ROWE v. DILLOW et al

Filing 6

ENTRY Screening Complaint and Directing Further Proceedings - The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Signed by Judge Tanya Walton Pratt on 10/24/2017. (Copy mailed to Plaintiff, Defendants, and Douglass Bitner) (MEJ) (Main Document 6 replaced on 10/24/2017) (MEJ).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

REV. JEFFREY ALLEN ROWE,
Plaintiff,
vs.
AMBER DILLOW LPN.,
ALICIA D. COOMER LPN.,
BRUCE D. IPPLE MD.,
CORRECTIONAL CAPTAIN GARD,
GEO GROUP, INC.,
JEFFERY GLOVER NP.,
JESSICA WIGAL LPN.,
HUFFARD Mr., HSA.,
SGT. BROWN NURSE,
BURKHARDT NURSE,
CORRECTIONAL CAPTAIN THOMPSON,

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No. 1:17-cv-03288-TWP-MJD

Defendants.

Entry Screening Complaint and Directing Further Proceedings
I. Screening Standard
Plaintiff Jeffrey Allen Rowe is a prisoner currently incarcerated at the New Castle
Correctional Facility (“NCCF”). 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
Rowe 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).
II. The Complaint
The following facts are those that Rowe alleges in his complaint: Rowe has a small cyst
on his testicle which causes him severe pain and prevents him from doing many daily activities.
He has been denied treatment for this in a number of ways. Defendant Nurse Wigal has delayed
in scheduling him for Nurse Sick Call and failed to provide him with adequate pain medication.
Nurse Dillow delayed in scheduling him to see the provider. Nurse Practitioner Glover delayed
in examining him and when he did examine him, he ordered an ultrasound, but did not provide
him with enough medication for his pain. Rowe continued to submit healthcare requests
complaining of pain and Nurse Practitioner Glover again delayed in seeing him and failed to
provide him with adequate pain medication.
Defendant Huffard is the Health Services Administrator. Rowe submitted multiple
communications to Huffard, but Huffard failed to ensure that Rowe received timely and adequate
treatment.
Rowe complained of his pain to defendant Dr. Ipple and Dr. Ipple refused to help him.

When Rowe was prescribed pain medication, defendant Burkhardt failed to record
properly the amount of medication he should receive. Nurse Coomer delayed his requests for
pain medication.
He complained about his pain to defendant Nurse Brown and she referred him to the
provider instead of calling the doctors at that time to seek prescription pain medication.
Under its contract with the Indiana Department of Correction, The Geo Group, Inc.
(“GEO”) has a duty to provide sufficient staff to properly and efficiently operate the security
operations at NCCF. As a prisoner at NCCF, Rowe is a third-party beneficiary of this contract.
NCCF is understaffed and movement on Rowe’s Unit has been delayed. These delays have
contributed to the delays in the medical care at issue in Rowe’s complaint. Correctional Captains
Gard and Thompson were aware of these delays and failed to ensure timely movement within the
Unit.
III. Discussion of Claims
Applying the screening standard to the factual allegations in the complaint, the claims
which shall proceed are the following:
Rowe’s claims based on alleged delays in care and inadequate pain medication shall
proceed against defendants Wigal and Dillow as claims that these defendants were negligent and
exhibited deliberate indifference to his serious medical needs in violation of his Eighth
Amendment rights. His claims that Nurse Practitioner Glover delayed in examining him and
failed to treat his pain adequately shall proceed as claims that Nurse Practitioner Glover
exhibited deliberate indifference to his serious medical needs and committed malpractice. His
claims that Huffard failed to ensure that he received timely and adequate treatment shall proceed
as a claim that Huffard was negligent and deliberately indifferent to his serious medical needs in

violation of the Eighth Amendment. His claim that Dr. Ipple refused to help him shall proceed as
a claim that Dr. Ipple exhibited deliberate indifference to his serious medical needs in violation
of the Eighth Amendment. His claim that Burkhardt failed to record his prescription properly
shall proceed as a claim that Burkhardt was negligent and deliberately indifferent to his serious
medical needs. The claim that Nurse Brown delayed in getting Rowe treatment from a doctor
shall proceed as an Eighth Amendment deliberate indifference claim. The claim that Nurse
Coomer delayed his request for pain medication shall proceed as an Eighth Amendment
deliberate indifference claim. The claim that defendants GEO and Correctional Captains Gard
and Thompson contributed to the delays in care shall proceed as Eighth Amendment deliberate
indifference claims. Finally, Rowe’s breach of contract claim shall proceed against GEO.
This summary of remaining claims includes all of the viable claims identified by the
Court. If Rowe believes that additional claims were alleged in the complaint, but not identified
by the Court he shall have through November 27, 2017, in which to identify those claims.
IV. Duty to Update Address
The pro se plaintiff shall report any change of address within ten days of any change. The
Court must be able to locate the plaintiff to communicate with him. If the plaintiff fails to keep
the Court informed of his or her current address, the action may be subject to dismissal for
failure to comply with Court orders and failure to prosecute.
V. Service of Process
The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the
defendants in the manner specified by Rule 4(d). Process shall consist of the complaint,
applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver
of Service of Summons), and this Entry.

IT IS SO ORDERED.

Date: 10/24/2017

Distribution:
Jeffrey Allen Rowe
116017
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Jessica Wigal
MEDICAL EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Amber Dillow
MEDICAL EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Nurse Brown
MEDICAL EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Alicia Coomer
MEDICAL EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Nurse Burkhardt
MEDICAL EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Bruce Ipple
MEDICAL EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Correctional Captain Gard
EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Jeffery Glover
MEDICAL EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Correctional Captain Thompson
EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362

Mr. Huffard
EMPLOYEE
New Castle Correctional Facility
1000 Van Nuys Rd.
PO Box A
New Castle, IN 47362
GEO Group, Inc.
One Park Place, Suite 700
621 Northwest 53rd Street
Boca Raton, FL 33487

Courtesy Copy to:
Douglass Bitner
Katz Korin Cunningham, PC
The Emelie Building
334 North Senate Ave
Indianapolis, IN 46204