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Gallagher v. Southern Health Partners

United States District Court, N.D. Ohio, Western Division

December 30, 2019

Holden Gallagher, Plaintiff
v.
Southern Health Partners, et al., Defendants

          MEMORANDUM OPINION AND ORDER

          Jeffrey J. Helmick United States District Judge.

         Background and History

         Pro se Plaintiff Holden Gallagher filed this action under 42 U.S.C. § 1983 against Southern Health Partners, Corrections Center of Northwest Ohio (“CCNO”), Nurse Julie (last name unknown), CCNO Nurse Judy (last name unknown), CCNO Health Administrator John Pannell, CCNO Corrections Officer Talbut, CCNO Corrections Officer Doan, CCNO Commanders, and CCNO Executive Director Dennis Sullivan. In the Complaint, Plaintiff alleges Defendants were deliberately indifferent to his serious medical needs and subjected him to objectionable conditions of confinement. He seeks monetary damages and injunctive relief.

         Plaintiff's Complaint is divided into two claims. First, he alleges Defendants denied him proper medical care. He indicates that on October 26, 2018, he informed intake personnel that he has asthma. He was listed as a chronic care patient. On November 14, 2018, he saw a nurse practitioner who wrote in his chart that he had not had a flair-up since childhood. Plaintiff denies making this statement. As a result of that notation, he was removed from the chronic care list. He asked for an inhaler and his request was denied. He repeated his request several times, but the result stayed the same. He complained to Pannell and one of the physicians on staff. He indicates he was told his condition would be monitored and he would receive breathing treatments as needed. The physician prescribed Amoxicillin and prednisone.

         On June 21, 2019, at 5:30 a.m., Plaintiff reported to a corrections officer that his throat was closing up and he had mild chest pain. He was taken to the medical department and given a breathing treatment. He contends his vital signs were not recorded after the treatment. At approximately 4:00 p.m., he reported to Corrections Officers Talbut and Doan that his throat was closing up again and the pain in his chest was more severe. They informed him that it was not a good time for movement. He indicates he was taken to the infirmary at 4:30 p.m. There, Nurse Julie came to evaluate him. Plaintiff states she did not check his heart or his lungs and refused him a second breathing treatment. Plaintiff demanded an EKG to determine if he was having a heart attack, but she also refused that request. Instead, she gave him antacid tablets and told him to wait in the waiting area for an assessment of his blood sugar levels. Plaintiff raised his concerns to Pannell who conceded Plaintiff should have had a blood test to determine if he showed signs of having experienced a myocardial infarction. He alleges he did not receive that blood test.

         Plaintiff further alleges that in June 25, 2019, Nurse Judy did not give him one of the three medications prescribed for him. He claims she recorded that he refused his meds. He states that after three refusals, the medication is discontinued.

         Plaintiff's second claim he attempts to assert as a class action. He lists numerous conditions of confinement to which he objects:

1. Inmates are no longer allowed to receive photos in the mail. They must be sent electronically via electronic tablets at a cost of five cents per view.
2. The network for the tablets is slow.
3. The facility exceed the occupancy for the number of toilets and showers available in the dorms.
4. The ED lockdown does not have hot potable water in the cells.
5. The grievance system for health care is inadequate.
6. Blankets are not cleaned or exchanged monthly as required.
7. Bedding is not always in good condition. Inmates are not always given mats.
8. The facility does not maintain documentation on bedding, ...

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