William H. Evans, Jr., Plaintiff-Appellant,
Ohio Department of Rehabilitation and Correction et al., Defendants-Appellees.
from the Franklin County Court of Common Pleas, No. 17CV-9206
William H. Evans, Jr., pro se.
Yost, Attorney General, and Andrea K. Boyd.
1} Plaintiff-appellant, William H. Evans, Jr.,
appeals pro se from a judgment of the Franklin County Court
of Common Pleas dismissing his complaint against
defendants-appellees, Gary Mohr, director of the Ohio
Department of Rehabilitation and Correction
("ODRC"), Karen Stanforth, ODRC assistant chief
inspector, Mark Hooks, warden of the Ross Correctional
Institution ("RCI"), and Lisa Bethel, RCI
healthcare administrator (collectively
"appellees"). For the following reasons, we affirm.
Facts and Procedural History
2} In October 2017, Evans, an inmate at RCI, filed a
pro se complaint against appellees seeking declaratory and
injunctive relief. He generally alleges his constitutional
rights have been violated because he has not received a
colonoscopy as recommended by an RCI healthcare professional.
3} In his complaint, Evans alleges the following
facts. He is currently serving a prison sentence of 15 years
to life. While incarcerated at RCI, a nurse practitioner
advised Evans that he should undergo a colonoscopy due to
suspected colon cancer. Evans was instructed that to undergo
the procedure he would need to go to RCI's infirmary
overnight. He requested that he be permitted to ingest the
colon cleansing solution in his prison cell and then be taken
to the infirmary for the procedure without having to stay
overnight. His request was denied, and he then refused to
transfer overnight to the infirmary in order to have the
procedure. Evans contends that requiring him to stay
overnight in the infirmary in order to have the colonoscopy
violates his rights. He asserts that leaving his established
prison cell for one night may result in him losing that cell
and being placed with a new cellmate in a different housing
unit. He further asserts that uprooting him from his
established prison cell also may result in the loss or
destruction of his personal property. Based on these
circumstances, Evans has not undergone the colonoscopy
4} Pursuant to Civ.R. 12(B)(6), appellees moved to
dismiss Evans' complaint for failure to state a claim
upon which relief can be granted. In December 2018, the trial
court granted appellees' motion to dismiss Evans'
5} Evans timely appeals.
Assignment of Error
6} Evans assigns the following ...