Adams v. Butler
2:17-cv-00245
E.D. Wis.Mar 5, 2018Background
- Adams arrived at Racine County Jail in April 2016, reported a history of seizures at intake, and had a documented seizure on April 27–28 that required ambulance transport and a hospital discharge with a 100 mg Dilantin prescription and neurologist follow-up.
- After discharge, jail nurses/COs allegedly delayed/denied administration of the prescribed seizure medication; Adams alleges he did not receive Dilantin until two weeks later and that the jail physician (Dr. Butler) increased the dose to 200 mg.
- Adams alleges that during prolonged seizures a nurse (Nurse Erin) forcefully placed ammonia tabs in his nostrils and obstructed his breathing while other staff (Nurse Sarah Simon and several unnamed COs/ intake officers) watched and failed to intervene.
- He sued multiple defendants including Nurse Erin, Nurse Sarah Simon, Dr. Butler, Captain Wearing, Sheriff Schmaling, Racine County Jail, Racine County Sheriff’s Department, Advanced Correctional Services, and several unnamed/John Doe officers.
- The court screened the amended complaint under the PLRA, dismissed several institutional and supervisory defendants for failure to state a §1983 claim, allowed Eighth Amendment deliberate indifference claims to proceed against the nurses, Dr. Butler, and unnamed/John Doe officers, and denied several pretrial motions (TRO/injunction, motion to compel/sanctions, law-library order, and appointment of counsel without prejudice).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Viability of §1983 claims against institutional defendants (Racine County Jail, Sheriff’s Dept., Advanced Correctional Services) | Adams named entities as responsible and as holders of evidence (video/records) | Entities argue they are not proper §1983 defendants or lack personal involvement/policy liability | Dismissed: jail and sheriff’s department not suable entities; Advanced Correctional Services dismissed for insufficient policy/custom allegations |
| Supervisor/sheriff liability (Captain Wearing, Sheriff Schmaling) | Supervisors failed to investigate/respond and failed to provide proper oversight | Supervisors lack personal involvement; responses to grievances are not constitutional violations | Dismissed: no plausible supervisory liability shown |
| Eighth Amendment deliberate indifference by medical and custody staff (Nurse Erin, Nurse Sarah Simon, unnamed COs, Dr. Butler) | Staff knowingly ignored/failed to treat a serious medical condition; Nurse Erin obstructed breathing; Dr. Butler delayed medication and changed dosage causing harm | Defendants will likely dispute factual allegations and deliberate indifference intent | Allowed to proceed: claims against Nurse Erin, Nurse Sarah Simon, Dr. Butler, and unnamed intake/CO defendants survive screening |
| Pretrial relief and discovery motions (TRO/injunction, motion to compel/sanctions, law-library access, appointment of counsel) | Adams seeks injunctive relief for alleged retaliation, proper mail/law-library access, sanctions for alleged discovery order violations, and counsel appointment | Defendants note many complained-of actors are nonparties and discovery/sanctions premature; institutional decisions on library/segregation are discretionary | Denied: TRO/injunction denied; motion to compel/sanctions denied as premature; law-library access denied; appointment of counsel denied without prejudice pending case developments |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, [citation="550 U.S. 544"] (Twombly pleading standard and plausibility requirement)
- Ashcroft v. Iqbal, [citation="556 U.S. 662"] (application of Twombly two-step analysis to complaints)
- Estelle v. Gamble, [citation="429 U.S. 97"] (prisoners’ right to medical care under the Eighth Amendment)
- Farmer v. Brennan, [citation="511 U.S. 825"] (deliberate indifference standard for prison officials)
- Roe v. Elyea, [citation="631 F.3d 843"] (definition of serious medical need and deliberate indifference in Seventh Circuit)
- Buchanan-Moore v. County of Milwaukee, [citation="570 F.3d 824"] (§1983 personal-involvement requirement)
- Palmer v. Marion County, [citation="327 F.3d 588"] (limits on supervisory liability under §1983)