IN THE UNITED STATES DISTRICT CB~tJUL 11 FOR THE DISTRICT OF OREGON

Transcription

1 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 1 of 10 Page ID#: 12 IN THE UNITED STATES DISTRICT CB~tJUL 11 FOR THE DISTRICT OF OREGON Monte Brad Callaway ) Civil Case Y.,' Te ) Plaintiff, ) CIVIL RIGHTS COMPLAINT ) v. ) ) 1. Steve shelton ) 2. Grant VanHouten ) 3. Mike Perini ) 4. Christopher Deguilio ) 5. Linda Gruenwald ) 6. Heidi Miller ) 7. Joeseph Diehl ) 8. G. Shook ) 9. Rick Coursey ) unnan1ed persons ) RESPONDANTS ) I Plaintiffhas not brought any other action or appeal in a court ofthe United States while a prisoner. A. Plaintiffis incarcerated at the Eastern Oregon Correctional Facility in Pendleton, Oregon. B. Plaintiffhas filed a grievence concerning the facts related to this complaint and the grievenve process has been completed. II 1

2 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 2 of 10 Page ID#: 13 A. Plaintiff is incarcerated at the Eastern Oregon Correction Facility in Pendleton, Oregon. B. Plaintiff has filed a grievence concerning the facts related to this complaint and the grievence process has been completed. III PARTIES A. Plaintiff-Monte Brad Callaway, S.S.# address:2500 Westgate Pendleton, Oregon sj.d.# B. Defendants-Steve Shelton,medical director, Oregon Dept. of Corrections (O.D.O.C)., Eastern Oregon Correctional Institution (E.O.C.l.), Grant VanHouten MD, O.D.O.C., Pendleton Oregon, MikePuerini MD, O.D.O.C.,Oregon State Correctional Institution (O.S.C.L), Salem Oregon, Christopher Deguilio MD, O.D.O.C., Salem Oregon, Linda Gruenwald, nurse practioner (N.P.), O.D.O.C., Salem Oregon, Heidi Miller, N.P., EOCI, Joseph Diehl, Chief Medical Officer EOCI, G.Shook, Dental Director, ODOC, Salem Oregon, Rick Coursey, prison superintendant, EOCI, Pendleton, O.D.O.C., 26 unnamed persons, O.D.O.C.. From herein, defendants will be re,ferred to as the T.L.O.C. (theraputic level of care). The defendants were acting in their official capacity and working under the color ofthe state law. 2

3 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 3 of 10 Page ID#: 14 IV CLAIM ONE Plaintiffs right to be free and protected against cruel and unusual punishment, as proscribed by the U.S. Constitution Eighth Amendment, was violated by the defendants' deliberate indifference to the plaintiffs medical needs and requests. FACTS Sin~e Decen1ber of 2008, I have been trying to get the O.D.O.C. to provide reconstructive surgery to my mouth and gumlines, so I can be fitted with dentures. I sustained a gunshot wound in February of2008 and was receiving reconstructive surgeries which were interrupted at the Coos county jail prior to sentencing which caused my curant disability. All costs being paid by a private insurance policy, (which is no longer in effect), and Oregon Health Plan (ORP). During the period of2008 to present day, I was seen here at E.O.C.l. medical dept. on multiple occasions concerning my problems with digestion, hemerriods, backpain, mental and emotional trauma, and continued atrophy around my n10uth and facial area; which all listed problems are due to my need for dentures which requires the 3

4 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 4 of 10 Page ID#: 15 continuance ofthe reconstructive process. The only remedies offered were 15 minutes extra time to eat and a soft diet. My primary care physician, VanHauten, defendant #2, failed to do anything after reviewing my medical records from the hospital where I was formerly receiving treatment, and was aware of my problems, but den10nstrated his lack ofknowledge by having me interpret the doctor's notes from the hospital regarding the proceedures involved, for the period of 2008 to present day. Dr. VanHauten referred and represented my case to the TLOC for approval ofthe reconstructive surgery and dentures. The TLOC had a meeting on At that meeting, the TLOC denied my request for reconstructive surgery and dentures reasoning that my needs were cosmetic, and thereby I was denied treatment. The TLOC was aware ofthe medical problems mentioned above and my extraordinary conditions, but were deliberately indifferent to my medical problems by only prescribing a soft diet and an extra 15 minutes to eat, for the entire duration ofmy sentence and until my release in This was the second attempt to get the remedy for my medical needs. The first was at OSCI in Salem in June of In the alternative Dr. VanHauten, not being an oral specialist nor familiar with the ears, nose, and throat, specialty field, failed to properly present the collateral problems or my extraordinary condition caused by my need for reconstruction and dentures. All medical personell having full access to the 4

