Opinion

Allen v. Galipeau

Court
District Court, N.D. Indiana
Filed
Apr 29, 2024
Cited by
0 cases
Authority
More cited than 21.5%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

ROBERT E. ALLEN, JR.,

Plaintiff,

v. Cause No. 3:23-CV-857-PPS-JEM

SANDRA ALLEN, BRANDON

WALTERS, and CENTERION HEALTH

LLC,

Defendants.

OPINION AND ORDER

Robert E. Allen, Jr., a prisoner without a lawyer, filed a complaint about events

that happened after he was attacked by other inmates at Westville Correctional Facility

in January 2023 and suffered injuries that required surgery. [DE 2.] I granted him leave

to proceed against Nurse Allen for being deliberately indifferent to his hip injury.

[DE 14 at 6.] But because he did not know the identities of the correctional officers who

were also involved, the Warden of Westville Correctional Facility was ordered to

provide information about their identities so that Allen could file an amended

complaint. Id.

The Warden satisfied his obligation. [DE 23.] And Allen has filed an amended

complaint, naming the previously unknown defendants. [DE 24.] I must now screen

that amended complaint as required by 28 U.S.C. § 1915A, to determine if the action is

frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks

monetary relief against a defendant who is immune from such relief. “A document filed

pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded,

must be held to less stringent standards than formal pleadings drafted by lawyers.”

Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and citations omitted).

Allen alleges that on January 11, 2023, he was assaulted by multiple inmates on

P-2 South Hallway between 6:00 and 7:30 p.m. [DE 24 at 2.] He “hobbled” to the

officer’s station, trying to get Officer Deray Collins to help him. He reported that he had

been assaulted and asked Officer Collins to call a signal because he thought that he

broke his leg. Officer Collins called a signal, and Sergeant Brandon Walters responded.

At this point, Allen was on the floor by the officer’s station. He told Sergeant

Walters what had happened and explained that his upper leg was hurting, and he had

felt a snap. He reported that he was sure something was broken and asked for them to

get him medical attention. Walters continued to badger him as a nurse approached.

Walters sent the nurse away and told Allen he had to crawl to the stairwell and go

down the stairs where there was a wheelchair or he would leave Allen there, where he

would be at the mercy of the other inmates. Allen begged for assistance but was denied

help.

Allen reports that he crawled, very painfully, to the stairwell. Once he got there,

another officer helped drag him down the stairs to where the wheelchair was located.

Once he got there, he was taken to urgent care, where Nurse Allen told the officers to

put him up on the table. She gave him Naproxen for the pain and said that was all she

could do. She noted that one leg was clearly longer than the other. Allen told her that he

felt a snap when he was injured and asked for an x-ray. She told him that there were no

x-ray techs there at the time and he had to wait until one came the next day. He insisted

that his leg was broken and asked to go to the hospital. She repeated that he had to

wait.

Allen spent the night in the infirmary. When it came time to get x-rayed he was

told he had to get back in the wheelchair, despite the pain that he was in. At this point,

his leg was swollen and he was in extreme pain. Another inmate helped him into the

wheelchair, but when he got to x-ray, the x-ray tech told him to get up on the four-foot-

high table by himself. He explains that every move is an “excruciatingly painful

process.” [DE 24 at 3.] So, instead, an inmate held him up against a wall for the x-ray.

The pain almost made him pass out.

Under the Eighth Amendment, inmates are entitled to adequate medical

care. Estelle v. Gamble, 429 U.S. 97, 104 (1976). To establish liability, a prisoner must

satisfy both an objective and subjective component by showing: (1) his medical need

was objectively serious; and (2) the defendant acted with deliberate indifference to that

medical need. Farmer v. Brennan, 511 U.S. 825, 834 (1994). A medical need is “serious” if

it is one that a physician has diagnosed as mandating treatment, or one that is so

obvious that even a lay person would easily recognize the necessity for a doctor’s

attention. Greeno v. Daley, 414 F.3d 645, 653 (7th Cir. 2005). Deliberate indifference

means that the defendant “acted in an intentional or criminally reckless manner, i.e., the

defendant must have known that the plaintiff was at serious risk of being harmed and

decided not to do anything to prevent that harm from occurring even though he could

have easily done so.” Board v. Farnham, 394 F.3d 469, 478 (7th Cir. 2005). Based on the

initial complaint, I concluded that Allen plausibly alleged that the Dorm Officer and the

Sergeant at the scene were deliberately indifferent to his serious medical needs by

making him go down two flights of stairs on his own power despite his leg injury. But

upon reading the allegations in the amended complaint, I conclude that Officer Collins

acted reasonably in calling a signal to obtain assistance, but Sergeant Walters bears the

responsibility for making Allen go down two flights of stairs. Therefore, Allen may

proceed against Sergeant Walters, but Officer Collins will be dismissed.

