United States District Court, N.D. Ohio, Western Division
MEMORANDUM OPINION AND ORDER
Jeffrey J. Helmick United States District Judge.
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.
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.
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
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.
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
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,