Proby v. Corizon Medical Services et al

Filing 39

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Corizon, Inc., T. Bredeman, J. Cofield, Dr. Unknown Hucke, Nurse Pamela Schwartz, Nurse Rebecca Grahm and Dr. Phillip Tippen. Corizon, Inc, shall be served in its official capacity. All other defendants shall be served in their individual capacities.IT IS FURTHER ORDERED that Corizon, Inc., and its employees, T. Bredeman, Dr.Unknown Hucke, Nurse Pamela Schwa rtz, Nurse Rebecca Grahm and Dr. Phillip Tippen, should be served according to the Court's waiver of service agreement the Court maintains with Corizon, Inc.. IT IS FURTHER ORDERED that defendant J. Cofield shall be served according to the Court's waiver agreement with the Missouri Attorney General's Office. Signed by District Judge Stephen N. Limbaugh, Jr on 11/20/20. (MRS)

Case: 1:18-cv-00293-SNLJ Doc. #: 39 Filed: 11/20/20 Page: 1 of 3 PageID #: 348

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GEORGE PROBY, JR.,
Plaintiff,
V.

CORIZON MEDICAL SERVICE, et al.,
Defendants.

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No. l:18-CV-293 SNLJ

MEMORANDUM ORDER
This matter is before the Court upon remand from the United States Court of Appeals for
the Eighth Circuit. In accordance with the opinion of the Court of Appeals, this Court will issue
process, or cause process to issue on the following:
(1) plaintiffs official capacity claims against Corizon Medical Service for allegedly having
a policy of prohibiting medical professionals of referring plaintiff to a surgeon to save money; 1
(2) plaintiffs individual capacity claim against T. Bredeman, Regional Medical Director
. of Corizon, for purportedly denying him grievances relating to his alleged lack of treatment by
Corizon doctors for abdominal pain, anal warts and hemorrhoids;
(3) plaintiffs individual capacity claim against J. Cofield, Missouri Department of
Corrections, Director of Operations, for purportedly denying him grievances relating to his alleged
lack of treatment by Corizon doctors for abdominal pain, anal warts and hemorrhoids;

1The

Eighth Circuit remanded official capacity claims against the individual Corizon defendants as well.
However, an official capacity claim against an individual defendant employed by Corizon is the
equivalent of a claim against Corizon, itself. Will v. Michigan Dep 't ofState Police, 491 U.S. 58, 71
(1989). Plaintiffs official capacity claims against T. Bredeman for denying his grievances, Dr. Hucke,
Nurse Swartz, Nurse Grahm and Dr. Tippen for failing to properly diagnose and treat his medical issues
do not contain any allegations that a policy or custom of Corizon was in any way responsible for a
violation of plaintiff's Eighth Amendment rights. Monell v. Dep 't of Social Services, 436 U.S. 658, 69091 (1978). Accordingly, it appears that the only policy or custom claim remaining in this case is the claim
that Corizon Medical Service had a policy of prohibiting medical professionals of referring plaintiff to a
surgeon to save money.

Case: 1:18-cv-00293-SNLJ Doc. #: 39 Filed: 11/20/20 Page: 2 of 3 PageID #: 349

(4) plaintiffs individual capacity claims against Dr. Unknown Hucke, Corizon doctor
employed at Jefferson City Correctional Center ("JCCC"), for allegedly failing to properly treat
plaintiff for anal warts, digestive symptoms and abdominal pain in 2017, in violation of the Eighth
Amendment;
(5) plaintiffs individual capacity claims against Nurse Pamela Swartz, Corizon Nurse
employed at JCCC in 2017, for allegedly failing to properly treat plaintiff for anal warts, with his
requested treatment, Podophyllin, in violation of the Eighth Amendment;
(6) plaintiffs individual capacity claims against Nurse Rebecca Grahm, Corizon Nurse
employed at Southeast Correctional Center ("SECC") in September of 2018, for allegedly failing
to provide plaintiff proper pain medication and his requested treatment for anal warts and
hemorrhoids, Podophyllin in violation of the Eighth Amendment. Plaintiff also claims that Nurse
Grahm failed to report Corizon to the proper medical authorities and it was at this point, when he
was being treated by Nurse Grahm, that he realized that Corizon had a policy of denying surgery
to him even though it was medically necessary. Plaintiff additionally claims that when surgery was
scheduled by an outside provider at a later time, Nurse Grahm consulted with Dr. Tippen and they
decided to deny plaintiff surgery. Moreover, plaintiff states that Nurse Grahm failed to properly
treat plaintiff after surgery once he had surgery for his hemorrhoids and anal warts;
(7) plaintiffs individual capacity claims against Dr. Phillip Tippen, a Corizon Doctor
employed at SECC in the Fall of 2018, for allegedly failing to provide plaintiff proper treatment
for anal warts and hemorrhoids in violation of the Eighth Amendment. Plaintiff additionally claims
that when surgery was scheduled by an outside provider at a later time, Dr. Tippen and Nurse
Grahm decided to deny plaintiff surgery. Moreover, plaintiff states that Nurse Grahm failed to
properly treat plaintiff after surgery once he had surgery for his hemorrhoids and anal warts.
Accordingly,

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Case: 1:18-cv-00293-SNLJ Doc. #: 39 Filed: 11/20/20 Page: 3 of 3 PageID #: 350

IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue
upon the complaint as to defendants Corizon, Inc., T. Bredeman, J. Cofield, Dr. Unknown Hucke,
Nurse Pamela Schwartz, Nurse Rebecca Grahm and Dr. Phillip Tippen. Corizon, Inc, shall be
served in its official capacity. All other defendants shall be served in their individual capacities.

IT IS FURTHER ORDERED that Corizon, Inc., and its employees, T. Bredeman, Dr.
Unknown Hucke, Nurse Pamela Schwartz, Nurse Rebecca Grahm and Dr. Phillip Tippen, should
be served according to the Court's waiver of service agreement the Court maintains with Corizon,
Inc.

IT IS FURTHER ORDERED that defendant J. Cofield shall be served according to the
Court's waiver agreement with the Missouri Attorney General's Office.
Dated this ,21?-fi, day of

JJcrvtA-/e,

, 2020.

STEPHN.ilMBAUGH,JR.
UNITED STATES DISTRICT JUDGE

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