United States District Court, E.D. Wisconsin
ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY
JUDGMENT (DKT. NOS. 57, 64, 71) AND DISMISSING CASE
PAMELA PEPPER UNITED STATES DISTRICT JUDGE.
Mark Haynie is a federal prisoner representing himself. He
alleges that the defendants denied him proper medical care
when he was confined at the Kenosha County Detention Center,
in violation of his constitutional rights. The three
defendants, who are represented by different lawyers, have
filed motions for summary judgment. Dkt. Nos. 57, 64, 71. The
court grants the defendants' motions and dismisses the
plaintiff filed a complaint alleging that then-unknown
defendants violated his constitutional rights when he was
confined at the Kenosha County Detention Center (KCDC). Dkt.
No. 1. Magistrate Judge David E. Jones screened the complaint
under 28 U.S.C. §1915A and determined that the plaintiff
had stated a claim for deliberate indifference to a serious
medical need under the Eighth Amendment, based on allegations
that KCDC staff denied him his medically necessary
prescription medication and failed to monitor his high blood
pressure/hypertension condition, resulting in harm. Dkt. No.
18 at 5. Judge Jones allowed the plaintiff to conduct limited
discovery to learn the names of the individual involved in
the alleged violation. Id. at 6. He gave the
plaintiff a deadline by which to file an amended complaint,
identifying the defendants involved. Id. at 7.
plaintiff filed his amended complaint on March 2, 2018,
naming Dr. Karen Butler, Nurse Rebecca Swenson and Dr. Abdul
Durrani as defendants. Dkt. No. 32. Judge Jones screened the
amended complaint and determined that the plaintiff could
proceed on deliberate indifference claims against (1) Butler
and Swenson because they allegedly refused to provide the
plaintiff his necessary medication for twenty months and
failed to monitor him, resulting in harm, and (2) Durrani and
Swenson because they allegedly prescribed the plaintiff the
wrong medication, which complicated his medical condition.
Dkt. No. 34 at 1-2.
April 24, 2018, the clerk's office reassigned the case to
this court because at least one of the parties had not
consented to the magistrate judge's authority to decide
plaintiff was confined at KCDC from May 12, 2015 to April 3
or 4, 2017. Dkt. Nos. 76 at ¶1; 66 at ¶1; 104 at
¶1; 102 at ¶1; 99 at ¶1. During this period,
defendant Swenson was a licensed nurse practitioner working
at KCDC in that capacity. Dkt. Nos. 76 at ¶2; 104 at
¶2. Defendant Butler was a physician at KCDC when the
plaintiff arrived there. Dkt. Nos. 66 at ¶2; 102 at
¶2. Defendant Durrani worked at KCDC during the relevant
period. Dkt. No. 99 at ¶4.
May 12, 2015 through January 11, 2017
the plaintiff arrived at KCDC on May 12, 2015, a medical
screening questionnaire reported that he took “high
blood pressure meds.” Dkt. Nos. 76 at ¶4; 104 at
¶3. The plaintiff reported on some medical forms that
previously he had been treated for hypertension. Dkt. No. 66
at ¶4. The plaintiff did not have any medications with
him when he arrived at KCDC. Id. at ¶5. The
plaintiff states that he did not bring his medication
“when he was arrested at home but a Prisoner Custody
Alert Notice was prepared by the U.S. Marshal.” Dkt.
No. 102 at ¶5.
after the plaintiff arrived at KCDC, Dr. Butler ordered that
his blood pressure and arterial pressure be monitored for
three days, and that she be notified if his blood pressure
exceeded 140/90 and/or if his arterial pressure was not
between 60 and 100. Dkt. No. 66 at ¶7. On May 13, 2015,
the plaintiff's blood pressure was 120/84, and his pulse
was 98; on May 14, 2015, the plaintiff's blood pressure
was 124/86, and his pulse was 97; and on May 16, 2015, his
blood pressure was 132/82, and his pulse was 97. Dkt. No. 76
16, 2015, Butler ordered the nurses to recheck the
plaintiff's vital signs within two days, and to call if
the results did not fall within the stated parameters. Dkt.
Nos. 76 at ¶7; 66 at ¶10. On May 18, 2015, a nurse
documented that the plaintiff's blood pressure was
118/84, with a pulse of 87. Dkt. No. 76 at ¶8.
18, 2015, Nurse Swenson ordered a re-check of the
plaintiff's blood pressure and pulse in one month. Dkt.
