Lee v. Eller, et al.,

Filing 19

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS. Defendant Eller is hereby DISMISSED. This action continues with respect to defendant Dr. Eddy. Signed by Judge Algenon L. Marbley on 8/12/2013. (pes1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Antione S. Lee,
Plaintiff
v.
Brad Eller and Dr. Eddy,
Defendants

:
:

Civil Action 2:13-cv-00087

:

Judge Marbley

:

Magistrate Judge Abel

:
ORDER
Plaintiff Antione S. Lee, a state prisoner, brings this action alleging that
defendants Brad Eller and Dr. Eddy violated his Eighth Amendment rights by failing to
provide him with estrogen hormone treatment. This matter is before the Court on
plaintiff's February 28, 2013 statement of claim and memorandum in support, which the
Court will characterize as objections to Magistrate Judge Abel's January 31, 2013 Initial
Screening Report and Recommendation recommending that defendant Eller be
dismissed.
Upon de novo review in accordance with the provisions of 28 U.S.C. §636(b)(1)(B),
the Court ADOPTS the Report and Recommendation. (Doc. 5).
Lee is a 34 year old African American transgender male who has been living as a
female since the age of 18. He has taken a female hormone medication, estrogen, since
the age of 19. He has also received breast implants. Since Lee has been incarcerated at
the Belmont Correctional Institution, he has filed a series of complaints and grievances
1

about mistreatment and discrimination against him because he is an African American
transgender inmate. Brad Eller, a medical administrator, is alleged to have shown no
concern to Mr. Lee’s complaints. Finally, it is alleged that Dr. Eddy, ODRC’s Chief
Medical Officer, denied Lee hormonal treatment despite that fact that the treatment is
medically necessary and he was receiving that treatment before his transfer to the
Belmont Correctional Institution. Because he has been denied the treatment, Lee is
depressed and has suffered adverse physical side effects.
The Eighth Amendment forbids prison officials from “unnecessarily and
wantonly inflicting pain” on an inmate by acting with “deliberate indifference” toward
the inmate’s serious medical needs. Estelle v. Gamble, 429 U.S. 97, 104 (1976). The
allegation that Brad Eller, a hospital administrator has refused to issue him hormone
treatment or email the Chief Medical Inspector about hormone therapy is insufficient to
state a claim that he deliberately subjected plaintiff to cruel and unusual punishment.
Mr. Eller is not plaintiff’s treating physician and cannot prescribe him estrogen.
Defendant Eller is hereby DISMISSED. This action continues with respect to
defendant Dr. Eddy.

S/Algenon L. Marbley
Algenon L. Marbley
United States Magistrate Judge

2

3