United States District Court, D. Maryland
WAYNE V. WILLIAMS, Plaintiff
MEDICAL CORRECTIVE SERVICES, REGIONAL MEDICAL DIRECTOR PRIVATE HEALTHCARE CONTRACTOR SG.T FORNEY, and KRISTA BILAK, Defendants
W. Grimm United States District Judge
Wayne Williams, a state inmate held at the North Branch
Correctional Institution (“NBCI”), filed this
civil rights action pursuant to 42 U.S.C. § 1983. ECF
No. 1. Pending are Motions to Dismiss or, in the Alternative,
for Summary Judgment filed by Sergeant Gregory Forney, ECF
No. 19, and Wexford Health Sources, Inc. and Krista Self
(f/k/a Bilak) (“Medical Defendants”),
No. 22. The parties briefed the motions. Forney Mem., ECF No.
19-1; Med. Defs.' Mem., ECF No. 22-3; Pl.'s
Opp'n, ECF No. 24; Med. Defs.' Reply, ECF No. 25.
Having reviewed the parties' briefs and exhibits, I find
that a hearing is unnecessary. See Loc. R. 105.6 (D.
Md. 2016). For the reasons stated below, the Motions will be
claims that he is allergic to the metal and plastic in the
bunkbed in his double cell, and that his allergies cause
chronic swelling in his legs and knees and poor circulation,
leading to numbness and loss of sensation. Compl. 3-4.
Plaintiff states that his allergies force him to sleep on the
concrete floor of his cell rather than in his bunk.
Id. He alleges that, despite his allergies, Krista
Bilak (now Self),  Nurse Practitioner, refused to allow him
to be seen by a doctor and refused to recommend that he be
seen by an allergy specialist. Id. at 3. Also, he
asked for an assignment to a single cell due to his
allergies, but his request was denied. Id. at 4. He
alleges that the failure to place him in a single cell
adversely impacts his health. Id. As relief, he
seeks an injunction requiring reassignment to a single cell
and consultation with an allergy specialist, as well as
compensatory damages. Id. at 3.
affidavits and medical records that Defendants have provided
in support of their dispositive motions demonstrate that
Plaintiff suffers from benign prostatic hyperplasia,
Hepatitis C, a detached retina, hypertension, and exercise
induced asthma. Joubert Aff. ¶ 4, ECF No. 22-5. On
November 5, 2014, he was evaluated by James Hunt, R.N.,
regarding a request to be removed from his prescribed
cardio-vascular diet. Med. Recs. 1, ECF No. 22-4. At that
time, Plaintiff advised Hunt he was allergic to foods but was
vague in describing his allergies. Id. at 2. Hunt
advised Plaintiff there was no information in his chart
indicating he suffered from allergies. Id.
Ashraf, M.D., evaluated Plaintiff on December 23, 2014.
Id. at 3-5. Dr. Ashraf recommended Plaintiff change
from a cardio-vascular diet to a regular diet as he had no
history of cardiac issues. Id. Examination was
normal and Plaintiff was directed to follow up in three
months. Plaintiff did not offer any complaints of allergies
or symptoms related to allergies. It was noted that his
asthma was well controlled but triggered by dust or allergy
symptoms. Id. at 3.
of 2016, Plaintiff submitted two sick call requests
complaining that his blood was not circulating properly when
he slept on his “nylon-polyester” mattress and
accordingly, he slept on the floor. Id. at 6-7. He
also indicated he could not sleep on plastic. Id. He
was seen by Ricky Moyer, R.N. on June 22, 2016. Id.
at 8-9. No signs or symptoms of distress were observed.
Id. Moyer noted that there was no prior history of
Plaintiff having difficulty with his mattress. Plaintiff was
advised that his mattress could not be changed and that his
blood work was within normal limits. Id. at 8.
was seen by Krista Bilak, R.N.P., on July 1, 2016 and
September 23, 2016, for regular chronic care visits. Med.
