Howard v. Bartow

131 F. Supp. 3d 789, 2015 U.S. Dist. LEXIS 125101, 2015 WL 5530181
CourtDistrict Court, E.D. Wisconsin
DecidedSeptember 18, 2015
DocketCase No. 14-cv-237-pp
StatusPublished
Cited by1 cases

This text of 131 F. Supp. 3d 789 (Howard v. Bartow) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard v. Bartow, 131 F. Supp. 3d 789, 2015 U.S. Dist. LEXIS 125101, 2015 WL 5530181 (E.D. Wis. 2015).

Opinion

DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DKT. NO. 39), DENYING PLAINTIFFS’ MOTIONS FOR SUMMARY JUDGMENT (DKT. NOS. 35, 49), GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR DECISION/JUDGMENT (DKT. NO. 52); DENYING PLAINTIFFS’ MOTION TO APPOINT COUNSEL (DKT. NO. 55), AND DENYING PLAINTIFFS’ MOTION FOR JUDGMENT (DKT. NO. 62)

PAMELA PEPPER, District Judge.

The pro se plaintiffs, Derrick Howard and Christopher Allen Frost, áre Wisconsin state prisoners. They filed this case under 42 U.S.C. § 1983. United. States District Judge Lynn Adelman (the judge assigned to the case at the time the plaintiffs filed their complaint) screened the complaint pursuant to 28 U.S.C. § 1915A, and determined that the plaintiffs’ allegations that the defendants denied them medically necessary athletic shoes for their chronic foot pain stated an Eighth Amendment medical care claim. Dkt. No. 8. On December 30, 2014, the clerk’s office reassigned the case to this court. The parties have- filed cross-motions for summary judgment.1 For the reasons explained below, the court1 denies the plaintiffs’ summary judgment motions, grants the defendants’-summary judgment ■ motion, denies as moot other motions from the plaintiffs, and dismisses this case.

I. FACTS2

The plaintiffs claim that the defendants denied them medically: necessary athletic shoes- for their chronic -foot pain, in violation- of the Eighth Amendment to the United States Constitution. Dkt. No. 1. The plaintiffs allege that the defendants acted with--deliberate indifference to their serious medical needs by not allowing them to order athletic shoes from the Eastbay Shoe Company, which sells the shoes they need to reduce their foot pain. Id. at 7.

A. Parties

■ The plaintiffs were incarcerated at the Wisconsin Resource Center (WRC) at all times relevant to this case. The “WRC is a specialized mental health facility established as a prison under Wis. Stat. § 46.056. The facility operates as a secure treatment center and is managed by the Wisconsin Department' of Health Services (“DHS”),:Division of Mental Health and Substance Abuse Services.” Dkt. No. 41 at 20.

Defendant -Byran Bartow is WRC’s institution superintendent (director), .Dkt. No. 41 at 2,,and at the time.of the events alleged in the complaint, Dr. Carlos Gaanan was a physician supervisor, id., and Dr. Loyda Loria was a physician, id.- at 2-3.

Defendant Robin Meiklejohn is a psychiatric care supervisor at WRC. Id. at 3. Meiklejohn also has performed the role of mail/property supervisor since July 2013. In this role, her duties include supervising the mail and property, areas, as well as [793]*793inspecting incoming mail- and property to ensure they meet safety and security requirements. Id. at 3-4.

Defendant “Dr. Thomas MichlowsM was employed by DHS as Psychiatrist Management (Institution Medical Director) at WRC.” Id,., at 20. His duties included serving as the responsible physician, organizing and-administering medical staff and medical staff functions, and ensuring quality services were timely delivered.. Id.

Defendant Mary Klemz is WRC’s deputy warden, Dkt. No. 1 at 4, and Brian Bantleon is the security director, id.; Dr. Michele Andrade and Dr. Shekar are psychiatrists at WRC. Id.

B. . Medical treatment at WRC

At WRC, each inmate has a treatment team to assist with his psychiatric and general medical needs. Id. at 21. When an inmate has a concern or request regarding any type of psychiatric, psychological or medical need, he submits a health services request to his attending physician, a psychiatrist. A nurse initially reviews the concern or request to determine if it requires immediate action. If the concern does not require immediate attention, the request is given to the attending psychiatrist for review. The psychiatrist reviews the inmate’s concern and determines whether it would best be handled by psychiatry, a primary care physician, or an outside specialist. Id. If an inmate submits a concern regarding a non-psychiatric matter, such as foot pain, the psychiatrist refers the matter to primary care. The primary care doctor then determines the best course of treatment, including whether the inmate needs any off-site consultation with a different provider. Id. at 22.

C. Derrick Howard’s medical treatment for foot pain.

Plaintiff Howard complained of foot pain prior to his arrival at- WRC in May 2012. Id. at 8. On November 2, 2012, Dr. Loria saw Howard for complaints of persistent foot pain, and upon' evaluation, Dr. Loria ordered a podiatry consult to address his concerns. Dr. Loria noted that Howard complained of chronic foot pain, which was not relieved by different arch supports, physical therapy, or non-steroidal anti-inflammatory drugs, Id.

On December 3, 2012, Howard saw Dr. Corey Wesner, a podiatrist, who indicated that Howard suffered from capsulitis in his right foot. Id. at 8-9. Capsulitis is a condition'in which the area surrounding the joint at'the base of the toe becomes inflamed. Id. at 9. Dr. Wesner recommended, “pt allowed to get quality athletic shoes.” Id. at 8-9, ¶ 43; Gaanan Deck ¶ 9; Loria Deck ¶ 10, Ex. 1001 at 33. On December 3, 2012, someone noted in Howard’s medical file that Howard “can buy own shoes (high arched shoes) bee. of chronic foot pain from approved vendor.” Id. at ¶ 45; Gaanan Decl.1I 'll; Loria Deck If 12, Ex. 1001 at 19; Meiklejohn Deck ¶ 32.

Howard’s medical order for athletic shoes did not have a specific end date, but “orders generally are effective for twelve months or until discontinued or renewed.” Id. at ¶ 46. Thus, the order would have expired on December 3, 2013,. and any order from an unapproved vendor after that date would have required a new Medical Restrictions/Special Needs form. Id. at ¶ 50.

Howard submitted a health service request dated December 2, 2013, requesting an updated order for shoes. Id. at .¶ 58. A response was provided on December 2, 2013, with a note stating, “per medical MD — no special permission given anymore. Can order-shoes — following security guidelines from outside company.” Id. at ¶ 59; Loria Deck ¶ 18, Ex. 1001 at 69.

Howard submitted another health service request dated December 3, 2013, in which he requested to be seen by podiatry [794]*794about updating his order for shoes. Id. at ¶ 60. A response was provided on December 3, 2013, and noted, “As you were advise [sic] earlier today — WRC • no longer accepts orders for shoes outside of unapproved vendors. You may order shoes from catalog that is approved by security.” Id. at ¶ 61; Loria Decl. ¶ 20, Ex. 1001 at 70.

Dr. Loria saw Howard on December 16, 2013, when he again complained of foot pain. Dr.

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Bluebook (online)
131 F. Supp. 3d 789, 2015 U.S. Dist. LEXIS 125101, 2015 WL 5530181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-bartow-wied-2015.