Mitchell v. Schauer

CourtDistrict Court, D. Connecticut
DecidedMay 3, 2024
Docket3:23-cv-00896
StatusUnknown

This text of Mitchell v. Schauer (Mitchell v. Schauer) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Schauer, (D. Conn. 2024).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

JAMES MITCHELL, Plaintiff,

v. No. 3:23-cv-896 (JAM)

SARAH SCHAUER et al., Defendants.

INITIAL REVIEW ORDER PURSUANT TO 28 U.S.C § 1915A

Plaintiff James Mitchell is a prisoner in the custody of the Connecticut Department of Correction (“DOC”). He has filed this complaint pro se and in forma pauperis under 42 U.S.C. § 1983, alleging that six DOC employees violated his constitutional rights. As set forth below, I will allow his Eighth Amendment deliberate difference claim against APRN Sarah Schauer to proceed, but I will otherwise dismiss all other claims and defendants from this action. BACKGROUND Mitchell’s claims arise from his medical treatment at MacDougall-Walker Correctional Institution (“MacDougall”) and his subsequent transfer to another prison.1 He has since been transferred to a third facility, Garner Correctional Institution (“Garner”).2 Mitchell’s complaint names six defendants: Rose Walker, Health Services Review Coordinator; Marybeth Moure, laboratory technician; Sarah Schauer, APRN; C.S. Stanley, supervisor of Mitchell’s correctional counselor; David Snyder, Director of Population Management; and Karen Grande, APRN.3 I draw the following facts from the allegations in Mitchell’s complaint, accepting them as true only for the purposes of this ruling.

1 Doc. #17 at 6-12. 2 Doc. #18. 3 Doc. #17 at 1-2. In or around January 2023, Mitchell reviewed his medical records and learned that his cholesterol levels were high.4 His MacDougall healthcare provider, APRN Schauer, had failed to inform him of this development, despite knowing that his mother passed away in 2021 due to heart disease.5 In fact, Schauer had “falsely told [Mitchell] on many occasions that his bloodwork/lab testing showed that everything looked ‘good.’”6

As a result of Schauer’s failure to treat the high cholesterol, Mitchell has experienced “mild symptoms of a heart attack, inconsistent heart beats, blood pressure issues and a low heart rate,” for which he was given medication “to prevent a heart attack.”7 He also met with a cardiologist at UConn Health due to his “complications and possible mild s[y]mptoms of a heart attack.”8 Mitchell did not experience any of these symptoms when his cholesterol levels were normal.9 Schauer also prescribed him unnecessary medication that affected his liver and “failed to correctly and adequately provide treatment to [him] which caused a skin infection to spread.”10 In or around March 2023, Mitchell wrote “requests, complaints and health grievances” to

HSR Coordinator Walker related to Mitchell’s medical concerns.11 But Walker failed to respond to the grievances, and this caused an “interference in [Mitchell’s] medical treatment issues.”12 Walker also “allowed an inmate to process health service grievances to circumvent the grievance system.”13

4 Id. at 8 (¶ 15). 5 Id. at 8 (¶¶ 15-16). 6 Id. at 8 (¶ 16). 7 Id. at 8 (¶ 18). 8 Id. at 9 (¶ 20). 9 Id. at 8 (¶ 19). 10 Id. at 10 (¶¶ 29-30). 11 Id. at 6 (¶ 1). 12 Id. at 6 (¶ 4). 13 Id. at 6 (¶ 5). More generally, Walker has exhibited “a pattern of misconduct by not responding to grievances, not filing grievances adequately, falsely claiming grievances were not received, illegally allowing unauthori[z]ed person[n]el to collect and process grievances and rejecting grievances improperly.”14 Mitchell adds that another defendant, lab tech Moure, has also been

