United States District Court, S.D. Mississippi, Northern Division
LINDA R. ANDERSON, Magistrate Judge.
This cause is before the Court on Defendant Dr. Kyle Bateman's Motion to Dismiss  filed on February 14, 2014. The remaining Defendants have also filed a Motion for Summary Judgment , but that motion will be considered in a separate Opinion. Because the Court has considered the omnibus testimony of Wheeler, the Court shall consider the Motion to Dismiss under the standards used for summary judgment motions. The Court has also considered Plaintiff Johnnie Earl Wheeler's claims under 28 U.S.C. § 1915(e)(2), utilizing his sworn testimony at the April 16, 2014, omnibus hearing conducted under the authority of Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).
Plaintiff Johnnie Earl Wheeler was incarcerated in the Lincoln County Jail ("LCJ") from December 1, 2011, through May 10, 2012, and then again from June 4, 2012, through January 31, 2013. Wheeler asserts that he was not provided appropriate medical care for his Type II diabetes. He acknowledges that he was provided some medical care by Defendant Nurse Doss but contends the care was not adequate. He complains that Defendant Dr. Bateman should have treated him but did not. Nurse Doss, a Licensed Practical Nurse at LCJ, provided Wheeler's medical care, but she worked under the supervision of Dr. Bateman, a local physician. Wheeler's initial Complaint did not name Dr. Bateman as a defendant. He was allowed to amend to sue Dr. Bateman on his pleading filed August 27, 2013 . In this pleading, Wheeler makes these allegations against Dr. Bateman:
On December 10, 2012, my sugar level was 257 almost double what it should be so on December 14, 2012, I wrote another medical form to Mrs. Lori Doss. My sugar level was 333; this was 12-19-2012. Plaintiff had been sick since 12-9-2012. I was having headaches, cold chills, vomiting and poor vision problems.
Mrs. Doss informed me that she had to speak to doctor Bateman to go to the doctor;
Mrs. Doss said that all medical forms went to Dr. Bateman, but he was on vacation out of the country and wouldn't be back in about a month. Because my sugar level was 333, Mrs. Doss gave me a shot to bring my sugar down. Dr. Kyle Bateman never checked me or talked to me. Then in December 2012, he changed my diet from a 2200 calorie diet to an 1800 calorie diet. From June 2012 until January 31, 2013, I have not had one: A1C diabetic check.
[13, pp. 3-4].
At the omnibus hearing, Wheeler explained his claims against Dr. Bateman as follows:
I had explained this to Ms. Doss. I explained it to the sheriff, and I explained- I didn't get a chance to explain it to Mr. Bateman because I had never seen Mr. Bateman. Mr. Bateman never worked on me or talked to me or discussed anything with me concerning my diabetes. I never got A1C or anything from Dr. Bateman. So I really didn't know him and didn't know how to get in touch with him. But I was informed that all of my medical forms was going to Dr. Bateman, but I never got an answer from that....
[Doss] was a part-time nurse.... And everything submitted to her went to Dr. Bateman. But like I said, I never knew Dr. Bateman at all. So I can't really say anything personal other than he didn't check me or he didn't have me to go through certain tests at the hospital or so forth with these diabetes because I was in bad shape. And I knew that he should have known because I had went to the hospital.
[38-2, pp. 10-11].
Plaintiff testified that he had had no direct contact with Dr. Bateman of any kind and was never treated by him. However, he charges that Dr. Bateman was over the jail and he was told that Dr. Bateman reviewed his records. According to Wheeler, Dr. Bateman should have treated him.
Liberally construed, the Court will interpret the Complaint as setting forth a claim that Dr. Bateman's actions or inactions violated Plaintiff's ...