5 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 5 of 10 Page ID#: 16 medical records and doctors where the reconstruction was begun and later interrupted in 2008 including the x-rays which show the absense of a lower gumline and sections of bone missing on the upper gumline, making it physically impossible to chew, because the two cannot con1e together at any point, and having knowledge that the gumline (if present) doesn't toughen up, but only gets more irritated by continued use without proper dental attention. Prison superintendant Rick Coursey was made aware of my circun1stances in a personal interview in Februrary of 2010, in which he was told and could see for himself, my condition and inability to eat properly. He was also informed ofthe surgeries being interrupted at the county, along with the TLOC denials. His assurance to look into the matter resulted in immediate disregard until I contacted him again. His response, 6 months later, was a denial of any control ofthe subject addressed at our meeting. His intentional false empathy, and support of the TLOC decision by inaction, causing wanton infliction ofpain in the form ofmental anguish and dispair due to his diliberate indifference and knowing dismissal ofmy plea for help and relief. V CLAIM TWO Plaintiffs right to equal protection according to Federal Law, as guaranteed by the U.S. Constitution Fourteenth Amendment, were violated when the TLOC 5

6 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 6 of 10 Page ID#: 17 failed to recognize Plaintiff,s injuries as a disability, and had given reconstructruction treatment to other inmates, who reflected Plaintiffs medical circumstances. All defendants acted in collusion to deny Plaintiff access to the advanced technology available because of the expenses involved, which is guaranteed to every human being as stated in the Universal Declaration of Human Rights by the United Nations. Plaintiff also alleges that the defendants have ignored plaintiff s serious medical need in order to comply with budget constraints and have caused his medical needs to be disregarded. Allowing unqualified assistants, nurses, nurse practitioners, medical service managers (also nurses), and general doctors, to participate in the TLOC decision making process, following the policies designed in stages of medical denial and discouragement, effectively conditioning them to violate the rights guaranteed by state and federal constitutions, as an accepted custom. Boasting ofproviding high quality health care for inmates, in reality measured by dollars spent, including legal fees, in attempts to avoid their responsibility. Repeatedly requiring court action for the most dire cases to receive proper care that can't be remedied by a "quick fix" or administrations of unqualified and inadequate personell, contrary to their "Hypocratic Oath", to do everything within their knowledge and abilities to provide the best medical care possible. 6

7 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 7 of 10 Page ID#: 18 FACTS After complaining to the medical staff at EOCI for a period of more than two years, from 2008 to present, about my problems with eating, breathing, and communicating, due to the injury to my mouth and continued atrophy, Dr. VanHauten referred my case to the TLOC for approval to provide reconstructive surgery as well as dentures. The TLOC denied my request for treatment and failed to recognize my injuries and disabilities as provided for, in the American's With Disabilities Act (ADA 1990). The TLOC refused to provide me the adequate medical care according to the policy which states the standards to be equal to care available in the community, outside the ODOC. The grievence process being delayed and responses constructed to avoid the medical responsibility they have been aware of from the time of acceptance into ODOC custody on The TLOC meeting was held on

8 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 8 of 10 Page ID#: 19 NOW COMES Monte Brad Callaway and prays the court will grant the following relief or what the court will grant so the ends ofjustice will be served. Steve Shelton ( official andlor individual capacity Grant VanHauten ( official andlor individual capacity Mike Puerini ( official andlor individual capacity Christopher Degiulio ( official andlor individual capacity Linda Gruenwald ( official andlor individual capacity Heidi Miller ( official andlor individual capacity Joseph Diehl ( official andlor individual capacity G.Shook ( official andlor individual capacity Rich Coursey ( official andlor individual capacity 26 unnamed persons ( official andlor individual capacity INJUNCTIVE RELIEF ordering said defendants to recommend and provide the necessary treatment andlor reconstructive surgery by qualified personell so Plaintiff may be provided with dentures. And to restrain from retaliatory punishment as a result of the outcome in any way, or the continued and future restraint in these cruel and unusual punishment conditions, and further wanton infliction ofpain. 8

9 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 9 of 10 Page ID#: 20 NOMINAL DAMAGES of the maximum allowable by law. And punitive damages in both capacities for each defendant in the amount of no less than half of the limit allowed by lawincluding any others who might make or uphold policies which would encourage and continue this type of abuse of trust, position, and power. COMPENSATORY DAMAGES of the maximum allowed by law including, but not limited to, all costs incurred, all attorney fees, of all expensed, and the recovery of all expenses past, present, and future against each defendant for mental and emotional distress, psychological injury resulting from humiliation, mental and emotional anguish, despair and added stress, caused by the defendants complete and intentional delay, disregard, and failure to provide proper and adequate medical care needed by the Plaintiff. Please forward all correspondances to the undersigned stated below. Dated this day of EOCI B127B Monte Brad Callaway 2500 Westgate Pendleton, Oregon Future pleadings and motions shall be identified as Monte Callaway v. Steve Shelton, etal. 9

10 Case 2:11-cv TC Document 2 Filed 07/22/11 Page 10 of 10 Page ID#: 21 CERTIFICATION OF SERVICE I Monte B. Callaway attest that I placed a copy ofthis motion to the Defendants in the U.S. Mail on "Tuly U2) Dated '2 -:)..0 '-~ll ~b "~ Attorney for Defendants Sid # EOCI B127B 2500 westgate Pendleton, Oregon

11 Case 2:11-cv TC Document 2-1 Filed 07/22/11 Page 1 of 1 Page ID#: 22