United States District Court, W.D. Virginia, Roanoke Division
Jackson L. Kiser Senior United States District Judge
Eugene Bowles, a Virginia inmate proceeding pro se, commenced
this action pursuant to 42 U.S.C. § 1983 against the
sole defendant, Nurse D. Wells. Plaintiff alleges that Nurse
Wells was deliberately indifferent to his serious medical
needs, in violation of the Eighth Amendment of the United
States Constitution, at River North Correctional Center
("RNCC"). Nurse Wells filed a motion to dismiss, to
which Plaintiff responded, making this matter ripe for
disposition. After reviewing Plaintiffs submissions, I grant
in part and deny in part the motion to dismiss.
presents three brief claims in the complaint. Plaintiff first
writes, "Deliberat[e] indifference to a serious medical
need. In Orientation Manuals [, ] insulin is to be giv[en] to
insulin dependent diabetics before chow at 5:00 to 6:00 am by
night nurse." Plaintiff next writes, "Was told my
insulin was changed per doctor signed by Nurse Wells. All
papers show wrong doing on medical that is run by Nurse Wells
to department is working on insulin problem for 22 month[s]
now. Since I been here school chow is more important here
than health." Lastly, Plaintiff writes, "Bathroom
pass gave by doctor for medical reason and taken back by
security not allowed to use pod restroom. Have had to stop
taking three meds not allowed to use my toilet but ever[y]
hour on the hour when at pod rec[reation] or at programs[.]
Being a diabetic[, ] I need to go a lot for fluid reasons as
well as medical won't allow access to pod restroom at
all." Plaintiff requests $50, 000 and equitable relief.
letter attached to the complaint, Plaintiff complains,
inter alia, that he gets filters, but not new parts
and distilled water, for his CPAP machine and does not get
inserts for medial shoes. He also complains about
correctional officers generally and believes "they"
discriminate "against anyone in a wheelchair."
also filed grievance records and an operating policy in
support of the complaint. In sum, these documents reflect
that Plaintiff believes the doctor should not have changed
his insulin administration to 7:00 a.m., which was after
breakfast instead of before breakfast. Plaintiff argues that
"anyone who is a nurse should know you don't eat
then take insulin cause you [have] to ... take more."
Wells responded to an informal complaint in November 2015,
noting the change in time and telling Plaintiff, "If you
would like to discuss this with the doctor, please submit a
request for service." On a request for services form
from January 2016, a nurse noted that Plaintiffs insulin
order "does not state give before you eat. The order
reads just to be given in the morning. When the nurse arrives
you have the option to show up or not to show up. This is
informal complaint dated, January 4, 2017, Plaintiff wrote,
"For the past months, I've been getting my morning
insulin sometimes hours after I've ate. It's hard for
me to keep taking it this way. I'm getting dizzy, sick to
my stomach, agitated with the highs and lows from taking
insulin late in [morning].... [H]aving nothing to eat makes
me sick and agitated from highs and lows." Nurse Wells
responded a few days later, stating, "A review of your
past glucose recordings have shown your sugar to be stable
with the exception of two occasions during the past 45 days.
You may request sick call to discuss changing your regimen
with the doctor."
informal complaint dated February 15, 2017, Plaintiff wrote:
Today... medical has yet to give me my morning insulin before
I eat breakfast. You are const[a]ntly late at giving me my
insulin making me sick. You said or changed my order to 7:00
a.m. that still don't happen.... Fix this problem. Give
me my insulin when I'm supposed to get it.
Wells responded on March 1, 2017, noting, "The medical
department is working with Dr. Stevens to initiate a new
insulin and blood sugar schedule."
was informed via a grievance response that all bathroom
passes were had been revoked on September 29, 2016. The
prison's administration had determined that "[a]n
overwhelming amount of offenders were abusing the use of
their bathroom pass by entering and exiting their cells
numerous times during pod recreation, trading their ...