United States District Court, D. Maryland
SHERRY S. PARKS, Plaintiff
MARYLAND CORRECTIONAL INSTITUTION FOR WOMEN,  DR. JAYA SINGHA,  WEXFORD HEALTH,  Defendants
K. Bredar United States District Judge
consideration are Sherry S. Parks's prisoner civil rights
complaint filed pursuant to 42 U.S.C. § 1983 and the
unopposed motion to dismiss or, in the alternative, motion
for summary judgment filed by counsel on behalf of defendant
Dr. Jaya Singh. The matter is ready for disposition; no
hearing is necessary. See Local Rule 105.6 (D. Md.
January 19, 2016, Sherry Parks filed this complaint pro se,
alleging that since July of 2013, she has received inadequate
medical care at the Maryland Correctional Institution for
Women (MCIW) in violation of her constitutional rights. Parks
complains that she suffers terrible back pain every day and
constant numbness and tingling in her hands and fingers. She
alleges that she was told to see a specialist and to start
physical therapy and medications for pain management. ECF 1.
She does not indicate, however, who recommended that she see
a specialist and begin physical therapy. Parks asserts she is
unable to properly clean herself after using the restroom and
stains her undergarments. ECF No. 1 at 3. As relief, she asks
for “medical care and medications that I need and
support of the motion to dismiss or, in the alternative,
motion for summary judgment, Jaya Singh, M.D., by her
counsel, filed her affidavit and 97 pages of Parks's
medical records. Parks does not controvert the exhibits.
exhibits demonstrate that Parks is a 44-year-old female
inmate who is treated in the chronic care clinic for lower
back pain as well as for other chronic medical conditions.
ECF 7-3. Since July 12, 2013, when Parks entered MCIW and
self-reported suffering chronic back pain due to scoliosis
and a herniated disc managed with nonsteroidal
anti-inflammatory drugs (NSAIDS) and Percocet, she has
received ongoing evaluation, monitoring, and medications for
back pain. Id; see also ECF 7-5 (Singh
decl. ¶ 5).
Singh, as well as Dr. Getachew Tefferra, M.D., nurse
practitioners, and physicians' assistants, has examined
Parks regularly at MCIW clinics and sick call for her
complaints of back pain, and her later presented complaints
of numbness and tingling in her fingers. Dr. Singh and other
medical providers have prescribed medications, NSAIDS,
analgesics, and muscle relaxants including Naproxen,
Indomethacin, Robaxin, Tylenol Extra Strength 500 mg., and
Baclofen. They have also cautioned Parks that NSAIDS may
prompt gastrointestinal bleeding and other side effects and
inquired regularly whether she is experiencing effects from
the medication. Medical providers also adjusted Parks's
medication dosages and suggested alternative medicines when
she reported they provided ineffective pain relief. Medical
providers ordered spinal x-rays that revealed no evidence of
an acute fracture, dislocation, or subluxation. Additionally,
they recommended an exercise program and weight loss for
Parks to alleviate her back pain. ECF No. 7-4.
April of 2014, Park complained of numbness and tingling to
both thumbs, index fingers, and middle fingers. Parks's
condition was diagnosed as unrelated to her lower back
condition, and she was provided wrist braces to alleviate the
symptoms of tingling and numbness. Parks has since been noted
as uncompliant with medical recommendations to wear the wrist
braces. ECF No. 7-5 ¶ 9; ECF No. 7-4 at pp. 21-23.
medical encounters specifically with defendant Singh are as
follows: On October 11, 2013, Dr. Singh examined Parks at the
chronic care clinic for back pain. Singh observed that
Parkss' coordination and balance were intact and she sat
comfortably on a chair. Parks denied injuring her back and
asked for a renewal of the Indomethacin prescription. Parks
was aware of the side effects of NSAIDS such as
gastrointestinal bleeding, kidney failure, and ototoxicity.
Parks's previous cervical spine x-ray revealed mild loss
of vertebra body height and disc space generally and most
evident at ¶ 5 and C6. Parks's foraminal openings
were intact without compression on the nerves. Her evaluation
revealed no abnormality in the lumbar curvature and negative
posterior tenderness in the spine. Singh renewed Parks's
Indomethacin and increased it to twice daily as needed. ECF
No. 7-4 at pp. 13-16.
29, 2015, Dr. Singh examined Parks in the chronic care clinic
for back pain and other conditions. Singh noted that Parks
was not wearing the wrist braces that had been prescribed for
her. Singh observed that Parks's gait, coordination, and
balance were intact and that she sat comfortably on the
chair. Parks denied any recent injury or change in her pain
pattern. Parks demanded Indomethacin or a narcotic for her
back pain. Singh noted that Parks's Tylenol prescription
was still active and that Park was aware that the
Indomethacin had been discontinued by another medical
provider due to Parks's report of rectal bleeding. Parks
became angry and argumentative and “briskly” left
the examination room. Id. at p. 62.
September 4, 2015, Dr. Singh examined Parks in the chronic
care clinic. Singh observed that Parks was not wearing her
wrist braces and her gait, coordination, and balance were
intact. Parks sat comfortably on a chair and denied any
recent injury or change in her pain pattern. Singh reports
that Parks demanded narcotics for her back pain. Parks stated
she was a janitor who actively sweeps, mops, and carries
trash. Parks was prescribed Tylenol and Robaxin. Parks became
angry and argumentative, threatened legal action, slammed a
heavy door, left the examination room briskly, and ran and
yelled in the hallway. Id. at p. 73.
February 12, 2016, Singh examined Parks in the chronic care
clinic. Parks stated that other medical providers had
recently addressed her pain medication concerns. Parks was
not wearing her wrist braces. Id. at p. 83.
13, 2016, Singh examined Parks who was not wearing her wrist
braces. Parks stated that she was recently seen by another
medical provider and all her concerns were answered. Parks
requested refills of her prescriptions. Singh noted that
Parks denied adhering to her prescribed medication regimen.
Singh also recommended that Parks consider ...