MACKEY v. CORIZON HEALTH LLC et al

Filing 10

ENTRY SCREENING COMPLAINT AND DIRECTING ISSUANCE OF PROCESS - Plaintiff Clinton Mackey is an inmate confined at Pendleton Correctional Facility (PCF) and is therefore a "prisoner" as defined by 28 U.S.C. § 1915(h). Consequently, th is Court has an obligation under 28 U.S.C. § 1915A(b) to screen his complaint before service on the defendants. This action shall proceed with Eighth Amendment deliberate indifference claims against Defendants Byrd, Chavez, and Riggs; and Eig hth Amendment policy-or-practice claims against Corizon and Wexford. If Mr. Mackey believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through June 19, 2018, in which to identify those claims. (See Entry.) Copy of Entry mailed per distribution list. Signed by Judge Tanya Walton Pratt on 5/21/2018.(NAD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
CLINTON B. MACKEY,
Plaintiff,
v.
CORIZON HEALTH LLC,
WEXFORD HEALTH SOURCES, INC.,
SAMUEL J. BYRD M.D.,
MARY A. CHAVEZ D.O.,
BARBRA RIGGS R.N.,
Defendants.

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No. 1:18-cv-00407-TWP-DLP

ENTRY SCREENING COMPLAINT AND DIRECTING ISSUANCE OF PROCESS
Plaintiff Clinton Mackey is an inmate confined at Pendleton Correctional Facility (PCF)
and is therefore a “prisoner” as defined by 28 U.S.C. § 1915(h). Consequently, this Court has an
obligation under 28 U.S.C. § 1915A(b) to screen his complaint before service on the defendants.
I. Screening Standard
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 Mr. Mackey’s 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. Discussion of Claims
The complaint alleges that Mr. Mackey entered the custody of the Indiana Department of
Correction (IDOC) at Wabash Valley Correctional Facility (WVCF) in August 2015. When he
arrived at WVCF, Mr. Mackey had been experiencing pain and various urological symptoms,
including frequently needing to urinate, frequently waking up at night to urinate, difficulty
urinating, and ejaculation during bowel movements. The complaint concerns the course of medical
treatment Mr. Mackey received (or did not receive) as these symptoms persisted from August 2015
through the time he filed the complaint in February 2018. During this time, Mr. Mackey was
confined either at WVCF or PCF.
According to the complaint, tests performed during this time confirmed that Mr. Mackey
had an enlarged prostate, that his condition was neurogenic, and that his bladder did not void
completely during urination. Despite numerous requests, the medical staff did not refer Mr.
Mackey for outside treatment until August 2016, at which time he saw a nurse practitioner. It is
not clear whether Mr. Mr. Mackey has seen a urologist.
The complaint indicates that Mr. Mackey was provided some medication for his symptoms.
However, he was not provided with any medication for his pain until December 2016. That
medication caused side effects that exacerbated Mr. Mackey’s other symptoms, and he was not
taken off that medication until November 2017.
At WVCF, Mr. Mackey was treated by Drs. Samuel Byrd and Mary Chavez and Nurse
Barbara Riggs, who were employed by Corizon Health, LLC, and later Wexford Health Sources,

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to treat inmates at WVCF. The complaint alleges that Drs. Byrd and Chavez and Nurse Riggs
ignored and discounted Mr. Mackey’s symptoms, denied him access to medical care, and
performed procedures in a manner intended to cause him pain. The complaint also alleges that Dr.
Byrd prescribed only a minimal course of treatment despite knowing that it had not resolved Mr.
Mackey’s symptoms and that Wexford refused to provide treatments, including treatments
requested by Dr. Chavez, on grounds that they were too expensive.
The complaint indicates that Mr. Mackey’s symptoms persist and still have not been
adequately treated.
These allegations support plausible claims that Defendants Byrd, Chavez, and Riggs were
deliberately indifferent to Mr. Mackey’s serious medical condition in violation of the Eighth
Amendment. They also support plausible claims that Mr. Mackey’s Eighth Amendment rights
were violated as a consequence of official policies or practices of Corizon or Wexford. These
claims shall proceed as submitted.
III. Duty to Update Address
Mr. Mackey shall report any change of address within ten (10) days of any change. The
Court must be able to locate Mr. Mackey to communicate with him. If Mr. Mackey fails to keep
the Court informed of his current address, the action may be subject to dismissal for failure to
comply with Court orders and failure to prosecute.
IV. Summary of Claims and Issuance of Process
In sum, this action shall proceed with Eighth Amendment deliberate indifference claims
against Defendants Byrd, Chavez, and Riggs; and Eighth Amendment policy-or-practice claims
against Corizon and Wexford.

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This summary of claims includes all viable claims identified by the Court. If Mr. Mackey
believes that additional claims were alleged in the complaint, but not identified by the Court, he
shall have through June 19, 2018, in which to identify those claims.
The clerk is designated pursuant to Federal Rule of Civil Procedure 4(c)(3) to issue process
to Defendants (1) Corizon Health, LLC; (2) Wexford Health Sources; (3) Barbara Riggs, R.N.; (4)
Mary A. Chavez, D.O.; and (5) Samuel J. Byrd, M.D., in the manner specified by Federal Rule of
Civil Procedure 4(d). Process shall consist of the complaint (dkt. 2), 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:

5/21/2018

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Distribution:
CLINTON B. MACKEY
249602
PENDLETON - CF
PENDLETON CORRECTIONAL FACILITY
Electronic Service Participant – Court Only
Wexford Health Sources
c/o Registered Agent, Douglas P. Long
500 N. Meridian Street, Suite 300
Indianapolis, IN 46204

Barbara Riggs, R.N.
Wabash Valley Correctional Facility
6908 S. Old U.S. Hwy. 41
P.O. Box 500
Carlisle, IN 47838
Mary A. Chavez, D.O.
Wabash Valley Correctional Facility
6908 S. Old U.S. Hwy. 41
P.O. Box 500
Carlisle, IN 47838

Courtesy copies to:
Jeb Adam Crandall
BLEEKE DILLON CRANDALL
ATTORNEYS
8470 Allison Pointe Boulevard
Suite 420
Indianapolis, IN 46250

Samuel J. Byrd, M.D.
Wabash Valley Correctional Facility
6908 S. Old U.S. Hwy. 41
P.O. Box 500
Carlisle, IN 47838

Douglass A. Bitner
Katz Korin Cunningham, P. C.
334 North Senate Avenue
Indianapolis, IN 46204

Corizon Health LLC
103 Powell Court
Brentwood, TN 37027

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