No. 76 at ¶13. Butler co-signed this order. Dkt. No. 66
at ¶12. One month later, on June 18, 2015, the
plaintiff's blood pressure was 122/86, and his pulse was
90, which are normal results. Dkt. Nos. 76 at ¶13; 66 at
plaintiff's medical records indicate that his blood
pressure was checked during a correctional physical exam on
May 20, 2015. Dkt. No. 66 at ¶14. Medical notes from the
exam indicate that his blood pressure was 124/90, a normal
result, and that his “B/P is being monitored.”
Id. at ¶15.
normal medical standard to determine the presence of
hypertension (high blood pressure) is 140/90. Dkt. No. 76 at
¶14. If a patient's blood pressure exceeds 140/90,
he is considered for use of hypertensive medication.
Id. The plaintiff's blood pressure was checked
and rechecked and did not indicate the need for ordering
hypertensive medication. Id. Based on Swenson's
medical training and experience, she believed that it was not
medically necessary to order hypertension medications for the
plaintiff based on his condition and blood pressure.
the normal blood pressure readings between May 13 and June
18, 2015, Butler did not believe that medication for high
blood pressure was medically indicated. Dkt. No. 66 at
¶16. If the plaintiff was suffering from hypertension
and needed medication for it, his blood pressure would have
demonstrated that need by June 2015. Id. at
¶17. Giving medications when they are not needed can
cause harm. Id. at ¶18. Butler did not have any
further contact with the plaintiff, and she did not see any
requests from the plaintiff for medical attention in 2015 or
2016. Id. at ¶19. Butler stopped working at
KCDC on April 15, 2016. Id. at ¶22.
plaintiff's medical records show no further activity
regarding his blood pressure from June 18, 2015 until early
January 2017. Dkt. No. 76 at ¶15. He did not file any
Inmate/Detainee Medical Request forms (HSRs), which an inmate
fills out to request medical attention. Id.
to the plaintiff, Swenson's initial excuse for not
supplying him hypertension medication was that it was very
expensive and that KCDC could not afford to supply him with
the medication because his blood pressure was normal. Dkt.
No. 104 at ¶6. Swenson disputes this. Id.
January 12, 2017 through April 3 or 4, 2017
January 12, 2017, at his yearly physical, the plaintiff had a
blood pressure of 170/120. Dkt. No. 76 at ¶16. That day,
Swenson ordered for the plaintiff:
Clonidine 0.2 mg by mouth now, then Clonidine 0.2 mg by mouth
2 x a day until medications arrive, then discontinue.
Lisinopril 20 mg daily x 365 days.
HCTZ (Hydrochlorothiazide) 25 mg by mouth daily x 365 days.
Metoprolol 25 mg 2 x a day x 365 days.
Blood pressure and applicable pulse daily until blood
pressure is below 140/90.
Id. at ¶17. She also ordered laboratory tests
in two to three weeks-sooner if possible. Id. at
¶18. That same day, a nurse entered into the Progress
Notes: “Blood pressure and pulse reported to R Swenson,
APNP. Blood pressure 163/123, heart rate 95, see new
Order.” An order for blood pressure/pulse check twice
daily was issued for January 12 through January 15, 2017.
Id. at ¶19. A re-check that day showed a blood
pressure of 114/78, with a pulse of 71. Id. On
January 13, 2017, a nurse recorded the plaintiff's blood
pressure of 144/88, with a pulse of 75. Id.
January 13, 2017, Swenson ordered the plaintiff's blood
pressure and pulse to be checked three times, and to report
any abnormal results. Dkt. No. 76 at ¶21. On January 14,
2017, the plaintiff's blood pressure was 132/92, with a
pulse of 70; on January 15, 2017 the plaintiff's blood
pressure was 146/92, with a pulse of 70; and on January 16,
2017, the plaintiff's blood pressure was 180/120, with a
pulse of 65. Id. at ¶22.
January 16, 2017, a nurse entered the following Progress
Note: “Blood pressure/pulse re-checked in patient's
left arm using electronic cuff. Blood pressure equals
197/127, with a pulse of 72. Rebecca Nurse Practitioner
notified. See new Orders.” Dkt. No. 76 at ¶23.
That same day, Swenson ordered:
Clonidine 0.2 mg by mouth x 1 dose now.
Re-check blood pressure/pulse in (two) 2 hours using
Increase Lisinopril to 40 mg by mouth daily.
Spironolactone 25 mg by mouth daily.
Re-check blood pressure/applicable pulse daily x seven (7)
days using electronic cuff only; call United States Marshal
to get stat labs approval.
Id. at ¶24. Following Swenson's order to
re-check the plaintiff's blood pressure and pulse in two
hours, a nurse recorded that the plaintiff's blood
pressure was 111/73, and his pulse was 72, ...