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Wheeler v. Doss

United States District Court, S.D. Mississippi, Northern Division

December 29, 2014

JOHNNIE EARL WHEELER, #32067, Plaintiff,
v.
LORI DOSS, ET AL., Defendants.

MEMORANDUM OPINION AND ORDER

LINDA R. ANDERSON, Magistrate Judge.

This cause is before the Court on the Motion for Summary Judgment filed by the remaining Defendants, Lori Doss and Sheriff Steve Rushing [38].

I. Facts

The facts are set out in the Court's prior opinion [43] dismissing Defendant Bateman. To summarize, 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 admits that he was provided some medical care by Defendant Nurse Doss, but contends the care was not adequate. Nurse Doss, a Licensed Practical Nurse at LCJ, provided Wheeler's medical care under the supervision of Dr. Bateman, a local physician.

Wheeler's initial Complaint did not name Nurse Doss or Sheriff Rushing as a defendant. By Order dated August 29, 2013 [14], he was allowed to amend to sue Nurse Doss and Sheriff Rushing by his pleading filed August 27, 2013 [13]. In this pleading, Wheeler makes these allegations against Nurse Doss and Sheriff Rushing:

Prior to: May 9, 2012; I submitted a medical form to Mrs. Lori Doss, because my sugar had been going up and down. I was feeling bad. No response.
On December 4, 2012 I wrote Mr. Steve Rushing about my medical, and diet situation, and receive no response.
....
On, December 10, 2012, my sugar level was 287 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; XX-XX-XXX. 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 [sic] be back in about a month.
Because my sugar level was 333, Mrs. Doss gave me a shot to bring my sugar down.

[13] at 3-4.

At the omnibus hearing, Wheeler explained his claims against Nurse Doss and Sheriff Rushing as follows:

Well, I was having problems with my diabetes, and I think it was November of 2012. And I didn't ...

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