Bowers v. Milwaukee County Jail Medical Staff

52 F. App'x 295
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 25, 2002
DocketNo. 02-1259
StatusPublished
Cited by2 cases

This text of 52 F. App'x 295 (Bowers v. Milwaukee County Jail Medical Staff) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowers v. Milwaukee County Jail Medical Staff, 52 F. App'x 295 (7th Cir. 2002).

Opinion

ORDER

Inmate David Elijah Bowers, Sr., filed a pro se complaint under 42 U.S.C. § 1983 alleging that the medical staff at the Milwaukee County Jail “unlawfully and against medical practice” administered another inmate’s prescribed medication to him over a prolonged period of time. Because § 1983 requires a constitutional violation, the district court characterized Bowers’s complaint as arising under the Eighth Amendment’s prohibition against cruel and unusual punishment and granted Bowers leave to amend his complaint to include allegations of deliberate indifference. After reviewing Bower’s amended complaints (Bowers filed two, and the court effectively construed both as supplements to the original complaint), the district court dismissed the action under 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. Because in our review we conclude that various documents submitted by Bowers became part of the district court’s record and should be considered along with the Bowers’s complaint, we vacate the judgment and remand for further proceedings.

Bowers currently is an inmate at Waupun Correctional Institution, but the actions giving rise to his complaint occurred while he was incarcerated at the Milwaukee County Jail. According to his complaints, Bowers takes prescribed medications for diabetes and high blood pres[297]*297sure, but he alleges—and medical records submitted by Bowers appear to confirm— that the medical staff at the jail also administered Dilantin, an anti-seizure drag, and Paxil, an antidepressant, without a prescription. The Dilantin and Paxil were intended for inmate David A. Bowers, and when appellant Bowers first became aware of the mixup in January of 2000, he embarked on a persistent effort, as detailed in letters written by Bowers and addressed to Milwaukee County jail medical staff nurses and the district court, to convince the jail staff that he was receiving drags prescribed for a different inmate. According to these letters, the medical staff investigated his complaints and determined that he was right about the mixup, and yet the medical staff continued to give him the Dilantin and Paxil as a consequence of not verifying his inmate identification number before dispensing the drugs. Bowers also says that at times he was “tricked” into taking the other inmate’s medication, but by this he apparently means that he did not recognize immediately that he was receiving unprescribed drugs and thought instead that the medical staff had changed his diabetes or blood pressure medications.

Bowers’s allegations are at times inconsistent—he alleges at one point that the medical staff administered Dilantin and Paxil three times a day for ten months, but elsewhere he asserts that he was given the drags just twenty-two times—and a psychiatrist’s report included in the district court record dated after Bowers was moved from the county jail into state custody indicates that he takes Dilantin and suffers from a seizure disorder, which Bowers denies. But what cannot be disputed is that dental records from the state prison system, which Bowers submitted to the district court, document that Bowers was “mistakenly on Dilantin” and as a direct result suffered from hyperplasia, a side effect that results in bone loss around the teeth. In Bowers’s case, the bone loss was moderate to severe, and he lost twelve teeth. Bowers also alleges that he was fatigued, and that prison doctors have told him that the unprescribed drags have caused him to develop a heart condition.

We review de novo dismissals under § 1915A for failure to state a claim, accepting as true the plaintiffs factual allegations and drawing all inferences in the plaintiffs favor. Wynn v. Southward, 251 F.3d 588, 591 (7th Cir.2001). Further, we liberally construe pro se complaints, id. at 592, and we may consider documents submitted by Bowers to the district court. Help at Home, Inc. v. Med. Capital, L.L.C., 260 F.3d 748, 752-53 (7th Cir.2001) (“ A plaintiff need not put all of the essential facts in the complaint’; he may add them by affidavit or brief in order to defeat a motion to dismiss if the facts are consistent with the allegations of the complaint.” (quoting Hrubec v. Nat’l R.R. Passenger Corp., 981 F.2d 962, 964-65 (7th Cir.1992))). Dismissal of Bowers’s complaint for failure to state a claim was proper only if no relief is available under any conceivable set of facts consistent with his allegations. Wynn, 251 F.3d at 592.

The district court viewed this as an Eighth Amendment case, and to demonstrate cruel and unusual punishment, an inmate must initially prove an “objectively ‘sufficiently serious’” deprivation of the “‘minimal civilized measures of life’s necessities.’ ” Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (citations omitted). If the deprivation alleged is a lack of adequate medical care, the inmate must prove that he suffered from a serious medical condition, i.e., one that, viewed objectively, is “sufficiently serious.” Gutierrez v. Peters, 111 F.3d 1364, 1369 (7th Cir.1997); see also Wynn, [298]*298251 F.3d at 593. If, however, the deprivation alleged is a failure to prevent future harm to a healthy individual, the inmate must prove that his future health was unreasonably jeopardized by a risk to which contemporary society would not expose any unwilling individual. Helling v. McKinney, 509 U.S. 25, 36, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993); Alvarado v. Litscher, 267 F.3d 648, 651 (7th Cir.2001). Under either theory, an inmate also must prove that prison officials acted with deliberate indifference. Farmer, 511 U.S. at 834; Helling, 509 U.S. at 34. A prison official acts with deliberate indifference if he knew of a substantial risk of serious harm and acted or failed to act despite this knowledge. Farmer, 511 U.S. at 842; Wynn, 251 F.3d at 593. A defendant’s knowledge of a substantial risk may be inferred from the obviousness of the risk. Farmer, 511 U.S. at 842.

The district court characterized Bowers’s claim as one for inadequate medical treatment, and assumed without elaborating that he suffered from a serious medical condition. Diabetes is a serious medical condition, see Egebergh v. Nicholson, 272 F.3d 925, 928 (7th Cir.2001), though at first blush it might seem that the medical staff at the Milwaukee County Jail was properly treating Bowers’s diabetes-the problem was not the failure to treat a condition that Bowers does have, but the use of drugs intended to treat maladies he does not have.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

David Bowers v. Ellie Seymour
436 F. App'x 676 (Seventh Circuit, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
52 F. App'x 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowers-v-milwaukee-county-jail-medical-staff-ca7-2002.