United States District Court, D. North Dakota, Northwestern Division
Isaac T.L. Gould, Sr. and Dwayne A. Cox, Plaintiffs,
Williams County (Sheriff), Scott Bushing, (Lieutenant) Royce Crones, and (Doctor) Antonio Carbonell, ) Defendants.
ORDER RE § 1915A SCREENING OF AMENDED COMPLAINT
CHARLES S. MILLER, Jr., Magistrate Judge.
On May 12, 2014, plaintiff, Isaac T.L. Gould, Sr. ("Gould"), filed an amended complaint which is now subject to review as mandated by 28 U.S.C. §1915A.
Gould initiated the above-entitled action against the WCCC, the Fairlight Medical Center, their respective staffs, and the State of North Dakota on February 18, 2014, with the submission of a pro se complaint and application to proceed in forma pauperis. In his complaint he asserted claims of gross negligence and deliberate indifference to his serious medical needs. He requested $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 asked 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.
The court granted Gould's application to proceed in forma pauperis and directed the Clerk's office to file the complaint. Upon screening the complaint as mandated by 28 U.S.C. § 1915(A), the court concluded that Gould's claim of gross negligence claim was not cognizable under § 1983. With respect to Gould's claim of deliberate indifference, the court concluded that he had failed to name a proper party defendant. As for Gould's prayer for relief, the court advised Gould that he had no constitutional right to a criminal investigation and that the court was precluded from granting him a pretrial diversion, ordering his release from state custody, reprimanding WCCC staff, or ordering a criminal investigation of WCCC staff. To afford Gould an opportunity to address his complaint's deficiencies, the court granted Gould leave to file an amended complaint.
On May 12, 2014, Gould filed an amended complaint naming Dwayne A. Cox ("Cox") as an additional plaintiff and substituting Williams County, Sheriff Scott Bushing, Lieutenant Royce Crones, and Dr. Antonio Carbonell as party defendants. He asserts:
Claim No. 1: Deliberate indifference by Dr. Antonio Carbonell, Lieutenant Royce Crones, Sheriff Scott Bushing. Plaintiff submitted medical request for attention to address medical needs to which Doctor Carbonell replied "This is not a treatment facility, " and plaintiff didn't receive proper or needed medical attention.
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Claim No. 2: Reckless or callous indifference: In March 2014 Officer Scott Enget and Plaintiff Gould returned from Dr. appt for Plaintiff with Dr. Roxanne Keene. Dr. ordered physical therapy. Officer Enget informed Lieutenant Crones (upon return from Dr.) that Dr. ordered physical therapy. Lieutenant was going to get taken care of, ordered Officer Enget to put papers on Lieutenant desk. Plaintiff has not been in for P.T.; Lieutenant has subjected plaintiff to more physical harm....
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Claim No. 3: Reckless or Callous Indifference: On April 2, 2014 Sheriff Scott Bushing came back to speak with inmate Dwayne Cox and Plaintiff. Srg. Ken Stenberg was with Sheriff Bushing. During this meeting Plaintiff tried to give a copy of Dr. Guy Slann's surgical recommendation to which Sheriff Bushing refused. Sheriff Bushing refused to take either Plaintiff's paper or Dwayne A. Cox's pertaining to his medical needs too....
Both Plaintiff(s) attempted to give to Sheriff Scott Bushing paperwork documenting or further substantiating their medical concerns. Sheriff Bushing rejected. And said he would look at the next day we met to go see doctor to see "exactly what it is "you think you need" quote. Plaintiff(s) have yet for this follow-up meeting with medical and Sheriff present to come to be and todays date 5-6-14.... Sheriff seemed rather irritated at the whole scheme of things and being called at his home the evening before by Plaintiff(s) and the morning of 4-2-14 by Plaintiff Gould mother and wife at work. Plaintiff Cox commented/asked to who next higher authority to complain to would be, to which Sheriff Bushing replied that he was it and there is no higher.... Both Plaintiff(s) medical conditions are becoming worse.... Officer placing Mr. Wade in a situation the guard knew was likely to expose him to serious physical injury or harm....
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Claim No. 4: Deliberate, reckless or callous indifference: On part of Lieutenant Royce Crones by not addressing or providing medical treatment(s) knowingly called for or ordered by doctors and/or physicians. Dr. Blomquist even wrote her recommendation for a medical release from W.C.C.C. for Plaintiff to be afforded the opportunity to seek out and obtain proper medical treatment to worsening ...