Opinion

Bramlett v. Wellpath LLC

Court
District Court, W.D. Arkansas
Filed
Jul 29, 2020
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

HOT SPRINGS DIVISION

JASON WILLARD BRAMLETT PLAINTIFF

v. Civil No. 6:19-CV-06070

WELLPATH LLC, et. al. DEFENDANTS

ORDER

This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. § 1983. Plaintiff

proceeds pro se and in forma pauperis. Currently before the Court is Plaintiff’s Motion to Compel.

(ECF No. 39).

Plaintiff’s Complaint alleges he is being denied prescribed medical care, medications,

treatments, disability-assist devices, and hygienic necessities for his conditions, including multiple

sclerosis (“MS”). (ECF No. 1). Plaintiff filed his Motion to Compel on June 29, 2020. (ECF No.

39). Plaintiff identifies several items requested in discovery, but not provided by Defendants due

to discovery objections. Plaintiff alleges he has conferred with Defendants in an attempt to resolve

the dispute. (Id. at 1). Plaintiff asks the Court to compel Defendants to produce the following:

1. Any ADC health policy which may have, or did, influence or cause to exist

treatment decisions as applied to Plaintiff, beyond those already disclosed. (As

sought in Production Request #2)

2. Any corporate policies which had any impact upon treatment decisions

concerning the Plaintiff, especially those concerned with the cost thereof. (As

sought by Request #4)

3. Plaintiff’s COMPLETE medical record, regarding ALL facets thereof. (As

sought by Request #4)

4. All other documents concerning the Plaintiff’s healthcare, or pertaining to

grievances, concerned thereof composed by or received by any Wellpath employee

in any form. (As sought by Request # 5 and #6)1

5. A list of lawsuits filed by incarcerated persons naming CCS, Wellpath, Dr.

Stieve or Dr. Daniel that has gone to trial, been settled or still proceeding (if not

frivolous, i.e. surviving initial review and Motion to dismiss) from March 1st 2017

until the present (As requested in Request #8).

6. Any citations, reprimands, notices or other actions taken by State licensure

boards, agencies or other public entities against Wellpath (CCS), Dr. Stieve or Dr.

Daniel, as well as any other corrective action and whether completed or ongoing in

the prior 5 years.

(Id. at 1-2).

Defendants filed their Response to the motion on July 15, 2020, and stand by the objections

provided to Plaintiff. (ECF No. 47). Regarding Plaintiff’s policy requests, they state that medical

treatment decisions are based on medical judgment, not policies. (Id. at 1). Regarding Plaintiff’s

request for his medical records, they state that ADC security policy prohibits inmates from having

possession of their medical records. Instead, inmates are free to review their records upon request,

and Defendants have contacted the Health Services Administrator, informed the administrator of

this case, and asked that Plaintiff be given liberal and frequent reviews of his medical records. (Id.

at 1-2, 47-1). They further state that Plaintiff has not contacted Defendants’ counsel regarding any

problems with access to his medical records. (Id. at 2).

Defendants have “no response” to the request for grievances and other documents, other

than to state that Plaintiff has been provided copies of all grievance documents. (Id. at 2-3).

Regarding Plaintiff’s request for a list of lawsuits, Defendants state that this document does not

exist, would need to be created, and would require hundreds of hours to create. Further, the

1 In his discovery documents, Plaintiff asks for email or other messages sent inside EOMIS from or to Dr. Stieve and

Dr. Daniel concerning Plaintiff’s medical care, including communications with ADC personnel regarding

grievances.

Defendants’ litigation history has no bearing on whether Defendants were deliberately indifferent

to Plaintiff’s medical care. (Id. at 3). Regarding Plaintiff’s request for citations or other

disciplinary documents, Defendant state that, assuming these documents from “various and

unidentified entities” would not be privileged and protected by quality control management, the

request has no bearing on Plaintiff’s medical care for his MS. (Id. at 3).

“Parties may obtain discovery regarding any nonprivileged matter that is relevant to any

party’s claim or defense . . .” Fed. R. Civ. P. 26(b)(1). Courts construe that grant “broadly to

encompass any matter that bears on, or that reasonably could lead to other matter that could bear

on, any issue that is or may be in the case.” Oppenheimer Funds, Inc. v. Sanders, 437 U.S. 340,

352 (1978). While the scope of relevant discovery is broad, however, “this often intoned legal

tenet should not be misapplied so as to allow fishing expeditions in discovery.” Hofer v. Mack

Trucks, Inc., 981 F.2d 377, 380 (8th Cir. 1992).

Defendants’ objections to Plaintiff’s requests are appropriate. ADC policy 800.00,

provided to both Plaintiff and the Court, clearly states that inmates may not possess copies of their

medical records. Plaintiff is encouraged to take advantage of the more liberal viewing

opportunities provided to him for this case.

Plaintiff asks for all communications to and from his physicians, including any

communication with ADC personnel regarding grievances. Defendants have given Plaintiff all

grievance documents. In their discovery response to this question, they also state that they are not

aware of any email or other messages send inside EOMIS concerning Plaintiff’s medical care.

(ECF No. 39-2 at 6). Plaintiff was further informed that Defendants Daniel and Stieve do not

recall communicating by text or email about his case, and Defendant Daniel did not see anything

related to Plaintiff upon a brief review of his communications with Defendant Stieve. (ECF No.

39-2 at 1). Rule 34 provides for the production documents and things within “the responding

party’s possession, custody or control.” Fed. R. Civ. P. 34 (a)(1). Defendants cannot produce

what does not exist.

Plaintiff alleges that the cost of his MS treatment was a factor in the decision to stop the

treatment. To the extent his requests for ADC and corporate policies could be relevant to his

claims, as propounded they are overbroad, not proportional to the case, and not narrowly tailored

to address the issues in his case as required by the Fed. R. Civ. P. 26(b)(1). See e.g. Sabata v.

Nebraska Dept. of Correctional Services, 4:17CV3107, 2020 WL 2201873, at *2 (D. Neb. May 1,

2020), objections overruled, 4:17-CV-3107, 2020 WL 3047479 (D. Neb. June 8, 2020) (inmates’

emergency request for the prison’s COVID-19 policy not relevant to their underlying claim for

constitutionally deficient health care).

Plaintiff’s requests for disciplinary documents from unidentified agencies or entities and a

litigation list are clearly a fishing expedition. As propounded, they do not appear “to encompass

any matter that bears on, or that reasonably could lead to other matter that could bear on, any issue

that is or may be in the case.” Oppenheimer Fund, Inc., 437 U.S. at 351. Further, documents

created by counsel in anticipation of litigation are generally not discoverable pursuant to 26(b)(3).

IT IS SO ORDERED this 29th day of July 2020.

/s/

HON. MARK E. FORD

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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