SCHWANKE v. CORIZON HEALTH, INC. et al
ENTRY Screening Complaint and Directing Further Proceedings. The claim against Dr. Loveridge is dismissed for failure to state a claim upon which relief can be granted. No partial final judgment shall issue at this time regarding the dismissal of this claim. The claims of deliberate indifference to Mr. Schwanke's serious medical needs brought against defendants Corizon Health, Inc., Dr. Ippel, Hannah Winngham, Nurse Practitioner Glover, and Michael Mitcheff shall proceed. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants. Mr. Schwanke continues to have through May 31, 2017, in which to pay the initial partial filing fee of Nineteen Dollars and Forty-Five Cents ($19.45). Copies distributed via U.S. Mail. Signed by Judge William T. Lawrence on 5/17/2017.(MAC)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
CORIZON HEALTH, INC.,
MICHAEL MITCHEFF D.O.,
Entry Screening Complaint and Directing Further Proceedings
The plaintiff, Jeremiah Schwanke (“Mr. Schwanke”), is a prisoner currently incarcerated
at New Castle Correctional Facility (“New Castle”). Because the plaintiff is a “prisoner” as
defined by 28 U.S.C. § 1915(h), this Court has an obligation under 28 U.S.C. § 1915A(b) to
screen his complaint before service on the defendants. Pursuant to 28 U.S.C. § 1915A(b), the
Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or
seeks monetary relief against a defendant who is immune from such relief. In determining
whether the complaint states a claim, the Court applies the same standard as when addressing a
motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Lagerstrom v. Kingston,
463 F.3d 621, 624 (7th Cir. 2006). To survive dismissal,
[the] complaint must contain sufficient factual matter, accepted as true, to state a
claim for relief that is plausible on its face. 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). Pro se complaints such as that filed by the plaintiff
are construed liberally and held to a less stringent standard than formal pleadings drafted by
lawyers. Obriecht v. Raemisch, 517 F.3d 489, 491 n.2 (7th Cir. 2008).
Mr. Schwanke names the following defendants: 1) Corizon Health, Inc.; 2) Dr. Ippel; 3)
Dr. Loveridge; 4) Hannah Winningham; 5) N. P. Glover; 6) and Michael Mitcheff. He seeks
compensatory, punitive, and nominal damages, and a permanent injunction requiring defendants
to provide him with all prescribed necessary medical treatment.
Mr. Schwanke alleges that he accidentally spilled extremely hot chili on his right arm on
or about March 24, 2015, causing severe third degree burns, scars, nerve damage, and
diminished range of motion in that arm.
He alleges that a few days after the injury, he saw Dr. Loveridge who prescribed pain
medications and antibiotics and ordered regular bandaging. Months later, Dr. Loveridge ordered
ten sessions of physical therapy, but Mr. Schwanke only received four or five of the sessions. Dr.
Loveridge explained that the reason Mr. Schwanke did not receive all ten sessions was because
the prison did not have a therapist. Dr. Loveridge also ordered plastic surgery for Mr.
Schwanke’s arm to remove the extensive scar tissue, restore some range of motion, and eliminate
the chronic nerve pain. Mr. Schwanke has not yet had the surgery.
The allegations against Dr. Loveridge do not state a claim of deliberate indifference to a
serious medical need. Rather, the allegations reflect that Dr. Loveridge was responsive to Mr.
Schwanke’s arm injury and prescribed pain medication, antibiotics, physical therapy, and
surgery. Accordingly, the claim against Dr. Loveridge is dismissed for failure to state a claim
upon which relief can be granted. No partial final judgment shall issue at this time regarding
the dismissal of this claim.
Mr. Schwanke alleges that although Dr. Loveridge ordered plastic surgery a few months
after the injury, defendants Michael Mitcheff, Glover, Winningham, and Dr. Ippel have
knowingly failed to resubmit the request or grant the request to ensure that Mr. Schwanke have
Mr. Schwanke alleges that Corizon Health, Inc., failed to provide sufficient staff to
provide him with the prescribed physical therapy sessions. He further alleges that Corizon
Health, Inc. is aware that its employees have refused to provide treatment for pain but that
because of its for-profit model, it has failed to ensure that he receive adequate and effective
treatment for his extreme nerve pain.
Mr. Schwanke alleges that he has informed Dr. Ippel of his chronic, severe nerve pain in
his right arm but that the physician refuses to prescribe nerve pain medication.
II. Further Proceedings
Given the foregoing, the claims of deliberate indifference to Mr. Schwanke’s serious
medical needs brought against defendants Corizon Health, Inc., Dr. Ippel, Hannah Winngham,
Nurse Practitioner Glover, and Michael Mitcheff shall proceed.
The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants
(1) Corizon Health, Inc.; 2) Dr. Ippel; 3) Hannah Winningham; 4) N. P. Glover; and 5) Michael
Mitcheff in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint
(docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons
and Waiver of Service of Summons), and this Entry.
Mr. Schwanke continues to have through May 31, 2017, in which to pay the initial
partial filing fee of Nineteen Dollars and Forty-Five Cents ($19.45) to the clerk of the district
court. Failure to pay the initial partial filing fee as directed in this Entry could result in the
dismissal of the action for failure to comply with Court orders and failure to prosecute.
IT IS SO ORDERED.
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana
NEW CASTLE CORRECTIONAL FACILITY
1000 Van Nuys Road
NEW CASTLE, IN 47362
Corizon Health, Inc.
Nurse Practitioner Glover
All in c/o:
Courtesy copy to:
Jeb Adam Crandall
Bleeke Dillon Crandall Attorneys
8470 Allison Pointe Blvd, Suite 420
Indianapolis, IN 46250
103 Powell Court
Brentwood, TN 37027
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