Terrell, Michael v. Richardson, Reed et al

Filing 26

ORDER granting leave to proceed on clams against defendants Lynch, Chause, Hannula, Ross, Demartini, Becher and Bassuener. Defendants Baker and Zimmerman are DISMISSED from the case.The Department of Justice may have 21 days to inform plain tiff and the court whether it accepts service on behalf of defendant Becher. The clerk of court is directed to forward a summons, the complaint, Dkt. 6 , and supplements to the complaint, Dkt. 21 and Dkt. 24 , to the United States Marshal for service on defendant Bassuener. Signed by District Judge James D. Peterson on 12/20/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

MICHAEL D. TERRELL,
Plaintiff,
v.
ORDER
PAUL LYNCH, C/O CHAUSE, L. BAKER,
JOAN M. HANNULA, BECHER,
MATT ZIMMERMAN, ANDREW B. ROSS,
and JOSEPH R. DEMARTINI,

18-cv-130-jdp

Defendants.
Plaintiff Michael Terrell, a former state of Wisconsin prisoner, alleges that while he was
incarcerated at the Stanley Correctional Institution, he was forced to perform labor despite
being disabled, and after he harmed himself he received inadequate medical care that ultimately
resulted in his kneecap being surgically removed without his approval.
Terrell alleged that defendant Health Services Unit supervisors L. Baker and Becher
“delayed adequate treatment by sending [Terrell] to a specialist.” Dkt. 1, at 4. I stated that it
was unclear what Terrell meant by that allegation, because although undue delay could violate
the Eighth Amendment, sending a patient to a specialist usually shows that the defendant is
not acting with deliberate indifference to the patient’s medical need. Dkt. 9, at 6. I gave Terrell
a chance to amend his complaint by supplementing his allegations against Baker and Becher
to better explain how these defendants violated his rights. Id. Terrell responded by filing a stack
of documents totaling more than 100 pages. See Dkt. 11. I told Terrell that he could not amend
his complaint with those documents, and I gave him a final chance to supplement his complaint
regarding defendants Baker and Becher. Dkt. 19.

Terrell has now filed a supplement in which he states that defendant Becher would not
“approve [his] incident reports” or “fulfill [his] complaints.” Dkt. 21. She would not authorize
the surgery he needed for his knee or do anything to treat his injured leg. Id. These allegations
are sufficient to state Eighth Amendment medical care claims against Becher. Terrell does not
include any allegations against defendant Baker, so I will dismiss Baker from the case.
Terrell has filed two other documents clarifying his allegations about the corticosteroid
treatment he received. Dkt. 24 and Dkt. 25. I previously allowed him to proceed on a claim
against defendant Nurse Matt Zimmerman for countermanding then-defendant Dr. Scott
Bassuener’s order for a corticosteroid injection; Terrell appeared to be alleging that Zimmerman
gave Terrell a larger-than-ordered dose of the steroid. See Dkt. 9, at 5. But now Terrell states
that he does not wish to bring a claim against Zimmerman. Dkt. 25. Instead, Terrell wishes to
sue Bassuener for prescribing a series of ten corticosteroid shots that left his knee “full of fluids”
and “[feeling] like mush.” Dkt. 24. I will dismiss Zimmerman from the case. Because Terrell
says that Bassuener “neglectfully” treated him “in a wrong manner,” id., I will allow Terrell to
proceed on a Wisconsin-law medical malpractice claim against Bassuener.

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ORDER
IT IS ORDERED that:
1. Plaintiff Michael Terrell is GRANTED leave to proceed on the following clams:
•

Eighth Amendment claims against defendants Lynch, Chause, Hannula,
Ross, Demartini, and Becher.

•

Due process claims against defendants Ross and Demartini.

•

A Wisconsin-law medical malpractice claim against defendant Bassuener.

2. Defendants Baker and Zimmerman are DISMISSED from the case.
3. The Department of Justice may have 21 days to inform plaintiff and the court
whether it accepts service on behalf of defendant Becher.
4. The clerk of court is directed to forward a summons, the complaint, Dkt. 6, and
supplements to the complaint, Dkt. 21 and Dkt. 24, to the United States Marshal
for service on defendant Bassuener.
Entered December 20, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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