Drummer v. Corizon Correctional Health Care et al
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 7 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $17 within thirty (30) days of the date o f this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance i s for an original proceeding. IT IS FURTHER ORDERED that the Clerk is directed to issue process on defendants Reynal Caldwell and M. Mallard in accordance with the Court's agreement with Corizon, Inc. IT IS FURTHER ORDERED that defendant Corizon Correctional Health Care is DISMISSED without prejudice. An Order of Partial Dismissal will be filed separately. Signed by District Judge Audrey G. Fleissig on 9/8/16. (KXS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
LAWRENCE DRUMMER, JR.,
CORIZON CORRECTIONAL HEALTH
CARE, INC., et al.,
No. 4:16-CV-1170 AGF
MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action under 42
U.S.C. § 1983. Having reviewed plaintiff’s financial information, the Court assesses a partial
initial filing fee of $17, which is twenty percent of his average monthly deposit. See 28 U.S.C.
§ 1915(b). Additionally, the Court will direct the Clerk to serve process on defendants Reynal
Caldwell and M. Mallard.
Standard of Review
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in forma
pauperis if it is frivolous, malicious, or fails to state a claim upon which relief can be granted.
To state a claim for relief, a complaint must plead more than “legal conclusions” and
“[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere
conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
A plaintiff must
demonstrate a plausible claim for relief, which is more than a “mere possibility of misconduct.”
Id. at 679. “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.” Id. at 678. Determining whether a complaint states a plausible claim for relief is a
context-specific task that requires the reviewing court to draw on its judicial experience and
common sense. Id. at 679.
When reviewing a complaint under 28 U.S.C. § 1915(e), the Court accepts the well-pled
facts as true. Furthermore, the Court liberally construes the allegations.
Plaintiff brings this action against Corizon, Dr. Reynal Caldwell, and Dr. M. Mallard.
Plaintiff injured his right shoulder during his arrest by St. Louis police officers in August 2015.
He was taken to Barnes-Jewish Hospital.
Plaintiff’s shoulder was X-rayed, and it was
determined that he had a torn rotator cuff.
Plaintiff was detained in the St. Louis City Justice Center from about August 10, 2015,
through August 25, 2015. He had been scheduled for an appointment at Barnes, but he says
prison officials “didn’t or couldn’t find Barnes Jewish Clinic at this time.”
Plaintiff was then processed into the St. Louis Medium Security Institution. After he
arrived, he did not receive any medications for twenty-one days. On September 9, 2015, he was
taken to the clinic at Barnes to see his doctor. The doctor told him he needed surgery, and the
correctional officers accompanying plaintiff gave the doctor Mallard’s phone number to schedule
Plaintiff saw Mallard for the first time on September 16, 2015. He told Mallard he was
having right sided chest pains due to his shoulder injury. He told her he was not able to sleep
because of the constant pain. Mallard told him she would retrieve the X-rays and set a date for
surgery. She prescribed a muscle relaxer and gave him the instructions for post-surgery therapy.
He continued to complain about his pain and a nurse gave him some TUMS. He kept
complaining until he was seen on November 19, 2016. A nurse gave him some indigestion
medication. He told her he did not have indigestion and the pain was coming from his shoulder.
He saw the nurse again. She informed him that Mallard had prescribed the indigestion
medication. She said she would inform Mallard about the injury again. She also told him that
they had recently let another inmate go because they did not want to pay for her surgery.
Plaintiff saw defendant Caldwell on December 1, 2015. He told Caldwell about his
rotary cuff injury, that he was not healing correctly, and that he was still waiting to go to surgery.
Dr. Caldwell gave him nitroglycerin for his chest pain. Plaintiff has never had heart problems,
Plaintiff saw Mallard on December 8, 2015. He reminded her about his injuries, and she
told him to stop taking the nitroglycerin. She acted like she did not know about his injury and
did an EKG test. She also gave him pain medicine.
Plaintiff filed several medical requests in January and February 2016, but he was not
On February 24, 2016, plaintiff returned to Barnes where he was given a second X-ray.
The doctor told him that too much time had passed since the injury and that his shoulder was
On April 21, 2016, plaintiff saw Mallard, and she told him she wanted to send him out for
a second opinion. She also told him she was going to start giving him pain medications, which
he had not been receiving for several months.
Plaintiff’s complaint “is against both the individuals Dr. Caldwell and Dr. Mallard and
the official capacities of Corizon, Inc.” The Court construes this to mean plaintiff sues Caldwell
and Mallard in their individual capacities.
The complaint states a plausible claim for relief against both Mallard and Caldwell. As a
result, the Court will require these defendants to respond to the complaint.
In order to state a claim against Corizon, plaintiff must allege that there was a policy,
custom or official action that caused an actionable injury. Sanders v. Sears Roebuck & Co., 984
F.2d 972, 95-76 (8th Cir. 1993).
Plaintiff has not made such an allegation, and so, the Court
will dismiss Corizon without prejudice.
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [ECF
No. 7] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $17
within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance
payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his
prison registration number; (3) the case number; and (4) that the remittance is for an original
IT IS FURTHER ORDERED that the Clerk is directed to issue process on defendants
Reynal Caldwell and M. Mallard in accordance with the Court’s agreement with Corizon, Inc.
Prisoners must pay the full amount of the $350 filing fee. After payment of the initial partial filing fee, the
prisoner is required to make monthly payments of 20 percent of the preceding month’s income credited to the
prisoner’s account. The agency having custody of the prisoner will deduct the payments and forward them to the
Court each time the amount in the account exceeds $10. 28 U.S.C. § 1915(b)(2).
IT IS FURTHER ORDERED that defendant Corizon Correctional Health Care is
DISMISSED without prejudice.
An Order of Partial Dismissal will be filed separately.
Dated this 8th day of September, 2016.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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