Craft v. Sheriff

District Court, N.D. Indiana·Decided October 5, 2022·No. 3:22-cv-00583·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

KENNETH R. CRAFT, JR.,

Plaintiff,

v. CAUSE NO. 3:22-CV-583-JD-MGG

SHERIFF,

Defendant.

OPINION AND ORDER Kenneth R. Craft, Jr., a prisoner without a lawyer, is currently incarcerated at the Pulaski County Jail and alleges he has a life-threatening condition causing him severe pain. Specifically, he claims he has a hernia in his lower abdomen and that his intestines “have came (sic) loose and are now resting against my apendix (sic) which is causing me sever[e] pain and my kidneys to not work right.” ECF 1 at 1. He alleges his outside physician sent the Pulaski County Jail medical staff his health records, which indicate he needs surgery. Craft alleges that although he is in severe pain, cannot stand up, and is scared that his hernia or appendix is going to rupture and kill him, the medical staff at the Pulaski County Jail are refusing to help him or provide any medical care. He seeks “help.” Id. The court construed his allegations as seeking a preliminary injunction (ECF 2) and ordered the Pulaski County Sheriff to respond (with supporting medical documentation and declarations from other staff as necessary) describing/explaining how he is providing Craft with constitutionally adequate treatment for his abdominal hernia, appendix, and/or kidneys. ECF 3. The Sheriff filed his response by the deadline (ECF 9), and Craft has filed his reply (ECF 13), along with many other documents.1 As

such, the motion (ECF 2) is ripe for adjudication. “[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion.” Mazurek v. Armstrong, 520 U.S. 968, 972 (1997). “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance

of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). As to the first prong, “the applicant need not show that [he] definitely will win the case.” Illinois Republican Party v. Pritzker, 973 F.3d 760, 763 (7th Cir. 2020). However, “a mere possibility of success is not enough.” Id. at 762. “A strong showing . . . normally

includes a demonstration of how the applicant proposes to prove the key elements of its case.” Id. at 763 (quotation marks omitted). In assessing the merits, the court does not simply “accept [the plaintiff’s] allegations as true, nor do[es] [it] give him the benefit of all reasonable inferences in his favor, as would be the case in evaluating a motion to dismiss on the pleadings.” Doe v. Univ. of S. Ind., 43 F.4th 784, 791 (7th Cir. 2022).

Instead, the court must make an assessment of the merits as “they are likely to be

1 He filed several other letters and motions (ECFs 10, 11, 12, 14, 15, 17, 18, 19, 20, 22, 23 & 25), all of which have been reviewed by the court and will be dealt with via separate order. decided after more complete discovery and litigation.” Id. at 792.2 On the second prong, “[i]ssuing a preliminary injunction based only on a possibility of irreparable harm is

inconsistent with . . . injunctive relief as an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter, 555 U.S. at 22. “Mandatory preliminary injunctions” requiring the defendant to take affirmative acts—such as transferring an inmate or providing him with additional medications— are viewed with particular caution and are “sparingly issued[.]” Mays v. Dart, 974 F.3d

810, 818 (7th Cir. 2020) (quotation marks omitted). Additionally, in the prison context, the court’s ability to grant injunctive relief is significantly circumscribed; any remedial injunctive relief “must be narrowly drawn, extend no further than necessary to remedy the constitutional violation, and use the least intrusive means to correct the violation of the federal right.” Westefer v. Neal, 682 F.3d 679, 681 (7th Cir. 2012) (citations and

internal quotation marks omitted). As described above, Craft alleges he has not been provided with any medical care for his abdominal hernia, appendix, and/or kidneys since he arrived at the Pulaski County Jail in November of 2021. He is particularly concerned with a hernia, which he alleges requires surgery per his outside doctor, Dr. Blake Hood. The Sheriff disagrees

with that assertion and insists Craft has been and is being provided with constitutionally adequate medical care. Included with the Sheriff’s response are Craft’s

2 The Seventh Circuit has recognized the first step is “often decisive,” and a court need not analyze the remaining elements when that is the case. Univ. of S. Ind., 43 F.4th at 791. medical records (ECF 9-1 at 6–96) and an affidavit by Leann Witkowski, a nurse employed by Quality Correctional Care (QCC) who is assigned to the Pulaski County

Jail. The following relevant facts are supported by admissible evidence and are undisputed unless otherwise noted. Craft arrived at the Pulaski County Jail on November 10, 2021. ECF 9-1 at 1. The initial medical assessment occurred on November 19, 2021, and it was performed by Nurse Witkowski. Id. at 2, 94–95. Notes indicate Craft self-reported he had been recently seen at the hospital for a hernia which was diagnosed by Dr. Hood and scheduled for

surgery, but no medical records were provided to the jail staff at that time. Id. On January 14, 2022, Craft filled out his first medical request starting he was “hurting so bad I can’t stand. I think my [hernia] has [ruptured]. It severely hurts to where I can’t stand the pain when I poop or [pee].” Id. at 2, 91. He filled out another health care request a few days later requesting a Covid-19 test. Id. at 90. He was seen by Nurse

Witkowski on January 19, 2022, who examined him for his Covid-19 and hernia concerns. Id. at 2, 88–89. The Covid-19 test was positive and his hernia pain was noted, so Craft was prescribed acetaminophen and advised to push fluids and avoid strenuous exercise. Id. Nurse Witkowski also obtained a signed authorization from Craft to receive his medical records from Dr. Hood. Id. at 2, 83, 88–89. After filling out another medical

request form for a rash, cough, and shortness of breath, he was assessed by Nurse Witkowski again two days later. Id. at 87. His heartrate and oxygen were normal, and it was noted that Craft walked quickly to the cell door while putting on his shirt with no difficulty or shortness of breath. Id. Craft filled out another medical request form later that same day requesting cold medicine and blood pressure/temperature checks. Id. at 86. Nurse Witkowski evaluated Craft on January 24, 2022, and noted that his blood

pressure was checked after hours (with a reading of 144/94) and that his temperature and oxygen were being monitored daily. Id. at 84–85, 86. She also noted she discussed the case with Dr. Eric Tchapchet, a medical doctor employed by QCC who is Board Certified in General Practice and provides services at the Pulaski County Jail. Id. at 3, 86. On January 28, 2022, Craft filled out a medical request form stating he needed another Covid-19 test and Tylenol because he was “hurting so bad I can’t stand it.” Id. at 77. He

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