORPORATION COUNSEL, KELLY NESVACIL ATTORNEY FOR DANE COUNTY CORPORATION COUNSEL, and VUE YANG ATTORNEY FOR DANE COUNTY CORPORATION COUNSEL, Defendants.

          OPINION AND ORDER

          JAMES D. PETERSON, DISTRICT JUDGE

         Pro se plaintiff Valerie Kreger-Mueller filed a proposed civil action against numerous institutional defendants, including a police department, a county government office, and various health care institutions in Dane County. Dkt. 1 and Dkt. 5. In a December 6, 2018 order, I reviewed her initial complaint and amended complaint and concluded that they failed to state claims upon which relief could be granted because, among other things, they violated Federal Rules of Civil Procedure 8, 18, and 20. I offered Kreger-Mueller an opportunity to file an amended complaint identifying which one of the eight possible lawsuits from her complaint she wished to proceed on under this case number. Dkt. 7.

         Kreger-Mueller has responded by filing six proposed amended complaints. These complaints appear to track two sets of allegations-one set against 25 officers from the Middleton Police Department, and another against 20 individuals from local health clinics and three attorneys for the Dane county Corporation Counsel. Compare Dkt. 11 and Dkt. 13 (claims against Middleton police officers) with Dkt. 10; Dkt. 14; Dkt. 19; Dkt. 21 (claims against healthcare providers and Dane County Corporation Counsel attorneys). For purposes of screening these complaints, I have reviewed only the latest complaint for each set of allegations, Dkt. 13 and Dkt. 21. The other documents, Dkt. 11, Dkt. 10, Dkt. 14, and Dkt. 19, are struck under Rule 12(f) because they are now immaterial. Because Kreger-Mueller cannot proceed with two separate lawsuits under a single case number, I will direct the clerk of court to docket Kreger-Mueller's complaint against the Middleton police, Dkt. 13, and the motions she has filed in connection with that complaint, Dkt. 16 and Dkt. 17, under a new case number. Because I am satisfied from Kreger-Mueller's previously filed financial information that she cannot prepay the filing fee, see Dkt. 4, Kreger-Mueller need not seek leave to proceed in forma pauperis in that case. I will screen those claims in a separate order once the clerk's office has opened the second case.

         In this order, I will screen Kreger-Mueller's amended complaint against the 20 healthcare providers and Dane County Corporation Counsel attorneys, Dkt. 21. In doing so, I must dismiss any portion that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who by law cannot be sued for money damages. 28 U.S.C. § 1915(e)(2). Kreger-Mueller's amended complaint suffers from many of the same defects as her original filings. With the exception of one set of claims against four doctors from the University of Wisconsin Hospital and Clinics who Kreger-Mueller says forcibly medicated her, Kreger-Mueller's amended complaint fails to assert claims upon which relief can be granted. So I will dismiss all but those four defendants. I will grant Kreger-Mueller leave to proceed on Fourteenth Amendment due process and medical malpractice claims against defendants Justin Shiner, Yelena Mironova-Chin, Stuart Jones, and Michael Peterson.

         In addition to an amended complaint, Kreger-Mueller has filed a motion to seal the records in this case, Dkt. 17, and three motions for injunctive relief, Dkt. 15; Dkt. 18; Dkt. 19. I will deny those motions for the reasons explained below.

         ANALYSIS

         Kreger-Mueller's amended complaint contains the following allegations, which I paraphrase:

• Defendants Ashley and Autumn Doe, two employees at Access Community Health Clinic East in Madison, Wisconsin, lied by saying that Kreger-Mueller had “made a negative statement towards the clinic” over the phone. Dkt. 21, ¶ 1. Access Community Health engaged in medical malpractice and violated Kreger-Mueller's HIPAA rights by telling police that Kreger-Mueller was a patient at the clinic and about the private phone conversation.
• Personnel from St. Mary's Hospital, including defendants Dr. Tad Herbsman and Dr. Matthew Sager and non-defendant nurses Theresa and Josh, “made false statements about [Kreger-Mueller] and what [she] said in medical records.” Id. ¶ 2. Sager threatened to interfere with Kreger-Mueller's child custody arrangement and to inject her with dangerous medications.
• Personnel from the UW Hospital and Clinics, including defendants Drs. Justin Shiner, Yelena Mironova-Chin, Stuart Jones, and Michael Peterson committed medical malpractice by overdosing Kreger-Mueller on dangerous medications despite her objections.
• Defendant Amy Edwards, who I infer works at Journey Mental Health in Madison, Wisconsin, ordered that Kreger-Mueller be detained on August 23, 2016, August 30, 2016, March 1, 2018, and October 10, 2018, even though Kreger-Mueller was not suicidal or homicidal and there was no probable cause to detain her. This caused Kreger-Mueller to miss out on a potential job opportunity. Edwards has also repeatedly made false statements in Kreger-Mueller's medical records, including a statement on March 1, 2018 that Kreger-Mueller's apartment was dirty. As a result of Edwards's interference, Kreger-Mueller was evicted from her apartment.
• Defendant Tiagan Dahl violated Kreger-Mueller's HIPAA rights by giving confidential information about her to a Middleton police officer, who put that information into a public record.
• Personnel at the Dane County Corporation Counsel (presumably Sydney Mbainai, Kelly Nesvacil, and Vue Yang, the defendants listed in the caption of Kreger-Mueller's complaint as corporation counsel) “repeatedly petition that [Kreger-Mueller's] involuntary commitment be extended excessively” even though Kreger-Mueller has no symptoms of any psychological diagnosis. Id. ¶ 8.
• Defendants (Kreger-Mueller does not specify which ones) have placed Kreger-Mueller on an indefinite involuntary comment and have recommended that it be extended year after year based on “nuisance police calls, ” which “is no basis to place someone on an involuntary commitment according to [defendant] Dr. Kevin Miller.” Id. ¶ 9. Nonetheless, when Miller met with Kreger-Mueller, he treated it “as an interrogation and investigation rather than an examination.” Id.
• “[A]ll of the defendants named have contributed to the loss of primary placement custody of [Kreger-Mueller's] minor daughter.” Id. at 4. Specifically, defendants Dahl and Edwards, along with staff at Access Community Health aided Kreger-Mueller's daughter's father in obtaining primary custody by falsely imprisoning Kreger-Mueller in a facility so that the father could get custody. Dahl and Edwards also violated the Privacy Act of 1974.
• Kreger-Mueller “has been discriminated against due to her physical disability that requires the use of a cane and ...

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