United States District Court, E.D. Wisconsin
DECISION AND ORDER
ADELMAN, UNITED STATES DISTRICT JUDGE.
Wesley, by his next friend Brenda Wesley, filed a complaint
alleging that employees and officials of the Milwaukee
Criminal Justice Facility (“CJF”), its contracted
medical service provider, and related community service
providers, all failed to provide him with a needed
antipsychotic drug during a period when they were responsible
for his care, thus violating federal and state law. Among the
claims asserted in the complaint are a Monell claim
against Armor Correctional Health Services
(“Armor”), a medical service provider contracted
to provide mental health services at CJF, see Monell v.
Dep't of Soc. Svcs., 436 U.S. 658 (1978), and
individual capacity claims against Armor's employee,
defendant Dr .Maureen White (“Dr. White”), who
was director of mental health services at CJF during
Wesley's confinement there. Wesley also asserts claims
against Armor under the Americans with Disabilities Act
(“ADA”) and Section 504 of the Rehabilitation Act
of 1973 (“Section 504”). Armor and Dr. White have
moved for dismissal of each of these claims under Rule
12(b)(6) of the Federal Rules of Civil Procedure.
relevant allegations of Wesley's complaint are as
June 2015 to February 2016, Wesley was confined at the Mental
Health Complex in Milwaukee County. Wesley was diagnosed with
schizoaffective disorder, antisocial personality disorder,
and cocaine abuse. In December, 2015, while confined at the
Mental Health Complex, Wesley began taking the drug clozapine
for his schizophrenia. Clozapine is generally prescribed as a
last resort, after all other available medication regimens
have failed-and, indeed, it was prescribed for Wesley because
other drugs had failed to work. Medical professionals
understand that once treatment with clozapine has started, it
is important not to abruptly stop treatment, because abrupt
cessation of clozapine treatment can cause rapid
condition improved with the clozapine treatment, and in
February 2016 it was determined he was competent and could be
moved from the Mental Health Complex. He was first moved to
the Milwaukee House of Corrections, and then, in April 2016,
to CJF, where Armor was responsible for providing his medical
care. The Milwaukee Country Circuit Court then entered an
order that Wesley should be assessed to determine whether he
could be released to community supervision. Wisconsin
Community Services, Inc. (“WCS”) contracts with
the Milwaukee County Department of Health and Human Services
to provide supervision services for persons who are out of
confinement and in the community. WCS assessed Wesley. On
June 6, 2016, the circuit court determined that Wesley should
be supervised in the community.
and WCS began planning for Wesley's release. On June 17,
2016, Armor faxed WCS a list of Wesley's medications and
prescriptions, including clozapine. The list showed that
Wesley's prescription for clozapine would end on June 24,
2016. Armor failed to obtain a prescription for clozapine for
Wesley after June 24, 2016.
was released to WCS on June 28, 2016. He had not taken
clozapine since June 24. By June 29, WCS employee Tewana
Marshall and others responsible for Wesley's supervision
noticed increased symptoms of mental illness and delusional
thinking. By June 29, Marshall spoke with Armor employee and
CJF mental health director Dr. White about the wrongful
discontinuation of Wesley's clozapine prescription. Dr.
White told Marshall that Armor's failure to enter
information on a website caused the prescription for
clozapine to lapse.
WCS was aware that Wesley was decompensating without
clozapine, a prescription for clozapine for Wesley was not
filled until July 8, 2016. Wesley took the medication and
became severely ill. On July 9, Wesley did not take the
medication because he was severely ill as a result of the
cessation and reintroduction of clozapine. On July 10, 11, 12
and 13, he agreed to take clozapine.
13, Wesley was arrested and taken back to CJF for missing
doses of clozapine. When Wesley arrived at CJF, he had
clozapine with him. However, unidentified Armor employees
prohibited Wesley from keeping and taking his required
13, a nurse practitioner employed by Armor ordered clozapine
for Wesley. The clozapine was available and could have been
provided to Wesley beginning July 14. However, Armor and its
employees failed to provide clozapine to Wesley from July 14
to July 20 of 2016. Instead, during that time, Wesley was
placed in disciplinary confinement because of his mental
health symptoms resulting from the abrupt discontinuation of
clozapine. The complaint alleges that CJF has a policy and
practice of confining inmates suffering from acute mental
disorders to disciplinary cells, and that CJF also has a
policy and practice of not providing medication to inmates
suffering from acute mental disorders in disciplinary cells.
complaint alleges that Wesley was injured as a result of the
abrupt cessation and reintroduction of clozapine and as a
result of his confinement in a disciplinary cell.
avoid dismissal under Rule 12(b)(6), a complaint must
“state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007). “A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009). The complaint must, at
a minimum, “give the defendant fair notice of what the
claim is and the grounds upon which it rests.”
Twombly, 550 U.S. at 555. In construing a
plaintiff's complaint, I assume that all factual
allegations are true but disregard statements that are
conclusory. Iqbal, ...