Hendrick v. Wexford Health Sources, Inc.

141 F. Supp. 3d 393, 2015 U.S. Dist. LEXIS 132472, 2015 WL 5766320
CourtDistrict Court, D. Maryland
DecidedSeptember 29, 2015
DocketCivil Action No. TDC-14-2544
StatusPublished
Cited by12 cases

This text of 141 F. Supp. 3d 393 (Hendrick v. Wexford Health Sources, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hendrick v. Wexford Health Sources, Inc., 141 F. Supp. 3d 393, 2015 U.S. Dist. LEXIS 132472, 2015 WL 5766320 (D. Md. 2015).

Opinion

MEMORANDUM OPINION

THEODORE D. CHUANG, United States District Judge

Plaintiff Larnell Hendrick has been diagnosed with papilledema and pseudotu-mor cerebri and is currently incarcerated at North Branch Correctional Institution (“NBCI”) in Cumberland, Maryland. He has filed suit under 42 U.S.C. § 1983 (2012), alleging that Defendants Wexford Health Sources, Inc. (‘Wexford’’); Bill Beeman, the Medical Director at NBCI; and Ava Joubert, M.D. (collectively, the “Medical Defendants”) and Frank B. Bishop, Warden-of NBCI (“Warden Bishop); Lt. Thomas Sawyers; Sgt. Gregory For-ney; CO II Nicholas Soltas; and CO II Chris Anderson (collectively, the “State Defendants”), violated his rights under the Eighth Amendment to the United States Constitution by reassigning .him from a single cell to a double cell in contravention of his medical needs, and in retaliation for filing administrative grievances against correctional officers and for refusing the recommended treatment for his medical condition. Presently pending is the Medical Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment.1 The Motion is fully briefed and ripe for disposition. No hearing is necessary to resolve the issues. See Local [396]*396Rule 105.6 (D.Md.2014). For the reasons that follow, the Motion is GRANTED.

BACKGROUND

The following facts are presented in the light most favorable to Hendrick, the non-moving party:

I. Diagnósis and Early Treatment

Hendrick is incarcerated at NBCI in Cumberland, Maryland. On September 9.2009, Hendrick was diagnosed with papil-ledema, which causes him to suffer from temporary vision loss. Hendrick’s treating physician, Murtaza Amir, M.D., recommended that Hendrick receive a lumbar puncture, also known as a spinal tap, to relieve the pressure inside Hendrick’s skull. Dr. Amir also recommended that Hendrick begin taking Diamox to treat his symptoms. On January 21, 2010, a lumbar puncture on Hendrick révealed an elevated intracranial pressure of 38. On May 5, 2010, following the lumbar puncture, Dr. Amir diagnosed Hendrick with pseudotu-mor cerebri. Although pseudotumor cere-bri causes increased pressure in the skull and typically manifests itself with head-achés, Hendrick denied having any headaches. Hendrick, however, continued to complain of vision loss, and Dr. Amir recommended that Hendrick continue to take Diamox.

On July 26, 2010, during a follow-up visit with-Dr. Amir, Hendrick staled that, despite taking an increased dosage, his symptoms were not improving with Dia-mox. Dr. Amir recommended that Hen-drick try another medication, Lasix, and that Hendrick have a ventricular peritoneal (“VP”) shunt placed in his.brain to relieve the intracranial pressure.. Hern drick declined to switch medications but said that he would consider the VP shunt.

II. Placement in a Single Cell

On February 16, 2011, Dr. Evan Lewis, a neurological physician from the University of Maryland Medical Center, evaluated Hendrick. In addition to vision loss, Hen-drick complained to Dr. Lewis about headaches and blurry vision. Dr. Lewis recommended that Hendrick undergo another lumbar puncture, increase his dosage of Diamox, and consider having a VP shunt implanted. Fearing that surgery would be fatal, Hendrick declined VP shunt placement. He also declined to receive another lumbar puncture. He asked Dr. Lewis, however, whether he could be placed in a single cell at NBCI. Following the evaluation, Dr. Lewis -wrote Hendrick a prescription containing only the statement, “Recommend Individual Housing of Prisoner.” Defs.’ Mem. in Supp. of Defs.’ Mot. Dismiss or, in the Alt., Mot. Summ. J. (“Defs.’ Mem.”) Ex. 1, at 49, ECF No. 27-4.