“collecting health service grievances despite being unauthorized to do so,” causing grievances to become “missing and unaccounted for.”15 Also in March of 2023, Mitchell “wrote a request/complaint to [Moure] about [his] medical information that [Moure] was aware of.”16 He requested that a correctional officer and a correctional counselor contact Moure, apparently because Moure “gave instructions for [Mitchell] to write [Moure] in a specific way because [Mitchell’s] other request/complaint was sent the wrong way.”17 Mitchell’s correctional counselor contacted Moure who stated she would speak to Mitchell.18 Shortly thereafter, Mitchell was interviewed by a staff member of the facility’s security division, Stanley, about a claim Moure made.19 Moure reported that Mitchell contacted her

directly, though Mitchell believes this claim was investigated and discredited.20 According to Mitchell, Moure made her claim in order to retaliate against him for filing a complaint, and it was this claim that prompted his transfer to another facility.21 Although Mitchell was never informed that he had violated any DOC rules as a result of Moure’s claim, the facility to which

14 Id. at 7 (¶ 8). 15 Id. at 7 (¶ 9). 16 Id. at 7 (¶ 10). 17 Id. at 7 (¶ 11). 18 Id. at 7 (¶ 12). 19 Id. at 7 (¶ 13). 20 Ibid. 21 Id. at 8 (¶ 14). he was transferred is “designed for inmates who receive[] misconduct reports and for other punishment reasons.”22 Defendant CS Stanley “condoned and assisted” Moure in her retaliation by failing to adequately investigate Moure’s false claim.23 He did not speak to the correctional officer or correctional counselor who were involved.24 As a result of Stanley’s failure, “[Mitchell] was

retaliated against and transferred.”25 Similarly, Director Snyder approved Mitchell’s transfer even though it was based on Moure’s unfounded allegations.26 Mitchell notes that he was transferred to another facility where Moure also works, which demonstrates “lack of oversi[ght], retaliation, abuse of power, and illegal treatment of prisoners.”27 Finally, Mitchell believes that he was transferred “in part for assisting the inmate population at [M]acDougall [C.I.] with preparing legal papers and understanding legal issues as [he] was the library worker [there].”28 On or around May 1, 2023, Mitchell arrived at Corrigan-Radgowski Correctional Center (“Corrigan”), where he informed the medical staff about his treatment, including that he did not

have his heart/cholesterol medication, which he was required to take daily.29 On May 19, after writing requests, complaints, and health grievances, Mitchell was seen by APRN Grande, who then prescribed the medication.30 This delay of nearly twenty days occurred because Grande had

22 Id. at 9 (¶ 24). 23 Id. at 9 (¶ 21). 24 Id. at 9 (¶ 22). 25 Id. at 9 (¶ 23). 26 Id. at 10 (¶ 25). 27 Id. at 10 (¶ 27). 28 Id. at 10 (¶ 28). 29 Id. at 11 (¶¶ 31-32). 30 Id. at 11 (¶¶ 32-35). failed to review Mitchell’s treatment plan.31 Grande also prescribed Mitchell unnecessary blood pressure medication.32 A couple months later, at his July appointment with the cardiologist, he and the doctor discovered that Grande only sent his recent lab work, not his April 2023 lab work “showing inconsistent test results of the plaintiff’s heart issue[]s.”33 According to Mitchell, Grande tried to

“disguise [his] medical issues to the outside doctor” and to claim that he “did not have any issues.”34 The following month, in August, Mitchell informed Grande that the staff at UConn had told him he did not need blood pressure medication.35 Grande “refused to follow the [UC]onn medical center doctor’s orders to place [Mitchell] on a heart monitor for thirty (30) days.”36 Grande also prescribed him the wrong treatment for his skin infection, as well as prostate medication despite no confirmed results indicating he had prostate issues.37 Mitchell brings multiple constitutional claims against each of the above defendants.38 He also makes claims of “false allegations,” “abuse of authority,” and “failure to treat.”39 “The

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Bluebook (online)
Mitchell v. Schauer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-schauer-ctd-2024.