Jones v. Ehlert

704 F. Supp. 885, 1989 U.S. Dist. LEXIS 1093, 1989 WL 6650
CourtDistrict Court, E.D. Wisconsin
DecidedJanuary 31, 1989
DocketNo. 88-C-103
StatusPublished
Cited by1 cases

This text of 704 F. Supp. 885 (Jones v. Ehlert) 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
Jones v. Ehlert, 704 F. Supp. 885, 1989 U.S. Dist. LEXIS 1093, 1989 WL 6650 (E.D. Wis. 1989).

Opinion

DECISION AND ORDER

CURRAN, District Judge.

Ricky Jones, a prisoner in state custody, has commenced the above-captioned action pursuant to 42 U.S.C. § 1983, claiming that the defendants, Nurse Jean Ehlert, Nurse Margaret Hau, Dr. Ricardo Alvarez1 and the Wisconsin Department of Health and Social Services2 violated his right to be free from cruel and unusual punishment as guaranteed by the Eighth Amendment to [886]*886the United States Constitution. In his amended complaint Jones sets forth the following statement of his claims:

Now comes the Plaintiff Ricky Jones Pro Se alledging [sic] that Nurse Ehlert, an employee of the department of health and social services, acting under color of state law, daprived [sic] him of his civil rights and in support offers the following set of facts:
1. Plaintiff was placed in a tempery [sic] lockup statues [sic] on 1-13-88 for alledgingingly [sic] missusing [sic] his perscription [sic] medication.
2. That plaintiff pleaded innocenent, [sic] asked for and received a due process hearing on 1-21-88.
3. The defendant arbitrarly [sic] denied the plaintiff his medication from 1-13-88 thru 1-21-88 even though he had not been found guilty of an offence [sic].
4. When petitioner asked nurse why he could not have his medication he was told by the nurse “we don’t like to give inmates that kind of medication, it’s habit forming”.
5. the doctor that prescribed medisene [sic] to plaintiff is a doctor lienced [sic] to practise [sic] medicine in Wisconsin in there employ and would not off [sic] prescribed medicine to plaintiff if he didn't need it; and nurse elhert to ca-priciosly [sic] take away medicine and leave him cold turkey without any regard to his well being or phyical [sic] withdrawal from Valium would fall under cruel and unsual [sic] punishment.
6. The division of corrections and the health services unit are two seperate [sic] entities, Nurse Elherts orders to discontinue medicine from inmate were issued even though she should of known this would make the inmate susseptadle [sic] to seisures [sic] and extreme emotional destress [sic].
7. Plaintiff has been released from segregation and has not been continued on his medication or seen a doctor despite numorus [sic] request.
8. Margaret Hau, Nurse told Jones that Gean Ehlert had discontinued his medi-cin [sic] and when she learned that Jones had filed a civil rights complaint, she exceeded her athority [sic] and breached doctor-client relationship and had Jones punished.
9. Richard Franklin,3 superintendant of institution denied Jones relief from conduct report after he had been told that it was arbitrarly [sic] in plaintiff appeal.
10. Dr. Alverez allegdelly [sic] issued the order that was the proximate cause of Jones's medications being discontinued.

Amended Complaint at 11IV. Jones is seeking an injunction ordering the defendants to “follow doctors’ orders in the health care of the plaintiff”; money damages in the amount of one thousand dollars per day for the days during which he alleges he was denied medication; punitive damages of ten times that amount; a bench trial; and any other relief the court deems in the interest of justice. See Id. at 11V.

I.FACTS

The defendants have pointed to pleadings, affidavits and discovery responses which establish the following facts:

1. The defendant at all times relevant to this matter was incarcerated at Kettle Moraine Correctional Institution (KMCI), Plymouth, Wisconsin (complaint, para. Ill, A and B; answer, para. 3).
2. The defendant, Jean Ehlert, at all times relevant to this matter was employed as the nursing supervisor of the Health Services Unit (HSU) at KMCI (complaint, para III C; answer, para. 3).
3. On January 11, 1988, plaintiff was seen in the HSU by Dr. Ricardo Alvarez; plaintiff complained to Alvarez of stress and anxiety as well as headaches (affidavit of Dr. Ricardo Alvarez, para 4).
[887]*8874. Plaintiff asked for medication for his stress (Alvarez affidavit, para. 5).
5. Dr. Alvarez prescribed Valium for plaintiff when plaintiff agreed to see Dr. George Arndt, a psychiatrist, the next day (Alvarez affidavit, para. 6).
6. On January 12, 1988, plaintiff was seen in the HSU by Dr. Arndt who renewed plaintiffs Valium for twenty-eight days with instructions to plaintiff to gradually reduce the dosage himself (affidavit of Dr. George Arndt, paras. 4, 5, 6).
7. Plaintiff took 5 mg. of Valium on January 11, 1988 and 5 mg. on January 12, 1988 (Alvarez affidavit, para. 8).
8. On January 13, 1988, at 5:10 p.m., plaintiff asked Sgt. To Nhan for his Valium (affidavit of To Nhan, para. 3).
9. Nhan handed plaintiff the Valium tablet and instructed plaintiff to take the Valium in Nhan’s presence (Nhan affidavit, para. 4).
10. Nhan believed that plaintiff palmed the Valium instead of swallowing it (Nhan affidavit, para. 5).
11. Nhan ordered plaintiff into the office to be pat searched; in the course of the search Nhan found the Valium tablet hidden between two of plaintiffs fingers (Nhan affidavit, para. 6).
12. Nhan wrote conduct report 267205 accusing plaintiff of violating Wis.Admin.Code HSS 303.27 (lying), 303.-36 (misuse of state or federal property), 303.24 (disobeying orders) and 303.57 (misuse of prescription medication); the charges of misuse of state or federal property and disobeying orders were dropped prior to hearing; plaintiff appeared before an adjustment committee on the other charges on January 19,1988 (Nhan affidavit, para. 7).
13. Plaintiff was placed in temporary lockup on January 13, 1988 (complaint, para. VI 1; answer, para. 4).
14. Dr. Alvarez’ standing order for the HSU staff regarding medication abuse states: “Confirmed abuse of prescription medication by an inmate, i.e., palming, supplying to another inmate, etc., will result in that medication being discontinued. Further medical evaluation will be required if inmate requests.” (Alvarez affidavit, para. 7; Exhibit 101).
15. Plaintiffs Valium was discontinued on January 13, 1988, as a result of the palming incident on that date (Alvarez affidavit, para. 9).
16. Plaintiff did not take the Valium long enough or in a large enough dosage to suffer any withdrawal symptoms following discontinuation of the Valium on January 13,1988 (Alvarez affidavit, para. 10).
17. Neither Alvarez nor Arndt prescribed the Valium for plaintiff as treatment for a life threatening medical problem nor did discontinuation of the Valium cause life threatening health problems for plaintiff (Arndt affidavit, para. 7; Alvarez affidavit, para. 11).

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Related

Jones (Ricky) v. Ehlert (Jean)
899 F.2d 17 (Seventh Circuit, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
704 F. Supp. 885, 1989 U.S. Dist. LEXIS 1093, 1989 WL 6650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-ehlert-wied-1989.