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Smith v. Municipality of Lycoming County

June 27, 2006

STEVEN SMITH, PLAINTIFF
v.
THE MUNICIPALITY OF LYCOMING COUNTY, ET AL., DEFENDANTS



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

MEMORANDUM

Presently before the court is the motion to dismiss (Doc. 16) the complaint filed on behalf of defendants Lycoming County, Lycoming County Prison Board, Warden David Desmond, and Nurses Catherine Lynch and Kim Poorman. For the reasons set forth below, the motion will be granted in part and denied in part.

I. Statement of Facts

Plaintiff Steven Smith ("Smith") was committed to the Lycoming County Prison on October 5, 2002, with a history of the following medical conditions: Hepatitis A, B, and C; Herpes Simplex 1 and 2; genital warts; positive test for Tuberculosis; compromised immune system from removal of spleen; and bowel problems resulting from a recent bowel obstruction surgery. (Doc. 1, p. 20). He first voiced complaints about a number of ailments on November 1, 2002, but allegedly was ignored.

On December 12, 2002, he was transferred to the State Correctional Institution at Camp Hill, where he remained until February 25, 2003. Upon his return, he disagreed with the course of treatment prescribed by the intake physician. Over the next several months, he was seen in the medical department for a whole host of complaints. On June 5, 2003, he was transferred to the State Correctional Institution at Camp Hill (Doc. 1, p. 24), where he remained until September 15, 2003, when he was transferred to the State Correctional Institution at Albion (Id.). He was transferred back to Lycoming County Prison on September 25, 2003. (Doc. 1, p. 25).

Upon his return to the defendants' facility, his prescriptions from the State Correctional Institution at Albion were purportedly stopped by order of the physician. Smith subsequently lodged a number of complaints concerning the denial of his medication.

On September 28, 2003, he requested to see a doctor for complaints of lesions, headaches and excessive dandruff. (Doc. 1, p. 26). He was seen on October 10, 2003, and was given a medicated shampoo.

On October 19, 2003, he requested an "anti-viral" medication to control his Herpes outbreaks. He was informed that he was on the "med list." (Id.). He was later given the requested medication.

On October 23, 2003, Smith requested to see a doctor for complaints of weakness, skin problems and pain in his back and stomach. He was informed that he was on the list to see the doctor on October 30, 2003.

Over the next several months, Smith sought treatment for a number of ailments including pain in his testicles, bowel pains, skin problems, sore throat and exhaustion. He was seen by the doctor on each occasion. (Doc. 1, p. 27). Defendant Lynch also treated him during this time frame.

In February, he filed grievances with the medical department, defendant Lycoming County Prison Board, defendant Desmond, and Deputy Warden Deparlos, concerning the lack of treatment. (Doc. 1, pp. 26, 28). Smith claims that he received no responses to these grievances. (Doc. 1, p. 35).

On March 2, 2004, he was taken to the hospital for scabby sores that bled to the touch, red lesions, passing blood from his urethra and painful spasms in his lower bowel. (Doc. 1, p. 29). He was prescribed an antibiotic and a biopsy was ordered. Smith acknowledges that the treatment regimen was effective, but asserts that the biopsy was never scheduled. (Doc. 1, p. 30). He made a specific request of the medical department to schedule the biopsy. According to Smith, this request was ignored. (Doc. 1, p. 31).

On four separate occasions in April, and in early May, he requested medical treatment for a myriad of problems. It is unclear whether he ever received treatment. However, on May 11, 2004, he alleges that he "required emergency intervention at a hospital" for severe abdominal pain. (Doc. 1, p. 32).

Ultimately, Smith contends that defendants Lynch and Poorman engaged in a pattern of interfering with and ...


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