Similarly, Allen may proceed against Nurse Allen, as before, for not calling an

ambulance right away from urgent care or otherwise seeking emergency treatment. For

a medical professional to be held liable for deliberate indifference to an inmate’s

medical needs, he or she must make a decision that represents “such a substantial

departure from accepted professional judgment, practice, or standards, as to

demonstrate that the person responsible actually did not base the decision on such a

judgment.” Jackson v. Kotter, 541 F.3d 688, 697 (7th Cir. 2008). In addition, ignoring an

inmate’s complaints of pain or delaying necessary treatment can amount to deliberate

indifference, particularly where the delay “exacerbates the plaintiff’s condition or

unnecessarily prolongs suffering.” Goodloe v. Sood, 947 F.3d 1026, 1031 (7th Cir. 2020)

(citations and internal quotation marks omitted). The claim against Nurse Allen

remains.

Allen reasserts previously dismissed claims against Warden John Galipeau. He

alleges Warden Galipeau should be held liable because of a “blind eye policy” and

asserts that his own situation is just one of many incidents of deliberate indifference to

medical needs because of unprofessional and untrained staff. [DE 24 at 3.] Warden

Galipeau cannot be held liable simply because he is in charge of the prison; he needs

some kind of personal involvement in the alleged constitutional violation. See Burks v.

Raemisch, 555 F.3d 592, 594 (7th Cir. 2009). If a constitutional violation is widespread, I

could assume at the pleading stage that the warden was aware of the problem and

could have taken action. See Sinn v. Lemmon, 911 F.3d 412, 423 (7th Cir. 2018)

(“Individual defendants . . . who are responsible for setting prison policy, can be held

liable for a constitutional violation if they are aware of a systemic lapse in enforcement

of a policy critical to ensuring inmate safety yet fail to enforce that policy.” (quotation

marks omitted)). But here, Allen provides no examples of other occurrences, besides his

own. One instance is not enough to find a widespread occurrence. Id. Warden Galipeau

will be dismissed.

Finally, Allen reasserts a claim against Centerion Health LLC, arguing that the

company has a policy that until he is x-rayed, he cannot go to the hospital. Because of

this policy, he alleges that he had to remain in pain in the infirmary overnight until an

x-ray tech was available the next day. Centerion is the company that provides medical

care at the prison. A private company performing a public function can be sued

under Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978), but only if the

“unconstitutional acts of their employees . . . were carried out pursuant to an official

custom or policy.” Grieveson v. Anderson, 538 F.3d 763, 771 (7th Cir. 2008) (citations

omitted). The purpose of this requirement is to “distinguish between the isolated

wrongdoing of one or a few rogue employees and other, more widespread practices.”

Howell v. Wexford Health Sources, Inc., 987 F.3d 647, 654 (7th Cir. 2021). To allege a

viable Monell policy claim, the plaintiff must identify an official policy that caused him

injury. Grieveson, 538 F.3d at 771. Alternatively, a plaintiff pursuing an official custom or

practice theory “must allege facts that permit the reasonable inference that the practice

is so widespread so as to constitute a governmental custom.” Gill v. City of Milwaukee,

850 F.3d 335, 344 (7th Cir. 2017). Here, Allen plausibly alleges that a policy of requiring

an x-ray before being sent to the hospital caused him injury. He may proceed against

Centerion Health LLC.

For these reasons, the Court:

(1) GRANTS Robert E. Allen, Jr., leave to proceed against Nurse Allen in her

individual capacity for compensatory and punitive damages for being deliberately

indifferent to his hip injury on or about January 14, 2023, in violation of the Eighth

Amendment;

(2) GRANTS Robert E. Allen, Jr., leave to proceed against Sergeant Brandon

Walters in his individual capacity for compensatory and punitive damages for being

deliberately indifferent to his hip injury on or about January 14, 2023, in violation of the

Eighth Amendment;

(3) GRANTS Robert E. Allen, Jr., leave to proceed against Centerion Health LLC

in its official capacity for compensatory and punitive damages for a policy of requiring

an x-ray before an inmate may go to the hospital, prolonging Allen’s suffering on or

about January 14, 2023, in violation of the Eighth Amendment;

(4) DISMISSES all other claims;

(5)DISMISSES Galipeau and Deray Collins;

(6)DIRECTS the Clerk, under 28 U.S.C. § 1915(d), to request Waiver of Service

from (and if necessary, the United States Marshals Service to use any lawful means to

locate and serve process on) Brandon Walters at the Indiana Department of Correction,

with a copy of this order and the complaint (ECF 24);

(7) DIRECTS the Clerk, under 28 U.S.C. § 1915(d), to request Waiver of Service

from (and if necessary, the United States Marshals Service to use any lawful means to

locate and serve process on) Centerion Health LLC at Centurion Health of Indiana,

LLC, with a copy of this order and the complaint (ECF 24);

(8) ORDERS the Indiana Department of Correction and Centurion Health of

Indiana, LLC, to provide the full name, date of birth, and last known home address of

any defendant who does not waive service if it has such information;

(9) ORDERS, under 42 U.S.C. § 1997e(g)(2), Brandon Walters and Centerion

Health LLC to respond, as provided for in the Federal Rules of Civil Procedure and

N.D. Ind. L.R. 10-1(b), only to the claims for which the plaintiff has been granted leave

to proceed in this screening order; and

(10) REMINDS Sandra Allen that under Fed. R. Civ. P. 15(a)(3) her answer to

the amended complaint is due within 14 days.

SO ORDERED on April 29, 2024.

/s/ Philip P. Simon

PHILIP P. SIMON, JUDGE

UNITED STATES DISTRICT COURT

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.