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Gould v. State

United States District Court, D. North Dakota, Northwestern Division

April 10, 2014

Isaac T.L. Gould, Sr., Plaintiff,
v.
State of North Dakota, W.C.C.C., and Fairlight Medical, Defendants.

ORDER RE § 1915A SCREENING

CHARLES S. MILLER, Jr., Magistrate Judge.

Plaintiff, Isaac T.L. Gould, Sr. ("Gould"), is a pretrial detainee at the Williams County Correctional Center ("WCCC"). He initiated the above-entitled action against the WCCC, the Fairlight Medical Center, their respective staffs, and the State of North Dakota with the submission of a pro se complaint on February 19, 2014. This matter is now before the court for review as mandated by 28 U.S.C. §1915A.

I. BACKGROUND

Gould claims that staff at the WCCC exhibited deliberate indifference to his medical needs. Additionally, he accuses staff at both the WCCC and Fairlight Medical Center of gross negligence. Specifically, he asserts:

Became incarcerated August 8, 2013. Saw Dr. Carbonell (contract Dr from Fairlight Medical) for right foot, back, r-hip, left ribs. He stated "this is not a treatment facility." I, did submit a Step-1 Grievance in regards to those issues and what he said, never received a response; I wasn't documenting nearly as well then as I did not foresee all the upcoming hidden medical problems (inner jail). My right foot re-broke from not having appropriate footwear and is still broken and is becoming even more and more painful after being forced to walk on it broken for approximately (5 months). Current pediatrist says looks like a non-union, I told him previous pediatrist showed me progressive x-rays proving union. Current pediatrist is Dr. Guy K. Slann and previous pediatrist was Dr. Tello. I also told Dr. Guy K. Slann that it probably looks as bad from walking on it broken for months. Im still waiting for right foot to be fixed. Right hip, back, and left ribs still haven't been tended to. 1-29-14: Submitted a medical request for right hand stating third digit is broken or displaced. Still hadn't seen a doctor by 2-1-14 nor been taken to hospital.
* * *
I have asked W.C.C.C. staff to help with multiple medical issues and they always say it's gonna go thru the system or ask the lieutenant. The doctors, nurses and physician assistants have written medical orders that the lieutenant and his staff override, deny subjecting plaintiff to undue pain and suffering which is cruel and unusual punishment; said plaintiff also now has severe bone damage in right foot, permanent of third digit, right hand also for which he has not been offered adequate timely medical services to avoid permanent disfigurement, nerve damage, loss of use of dominant hand which was to serve his soul livelyhood in suport-ing and taking care of his wife and five children. Lieutenant has medical bills forwarded or billed to inmates while ward of the jail. D.O.C.R. facility inspector has received numerous e-mails/complaints on W.C.C.C. on behalf of all inmates and myself. Mr. Steve Engen came one time, talked a little bit and told me my wife is a lier. He has not done an follow or make any changes here. Plaintiff has filled out numerous requests, grievance forms to which has had no reply or positive results, if any thing plaintiff has been subjected to even more prolonged pain and suffering and cruel and unusual punishment.
* * *
Plaintiffs pain and suffering have increasingly gotten worse with signs on nerve damage and partial limb disfigurement/loss. This is clearly gross-negligence on part of Williams County Corrections Center and staff along with Fairlight Medicals Doctor Carbonell. And to wit is demonstrated a severe lack of responsibility and competence to maintain a high or even common regard for another human beings life.
* * *
Pain is continual which in petitioners case he has thus far proven he has been unable to remedy thru set forth appropriate procedures provided by W.C.C.C. and staff. Due to W.C.C.C. staffs' bold disregard for another human beings' life and well-being. This too would be construed as a severe open neglect of and violation of N.D.C.C. 12-47-26: uniformly, kindly treatment of inmates; no corpal or other painful or unusual punishment shall be inflicted upon the inmates of the penitentiary for violation of the rules and regulations. (Docket No. 6) (errors in original).

Gould seeks $50 million in damages, reimbursement for future medical expenses, his immediate release from state custody on a personal recognizance bond, and a pretrial diversion. He also asks the court to initiate a federal investigation of WCCC staff, order WCCC staff to submit to psychological evaluations, and suspend the WCCC's captain and lieutenants for six months without pay.

II. REQUIREMENT FOR INITIAL REVIEW

When a prisoner seeks to sue a governmental entity, officer, or employee, 28 U.S.C. § 1915(A) requires that the court to conduct an early screening of the complaint to weed out claims that clearly lack merit. In conducting the screening required by 28 U.S.C. § 1915A, the court is required to identify any cognizable claims and to dismiss the complaint, or any part of it, that is frivolous, malicious, fails to state a claim, or seeks monetary relief from an ...


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