HITCHINGS v. CORIZON HEALTHCARE et al

Filing 15

ENTRY Identifying Additional Claim for Relief against Defendant Allen (S.O.). Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 8/31/2015.(MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ZACK HITCHINGS,
Plaintiff,
vs.
CORIZON HEALTHCARE,
LOLIT JOSEPH DR., THERESA STRAW,
CONNIE ALLEN N.P.,
Defendants.

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Case No. 1:15-cv-01022-TWP-TAB

Entry Identifying Additional Claim for Relief against Defendant Allen
In the course of screening, the Court attempted to identify all the viable claims alleged in
the complaint. The plaintiff was given the opportunity to identify any additional viable claims
alleged in the complaint, which were overlooked by the Court. The plaintiff responded. See dkt.
9. That response is now before the Court.
The plaintiff states that he intended to pursue a privacy claim against defendant Connie
Allen. The factual allegations pertinent to this claim are the following: “N.P. Allen was callous,
unprofessional and broke privacy laws during a medical visit on 10-2-2013 in her office. On this
day N.P. Allen shouted out my medical issues where they were heard by other inmates and DOC
staff.” Dkt. 9 at p. 1. These allegations shall be understood for the purposes of screening to be
sufficient to state a claim that N.P. Allen violated the plaintiff’s constitutional right to
privacy. This claim shall proceed in this action.
The defendants are not prohibited from challenging this finding with appropriate case law
through a motion to dismiss. In addition, the parties are notified that no other cause of action
based on these facts was identified by the plaintiff or the Court. For example, courts have uniformly

held that the Health Insurance Portability and Accountability Act (“HIPAA”) does not create a
private cause of action or an enforceable right for purposes of a suit under 42 U.S.C. § 1983. See
Carpenter v. Phillips, 419 Fed. App'x 658, 659 (7th Cir. 2011); Tyler v. Wick, No. 14-CV-68-JDP,
2015 WL 1486506, at *7 (W.D. Wis. Mar. 31, 2015); Kobishop v. Marinette Cnty. Sheriff's Dep't,
2013 WL 3833990, at *2 (W.D.Wis. July 24, 2013); Dodd v. Jones, 623 F.3d 563, 569 (8th Cir.
2010); Seaton v. Mayberg, 610 F.3d 530, 533 (9th Cir. 2010).
IT IS SO ORDERED.

Date: 8/31/2015

Distribution:
ZACK HITCHINGS
957017
NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels
1000 Van Nuys Road
NEW CASTLE, IN 47362
All Electronically Registered Counsel