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Boyce v. Martella

United States District Court, N.D. Illinois, Eastern Division

October 1, 2014

ANTHONY BOYCE (# R-52162) Plaintiff,
v.
JACKIE MARTELLA, et al., Defendants.

ORDER

AMY J. STG. EVE, District Judge.

The Court denies the motion to dismiss filed by Defendant Latanya Williams [87] and grants in part and denies in part the joint motion to dismiss filed by Defendants Marcus Hardy and Frederick Nash [89]. Specifically, the Court denies Williams and Nash's motions to dismiss in their entirety and grants Hardy's motion to dismiss the claims against him. The Clerk is directed to terminate Hardy as a party. Williams and Nash shall answer the third amended complaint by October 24, 2014.

STATEMENT

Pro se Plaintiff Anthony Boyce is currently incarcerated at the Pontiac Correctional Center. This action is one of eight lawsuits Boyce filed about the conditions of confinement at the Stateville Correctional Center, where Boyce was previously housed. Boyce also has an additional conditions of confinement lawsuit ( Boyce v. Hale, 14-cv-1199-JES-JEH) pending in the United States District Court for the Central District of Illinois, where the Pontiac Correctional Center is located. In Boyce's third amended complaint, he alleges that correctional officer Frederick Nash used excessive force when handcuffing him and rejected his requests for medical attention for wrist pain. He also alleges that the other Defendants either failed to ensure that he received necessary medical care for his injuries or ignored his requests for refills of medication prescribed to treat his complaints of wrist pain. Before the Court are motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendants Latanya Williams, Marcus Hardy, and Frederick Nash.

BACKGROUND

The Court draws the following facts from Boyce's third amended complaint (R. 81) and accepts them as true for purposes of the motion to dismiss. See Cincinnati Life Ins. Co. v. Beyrer, 722 F.3d 939, 946 (7th Cir. 2013). In addition, the Court will construe Boyce's allegations liberally because he is proceeding pro se. See Ambrose v. Roeckeman, 749 F.3d 615, 618 (7th Cir. 2014). Boyce filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Boswell Pharmacy Services (an entity responsible for filling prescriptions for Stateville prisoners), Jackie Martella (Boswell's CEO), Frederick Nash (a correctional officer at Stateville who handcuffed Boyce), Latanya Williams (a physician's assistant at Stateville who treated Boyce), and Marcus Hardy (Stateville's warden at the relevant time). In this order, the Court will focus on Boyce's allegations about Nash, Williams, and Hardy given their pending motions to dismiss.

Nash

On October 28, 2011, Boyce had an appointment with psychiatrist Usha Kartan. (R. 81, Third Am. Compl., ¶ 1.) Boyce told Dr. Kartan that "he didn't want any psych medicine." ( Id. ¶ 2.) In response, Dr. Kartan insisted that Boyce sign a document to show that he agreed that she had provided adequate care. ( Id. ¶ 3.) When Boyce refused, Dr. Kartan became "irate" and forced him to take "psych meds." ( Id. ¶ 4.)

Dr. Kartan then summoned correctional officer Frederick Nash, who tightly handcuffed Boyce, told him to "shut up" because he did not care if Boyce had done anything wrong, and placed Boyce - still wearing handcuffs - in an unoccupied bullpen for two hours. ( Id. ¶¶ 5-8.) Boyce describes Nash as "a very vocal obnoxious guy" and asserts that after Nash placed him in the bullpen, Nash intentionally did not remove the handcuffs even though they did not serve any legitimate purpose. ( Id. ¶ 8 & Ex. 43.) Boyce also asserts that the handcuffs caused him to experience severe pain. ( Id. ¶ 8.) When Nash returned to uncuff Boyce, Nash unsuccessfully tried to provoke Boyce into a fight. ( Id. ¶ 10.) Nash then refused to take Boyce to the Heath Care Unit despite Boyce's complaints of wrist pain. ( Id. ¶ 11.) Boyce contends that he continues to experience severe pain in his left wrist on an "almost daily basis" that makes it difficult for him to bathe and get dressed. ( Id. ¶ 12.)

Williams

Physician's assistant Latanya Williams saw Boyce on April 6, 2012. ( Id. ¶ 14 & Ex. 1.) She prescribed an analgesic balm and a "[muscle] reliever." ( Id. ¶ 14.) The accompanying treatment notes reflect that she gave these medications to Boyce during his appointment. The third amended complaint includes a copy of the label for an "analgesic balm" prescription bearing the dates "08/13/12 09/12/12" that states it is eligible for refill "7 days before 09/02/12." ( Id. Ex. 27.) It also includes 2014 prescriptions for acetaminophen and Naproxen which similarly allow for refills. ( Id. Ex. 28.) Boyce alleges that on an unspecified date, Williams ignored his request for refills for all of his pain medications. ( Id. ¶ 15.) In addition, Boyce repeatedly wrote Williams letters asking her to refill the prescription for analgesic balm. ( Id. Exs. 10-18.) Finally, Boyce alleges that in December 2013, he told Williams that he was in severe pain. According to Boyce, in response, Williams showed him a tube of analgesic ointment and told him to "get the hell out of [her] face." ( Id. ¶ 17.)

Hardy

Boyce asserts that he sent complaint letters to then-warden Marcus Hardy about Nash's use of handcuffs to cause pain. ( Id. ¶ 25.) The third amended complaint includes three letters, dated November 5, 2012, November 8, 2012, and November 25, 2012, asking Hardy to "reprimand" Nash and criticizing Hardy for doing "nothing about Sgt Nash assaulting [him]." ( Id. Exs, 7-9.) It also includes 2013 grievances complaining about the lack of prescription refills and the allegedly improper use of handcuffs signed by then-warden Michael Lemke. ( Id. Exs. 2-4, 33-34.) In his response to Hardy's motion to dismiss, Boyce states that he ...


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