Recs. 10-17. Plaintiff's chronic conditions were noted to
be controlled and his examinations were otherwise
unremarkable. Plaintiff did not express any complaints
regarding allergies to his bedding, metal, or other
materials. Id. He was scheduled to return to the
chronic care clinic in three months. Id.
submitted a sick call slip on October 25, 2016, complaining
that his body became numb when resting on his bunk and that
sleeping on his bunk caused his blood to not circulate
freely. Med. Recs. 18. He was seen on October 27, 2016, by
Bilak for a scheduled follow-up regarding a urine culture.
Id. at 19-20. Bilak advised Plaintiff that his
urinary problems were related to his prostatic hyperplasia
and his medication was increased. Id. at p. 19. At
that time Plaintiff requested a “thicker”
mattress due to chronic pain which he associated with poor
circulation caused by the bedding. Bilak advised Plaintiff
that the mattress was “a custody issue.”
Id. She did not note any complaints or findings
regarding an allergic condition. Id. at 19-20.
filed a sick call slip on November 2, 2016, seeking a medical
order to sleep on the floor to address his circulation
issues. Id. at 21. Katrina Opel, R.N. saw Plaintiff
on November 4, 2016. Id. at 22. Plaintiff told Opel
that he wanted a medical order that allowed him to sleep on
the floor: that he “like[d] sleeping on the floor
because it [was] better for [his] circulation.”
Id. Opel advised Plaintiff that sleeping on the
floor was “a custody issue” and that
“[c]ustody stated that they don't care if
[Plaintiff] sleeps on the floor.” Id.
Plaintiff did not report suffering from allergies and did not
attribute his desire to sleep on the floor to issues with
allergies. Id. at 22-23.
November 19, 2016, Plaintiff filed a sick call slip
indicating he felt numbness when he slept on his bunk and
requesting he be seen by a doctor and be provided a single
cell. Med. Recs. 26. Bilak saw Plaintiff on November 25,
2016, for a routine examination. Id. at 24-25. The
examination was unremarkable and Plaintiff did not raise any
concerns at that time regarding allergies or issues sleeping
in his bunk. Id.
Ashraf, M.D. evaluated Plaintiff for a scheduled chronic care
clinic on December 15, 2016. Id. at 27-30. The
doctor conducted a full examination and did not note any
abnormalities or specific changes in Plaintiff's chronic
health conditions; Plaintiff did not raise any concerns
regarding allergies during the examination. Moreover, Dr.
Ashraf did not make any clinical finding regarding allergies.
January 1, 2017, Plaintiff submitted a sick call slip
requesting to see the doctor due to poor circulation. Med.
Recs. 31. It was noted that he had been evaluated by a
physician on December 15, 2016. Id. Patricia Rose,
R.N. evaluated Plaintiff on January 4, 2017. Id. at
32. Plaintiff expressed concern that his lower legs often
swelled. She noted there was no evidence of ankle or leg
edema present but also noted “1-2 plus pitting edem[a]
noted.” Id. Palpable but faint pulses were
observed with good capillary refill. Id. Plaintiff
told the nurse that the swelling occurred when he touched
plastic or metal. Id. The nurse referred Plaintiff
to a provider and advised him to elevate his feet.
Id. at 33.
January 4, 2017, Plaintiff submitted another sick call slip
requesting to see a doctor due to swelling in his legs and
knees. Durst Decl. & Recs. 15, ECF No. 19-2. It was again
noted that Plaintiff had seen a physician on December 15 and
the registered nurse on January 4, 2017, and a referral to
the provider was pending. Id. On January 6, 2017,
Plaintiff again submitted a sick call request indicating that
he needed to see a doctor due to his allergies to metal and
polyester. Durst Decl. & Recs. 14; Med. Recs. 34. He made
a request to see an allergist. Id. On January 11,
2017, Plaintiff was seen by Bilak due to his complaints of an
allergic reaction to metal and requests for a single cell.
Durst Decl. & Recs. 8; Med. Recs. 35. Bilak noted that
Plaintiff requested a single cell so that he could sleep on
the floor. Med. Recs. 35-36. Plaintiff was advised that a
single cell was not warranted and he left the ...