On February 25, 2011, Hendrick requested a single cell from NBCI medical providers. Upon learning of Dr. Lewis’ recommendation, NBCI medical providers granted Hendrick single cell status for one year. On November 27, 2011, Hendrick’s single cell status was renewed for a second year.

On July 31, 2012, Dr. Amir again evaluated Hendrick and found that his intracra-nial pressure'was 23.5. Hendrick reported that he suffered from dizziness and vertigo, and that he sometimes had trouble maintaining his balance. Dr. Amir discussed increasing Hendrick’s Diamox dosage and again suggested that Hendrick undergo surgery. Hendrick declined to increase his dosage or to have surgery. On November 21, 2012, Hendrick was approved for a third one-year period of single cell status, which was set to expire on November 2l, 2013.

III.Renewal of Single Cell and Administrative Grievances

Hendrick alleges that on June 29, 2013, he was assaulted by three NBCI corree-[397]*397tional officers during, a search of his cell. On July 9, 2013, he filed an'Administrative Remedy Procedure (“ARP”) grievance against the officers. The grievance, however, was dismissed the following day because the Internal Investigative Unit (“IIU”) of the Maryland Department of Public Safety & Correctional Services was investigating the incident. No further, action could be taken on the ARP grievance until the IIU completed its investigation.

On January 29, 2014, Hendrick saw Kristi Cortez, R.N., at NBCI and requested that his single cell status be reinstated.2 Cortez referred the request to another medical care provider. The following day, Quinta- Lam, P.A., referred the request to Colin Ottey, M.D., who approved it. On February 4, 2014, Hendrick was granted single cell status :for a fourth year, which was scheduled to expire on February 4, 2015.

On April 28, 2014, Hendrick refiled his grievance against the three officers for the alleged assault. On May 2, 2014, the grievance was dismissed because the IIU was still investigating the incident. On May 23, 2014, Hendrick appealed the dismissal to the Commissioner of Correction. On June 10, 2014, the Commissioner dismissed the appeal on the grounds that the matter was still under investigation by the IIU and that no action further would be taken. On July 28, 2014, following the dismissal of his appeal, Hendrick filed suit against the officers in federal court. See Hendrick v. Gordon, No. DKC-14-2398 (D. Md. filed July 28, 2014). That action is still pending before another judge in this District. See id.

IV. Hendrick’s Return to a Double Cell

According to Hendrick, on July 16, 2014, he was summoned .to meet with Medical Director Beeman, Dr. Joubert, and Lt. Sawyers. Unlike for some of his previous medical evaluations, Hendrick had not requested a visit with medical personnel. While Dr. Joubert took his vital signs, Beeman and Lt. Sawyers asked if he would be willing to “sign[] off’ on his grievance relating to the alleged physical assault in exchange for maintaining his single cell status. See Pl.’s Mem. Law in Support of PL’s Opp’n to Defs.’ ,Mot. Dismiss or, in the Alt., Mot. Summ. J. (“PL’s Opp’n”) 9-10, ECF No. 29-1.3 Hendrick refused this offer and said he would continue to pursue his grievance. He then was directed to a room across the hall, where he met Beeman, Lt. Sawyers, and •Dr.' Joubert, as well as others. Beeman then offered to maintain Hendrick’s single cell status if he would agree to have surgery to implant the VP shunt. Hendrick declined.

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Bluebook (online)
141 F. Supp. 3d 393, 2015 U.S. Dist. LEXIS 132472, 2015 WL 5766320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendrick-v-wexford-health-sources-inc-mdd-2015.