United States District Court, W.D. Wisconsin
SIDNEY L. COLEMAN, Plaintiff,
BOBBIE BAILEY, BRIAN MIKULA, TERRIE VAN WARD, and NICOLE SARBACKER,  Defendants.
OPINION AND ORDER
D. PETERSON District Judge
Sidney L. Coleman, appearing pro se, alleges that officials
at the Dane County Jail denied him medication for mental
health problems when he was housed there. Coleman brings
claims under the Fourteenth Amendment to the United States
Constitution. Defendants are split into two groups: (1)
medical-professional defendants Bobbie Bailey, Terrie Van
Ward, and Nicole Sarbacker; and (2) defendant Lieutenant
sets of defendants have filed motions for summary judgment.
Coleman did not respond to either motion. Under this
court's summary judgment procedures, that means that I
will consider defendants' proposed findings to be
undisputed. See Dkt. 16-1, at 8 (“If a party
fails to respond to a fact proposed by the opposing party,
the court will accept the opposing party's proposed fact
undisputed facts show that each defendant acted reasonably in
treating Coleman and in handling his grievance about his
treatment, so I will grant defendants' motions for
summary judgment and dismiss the case.
Sidney L. Coleman is a former prisoner at the Dane County
Jail. This case is about Coleman's stint at the jail from
July 7 to October 31, 2018, while he was detained pending an
alleged probation violation. Defendant Brian Mikula was a
lieutenant at the jail. The jail contracted with a company
called Correct Care Solutions to provide medical services to
inmates. I infer that defendants Bobbie Bailey, Nicole
Sarbacker, and Terrie Vann-Ward were employed by Correct Care
Solutions. Bailey and Sarbacker are nurses. Vann-Ward is a
was incarcerated on July 7, 2018 after turning himself in for
a probation violation. Defendant Sarbacker performed a
“Receiving Screening” evaluation, and she
completed a form used to identify medical issues or
medications Coleman was taking prior to his incarceration.
Coleman said that he was taking olanzapine 10 mg, which is a
medication commonly used to treat mental health and mood
presented a prescription bottle from Walgreens pharmacy dated
September 13, 2017. Sarbacker asked Coleman about the
pharmacies from which he obtained medication; Coleman
identified only Walgreens. Sarbacker contacted that pharmacy
to verify whether Coleman possessed current valid
prescription for olanzapine. Walgreens personnel told her
that the prescription was no longer valid. Sarbacker would
not let Coleman keep the olanzapine because it was no longer
a valid prescription.
underwent an initial “behavioral health”
evaluation the next day, with non-defendant staff. Based on
the examination and Coleman's responses, the mental
health staff noted that treatment was not indicated at that
time. They explained how Coleman could contact staff about
had another mental health exam a few days later, with a
non-defendant staff member. Coleman asked for his olanzapine
medication, but he was told that the doctor would not
continue the prescription if the booking nurse could not
confirm that the prescription was active. The staffer
explained that if Coleman wanted medication, he would need to
agree to a “sleep and symptom log” to be assessed
for mental health conditions and possible medications, but
Coleman refused. He had a couple of other meetings with
non-defendant mental health staff in July.
26, 2018, Coleman agreed to complete a symptom log. He noted
trouble sleeping, past use of marijuana to help his sleeping,
and current feelings of irritation, anger, and paranoia.
Based on Coleman's log, a nurse performed another
behavioral health assessment on August 3, 2018. The mental
health nurse discussed Coleman's current symptoms,
assisted Coleman in finishing the symptom log, and made a
note to refer Coleman to psychiatry for further assessment.
submitted a mental health request form on August 7, 2018,
requesting to be placed back on his olanzapine. Health
services staff responded the next day, telling Coleman that
he had been referred to psychiatry for an appointment and
that he was on the list to be seen as soon as an appointment
was available. Mental health staff met with Coleman weekly
while he was waiting for his psychiatry appointment. At each
appointment, Coleman reaffirmed his desire to speak to the
psychiatrist at the jail but otherwise denied any mental
Practitioner Vann-Ward saw Coleman on September 4, 2018,
which was the first available psychiatric appointment.
Coleman was agitated and threatening during the appointment,
yelling at the top of his voice, with clenched fists.
Vann-Ward and Coleman discussed Coleman's current
symptoms and past medication use. Vann-Ward cut the
appointment short and requested correctional officer
intervention because of Coleman's threatening behavior.
Vann-Ward believed that Coleman suffered from antisocial
personality disorder and could benefit from olanzapine.
Before being escorted out the room, Coleman consented to