United States District Court, D. Kansas
MEMORANDUM AND ORDER
CROW U.S. Senior District Judge.
a state prisoner appearing pro se and in forma pauperis,
filed this civil rights complaint pursuant to 42 U.S.C.
§ 1983. Mr. Dickerson is an inmate at El Dorado
Correctional Facility in El Dorado, Kansas
(“EDCF”). He alleges that his Eighth Amendment
rights are being violated by Defendants' deliberate
indifference to his medical needs. Mr. Dickerson further
alleges a violation of the Americans with Disabilities Act
(“ADA”). Plaintiff names as defendants: Corizon
Health; the State of Kansas; Dr. Corbier, Regional Medical
Director for Corizon; M. Einerson, RN for Corizon Health;
James Heimgartner, former Warden of EDCF; Doug Burris,
designee of the Kansas Secretary of Corrections; Deane W.
Donley, Deputy Warden of Programs, EDCF; and C. Delperdang,
RN-BSN, Assistant Director of Nursing for Corizon Health.
Dickerson is 49 years old and has an extensive history of
health problems. He has Hepatitis-C and had been receiving
treatment from the University of Kansas Liver Transplant
Program for end-stage cirrhosis of the liver since 1998. He
was treated for liver cancer in 2007 and 2009, he received a
pacemaker in 2010, and he suffered a stroke in 2014.
2016, Plaintiff was sentenced to 216 months on a conviction
for aggravated indecent liberties with a child and was sent
to EDCF. Upon his arrival at EDCF in July of 2016, he
informed the intake nurse of his medical history. He also
informed her of the pain medication he had been prescribed
due to chronic abdominal pain resulting from his liver
failure. Apparently, he had some blood work done as part of
the intake process, and a Corizon nurse later told him that
his blood work did not show he had cirrhosis.
two days of his arrival at EDCF, Mr. Dickerson submitted a
sick call request because he was feeling poorly. He was told
to take “some pill” by a nurse. Soon after, he
had to be transported by ambulance to the hospital to be
treated for an ileus and acute renal failure.
his return to EDCF, he was held overnight on the medical
unit, then returned to the general population without seeing
a doctor. Plaintiff began submitting sick calls because he
was in a lot of pain. About a month after his
hospitalization, a Corizon employee asked him to sign a
medical release authorizing Corizon to get his medical
records from KU. He alleges he refused to sign because the
release only asked for records about his HCV and pacemaker
going back to “2000 something.” The nurse refused
to change the release to request all of his records from 1997
response to grievances, Mr. Dickerson discovered Corizon had
placed him on “chronic care” and placed a
“Medical Level 5” on him. When Plaintiff
continued to complain of pain and difficulty breathing,
Corizon staff gave him a cane and later a wheelchair. He
alleges he is given pain medication only for short periods of
complains Defendants have not provided him with proper
treatment for his end-stage cirrhosis, that he has not been
treated by qualified medical providers, and that the pain he
suffers as a result of his medical condition has been largely
ignored by Defendants. He seeks an injunction ordering
Corizon to have Plaintiff seen by the liver transplant team
at KU and to follow the directions resulting from that
consult. Plaintiff also seeks compensatory damages.
Court finds that the proper processing of Plaintiff's
claims cannot be achieved without additional information from
appropriate officials of the El Dorado Correctional Facility.
See Martinez v. Aaron, 570 F.2d 317 (10th
Cir. 1978); see also Hall v. Bellmon, 935 F.2d 1106
(10th Cir. 1991). Accordingly, the Court orders the
appropriate officials of EDCF to prepare and file a
Martinez report. Once the report and Defendants'
answers have been received, the Court can properly screen
Plaintiff's claims under 28 U.S.C. § 1915.
IS THEREFORE ORDERED:
Clerk of Court shall serve defendants James Heimgartner, Doug
Burris, and Deane W. Donley under the e-service pilot program
in effect with the Kansas Department of Corrections. The
Clerk of the Court shall prepare summons to be served
pursuant to Rule 4(c)(3) on defendants Corizon Health and the
State of Kansas by the U.S. Marshal at no cost to Plaintiff.
The Clerk of the Court shall prepare waiver of service forms
for the remaining defendants, pursuant to Rule 4(d) of the
Federal Rules of Civil Procedure, to be served at no cost to
Plaintiff absent a finding by the Court that Plaintiff is
able to pay such costs.
report required herein shall be filed no later than
sixty (60) days from the date of this order,
and Defendants' answers shall be filed within
sixty (60) days following receipt of that
report by counsel for Defendants or as set forth in the
waiver of service, whichever is later.
Officials responsible for the operation of the El Dorado
Correctional Facility are directed to undertake a review ...