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Murray v. Waterman

United States District Court, W.D. Wisconsin

September 9, 2019

ANTHONY MURRAY, Plaintiff,
v.
JOLINDA WATERMAN, SANDY MCARDLE, MAXIM PHYSICIAN RESOURCES, CO II MUMM, CO II JOHNSON, LT. HULCE, NURSE SKAIF AND CO SHEMEK, Defendants.

          OPINION AND ORDER

          BARBARA B. CRABB, DISTRICT JUDGE

         Pro se 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.

         Plaintiff alleges the following facts in his amended complaint.

         ALLEGATIONS OF FACT

         Plaintiff 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 employer.

         On 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.

         On 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.

         On 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.

         On 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.

         On 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 needs committee.

         On 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.

         On 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.

         On 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.

         On 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 ...


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