United States District Court, W.D. Wisconsin
OPINION AND ORDER
BARBARA B. CRABB, DISTRICT JUDGE
plaintiff Anthony Murray filed a civil action under 42 U.S.C.
§ 1983, contending that medical staff at the Wisconsin
Secure Program Facility violated his rights under the Eighth
Amendment by failing to provide him adequate medical care for
his back pain. His complaint is before the court for
screening under 28 U.S.C. § 1915A. Because I conclude
that plaintiff has failed to state any claim for relief
against defendants, I will dismiss this case.
alleges the following facts in his amended complaint.
Anthony Murray is incarcerated at the Wisconsin Secure
Program Facility, where many of the defendants are employed:
Jolinda Waterman is a registered nurse and the health
services manager; Sandy McArdle is a nurse practitioner;
Nurse Skaif is a registered nurse; Mumm, Johnson and Shemek
are correctional officers; and Hulce is a lieutenant.
Defendant Maxim Physician Resources is McArdle's
October 29, 2018, plaintiff started having severe back pain
that made it difficult to sleep. He saw defendant McArdle in
the health services unit the next day. She prescribed
lidocaine and an extra pillow.
December 9, 2018, plaintiff submitted a health service
request stating that he had sent three requests about his
back pain and his difficulty in lying down. (Plaintiff does
not say when he submitted the requests, whether anyone had
responded to his previous three requests or whether he saw
anyone between October and December.) He received a response
stating that he was scheduled to be seen. On December 26,
defendant McArdle wrote him a prescription for meloxicam, a
nonsteroidal anti-inflammatory drug.
January 5, 2019, plaintiff submitted another health service
request stating that he had now submitted five requests to be
seen and the lidocaine cream was not working. (Plaintiff does
not say when he sent the requests or whether he had received
the meloxicam at this point.) On January 6, plaintiff
submitted another request addressed to defendant McArdle
asking for notes from his last visit and a list of all of his
special needs. Health services responded that plaintiff was
scheduled to be seen.
January 13, 2019, plaintiff submitted another request to
defendant McArdle, stating that he had been doing yoga
exercises but that they were not relieving his pain, that his
pain was getting worse and that he was having difficulty
getting out of his bed. He received a response stating that
he was scheduled to be seen.
January 14, plaintiff submitted another health service
request and was called to health services. Plaintiff reported
that acetaminophen and meloxicam were not helping and that
his pain was worse. He requested an extra mattress, but was
told that extra mattresses were ordered in very few instances
and had to be approved by defendant Waterman and the special
January 17, defendant McArdle called plaintiff to health
services about his back. McArdle prescribed him
acetaminophen, diphenhydramine for pain and insomnia and
extra clothing to keep his back warm. McArdle also referred
him to physical therapy. Plaintiff never received any of it.
January 20, plaintiff was working in the food services unit
when he saw defendant Waterman walking by. He approached her
and told her that he had been having constant, severe back
pain, that he had submitted several health service requests
to see McArdle and that no one had done anything to help him.
Waterman responded by stating that she did not have any
medical files with her, that plaintiff should not approach
health services staff in the hallways to discuss medical
problems, that she was not going to discuss his medical
problems with him in the hallway and that he needed to wait
his turn for an appointment or he would get a conduct report.
January 23, plaintiff had to leave work early because his
back was hurting too much. Security staff called health
services, and defendant Nurse Skaif arrived. She told
plaintiff to use the diclofenac cream that he had for his
foot on his back. McArdle had never suggested doing this.
January 24, plaintiff saw defendant McArdle in health
services. She changed his meloxicam prescription to ibuprofen
and thermal bottoms for added heat production as well as
diphenhydramine. McArdle gave plaintiff a TENS unit, but it
did not help, and plaintiff never received the prescriptions
for extra clothing or ...