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15-336 - PERKINS v. BYRD et al


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15-336 - PERKINS v. BYRD et al
December 7, 2015
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Entry Discussing Complaint, Dismissing Insufficient Claims, and Directing Service of Process - The claims against ARP, Superintendent Brown, and Kim Hopson are dismissed. Any stand alone claim that Dr. Byrd forget to order a stronger pain medication is dismissed here for failure to state a claim upon which relief can be granted. This ruling does not prohibit the consideration of all facts regarding Dr. Byrd's treatment of the injury in resolving the claim of deliberate indifference that shall proceed. If the plaintiff believes that the Court misidentified any claim or that he asserted any additional claims which were not discussed in this Entry he should notify the Court of this fact by no later than January 15, 2016. The clerk is designated to issue process to defendant Dr. Byrd. The clerk shall update the docket to reflect the dismissal of defendants Associated Roofing Professionals, Superintendent Dick Brown, and Kim Hopson. (See Entry) Signed by Judge William T. Lawrence on 12/7/2015. Copy sent to Defendant Dr. Byrd via US Mail. (GSO)
March 30, 2016
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ENTRY Granting Plaintiff's Motion for Medical Injunction - Mr. Perkins' 25 motion for preliminary injunctive relief is granted to the extent that Dr. Byrd, or his designee with the authority to do so, shall refer Mr. Perkins to an outside orthopedic specialist to examine and evaluate Mr. Perkins' right knee. The Court denies Mr. Perkins' request for specific pain medications and MRI, and leaves whatever treatment, if any, is appropriate, to the determination of the specialist. The specialist shall be given a copy of this Entry. Dr. Byrd or his designee shall report not later than April 11, 2016, that the referral has been made and an appointment has been scheduled as promptly as reasonably possible, taking into account the specialist's schedule. If the specialist determines than an MRI is necessary to properly diagnose the problem, it shall be provided. The specialist's treatment plan shall be followed. (See Entry.) Signed by Judge William T. Lawrence on 3/30/2016. (GSO)
August 15, 2016
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Entry on Plaintiff's Motion for Declaratory Relief and Motion to Compel - Based on the determination by prison physician Dr. Byrd that no further treatment was needed to address the plaintiff's continuing knee pain, in the Entry of March 30, 2016, the Court granted the plaintiff's motion for preliminary medical injunction. The Court agrees with the defendants in finding that the plaintiff's motion for declaratory relief is in substance a motion to compel compliance with the Court's prior order, and that a declaratory judgment is not appropriate under these circumstances. For this reason, the plaintiff's motion for declaratory relief 65 is denied. On July 1, 2016, the plaintiff filed a motion to compel which also requests an order directing the defendants to comply with the Court's order of March 30, 2016. Specifically, he argues that the defendants must provide the medication prescribed by Dr. Madsen and send the plaintiff back to Dr. Madsen for a follow-up appointment. If the plaintiff is not receiving a prescribed medication, and he is currently reporting that he is in pain, the defendants shall rectify this immediately. It is not apparent that the plaintiff is being denied medically necessary surgery. In this respect, the plaintiff's motion to compel compliance 84 is denied. The plaintiff has obtained the extraordinary preliminary relief of additional treatment as ordered by the Court. With the exception of the issue of medication discussed above, it is not the Court's role to monitor the plaintiff's future medical treatment outside the scope of his claims in this action. (See Entry.) Signed by Judge William T. Lawrence on 8/15/2016. (BRR)