United States District Court, D. Nebraska
MEMORANDUM AND ORDER
Richard G. Kopf Senior United States District Judge
This matter is before the court upon review of Plaintiff’s Amended Complaint. (Filing No. 16.) For the reasons explained below, some of Plaintiff’s claims will be permitted to proceed to service of process.
On November 19, 2015, Plaintiff, who is incarcerated in the Lincoln Correctional Center (“LCC”), filed suit against his prison’s director, Scott Frakes, the prison’s warden, Mario Peart, as well as other individuals purportedly involved with his medical treatment during his present confinement. (Filing No. 1.)
Plaintiff alleged that medical staff at LCC did not respond appropriately when he began experiencing chest pains, nausea, dizziness, and shortness of breath. He claimed that he suffered a heart attack, but that medical personnel ignored his complaints and did not recognize his ailment until days later.
This court conducted an initial review of Plaintiff’s Complaint on March 18, 2016. (Filing No. 13.) The court concluded that Plaintiff had failed to state a cognizable claim under 42 U.S.C. § 1983 because he did not indicate that any of the named defendants were personally involved in the events described in the Complaint.
The court further found that Plaintiff’s claims were barred by the Eleventh Amendment because Plaintiff had not specified whether he was suing the individual Defendants in their official or individual capacities.
The court granted Plaintiff leave to amend his complaint. Plaintiff filed his Amended Complaint on April 20, 2016. (Filing No. 16.)
II. SUMMARY OF AMENDED COMPLAINT
Plaintiff’s Amended Complaint only names Stephanie Snodgrass (“Snodgrass”), April Rollins (“Rollins”), and Carolyn Moore (“Moore”) as Defendants. (Filing No. 16.) Plaintiff maintains that Defendants are all nurses in the medical unit at LCC. Liberally construed, Plaintiff maintains that Defendants were deliberately indifferent to his medical needs in violation of his Eighth Amendment rights.
Plaintiff claims that on August 11, 2015, he began experiencing chest pains, nausea, dizziness, and shortness of breath. He was taken to the medical until and examined by Moore. After he reported his symptoms to Moore, she took his vitals, performed a blood sugar test, and gave him juice. His blood sugar levels were normal. He informed Moore that he still felt weak, but she sent him back to his unit. Plaintiff maintains that Moore failed to notify medical personnel capable of treating his condition and that her failure to seek immediate treatment constituted deliberate indifference.
Plaintiff further alleges that he returned to the medical unit the next day because his condition had not improved. When he arrived, he made multiple attempts to speak to Snodgrass and Rollins, but they ignored him. He was given a medical request form to complete. Plaintiff inquired whether he would be seen that day and Snodgrass told him that he would be “seen when they see me.” (Filing No. 16 at CM/ECF p. 2.) Plaintiff again told Rollins that there was something wrong, but she did not respond and sent him back to his unit.
Plaintiff alleges that he did not receive additional medical care until the EMT’s were called for him five days later. He asserts that due to Defendants’ deliberate indifference, he endured unnecessary ...