Wellons v. Townley
Wellons v. Townley
Opinion of the Court
MEMORANDUM OPINION
Plaintiff William Wellons is currently confined in the Bland Correctional Center in Bland, Virginia. He proceeds pro se in the present action, seeking remedy for alleged violations of his constitutional rights as provided by 42 U.S.C. § 1983. Essentially, he complains that a dentist attempted to extract one of the plaintiff’s teeth, but that he failed to remove the tooth. As a result, the plaintiff alleges that he suffered “extreme dental pain and irritation which caused additionally mental anguish, and still after adequate emergency extraction by the dental department at Virginia State Penitentiary.” The plaintiff, as a consequence of the above-stated facts, concludes that the dentist utilized by the correctional unit mistreated him in a manner that should invoke constitutional cognizance.
The defendants responded in their motion to dismiss, denying that the plaintiff was
Following his receipt of the Roseboromandated notice, the plaintiff submitted additional pleadings. The plaintiff states thát Dr. Harris, who he later named as a' party defendant, committed a constitutionally actionable act in sending the plaintiff back to the correctional unit when he still suffered pain from the earlier attempted medical care. In this regard, the plaintiff asserts that Harris left the plaintiff in a painful condition, at least once the sedation was no longer effective. The plaintiff apparently asserts that Dr. Harris attempted to remove two of his teeth, but that he later aborted his attempt and left the plaintiff in a state of pain. The plaintiff suggests that Dr. Harris was guilty of malpractice in not prescribing some medication or not providing for emergency treatment for “severe pain, agony, and mental anguish.” The plaintiff responds that he did not cooperate in being transported to the dentist on November 13th because the shoes that the prison officials insisted that he wear were small. Apparently, the plaintiff received final treatment one week later at the Virginia State Penitentiary. See “Plaintiff Rebuttal to Motion to Dismiss,” p. 2.
In adjudging the plaintiff’s claims, this court is cognizant that his pro se complaint is entitled to a liberal construction. However, when it is apparent that the petitioner could prove no set of facts of constitutional consequence, it is inappropriate, and indeed futile for the court to grant him an opportunity to present supporting evidence. Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972); Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir.) cert. denied 439 U.S. 970, 99 S.Ct. 464, 58 L.Ed.2d 431 (1978).
The crux of the case at bar centers on the standard under the Eighth Amendment governing the quality of medical services that constitutionally must be afforded an inmate.
It is well established that a prisoner’s complaint that medical personnel have been negligent in treating or diagnosing a medical disorder does not itself violate the Eighth Amendment’s proscription against cruel and unusual punishment. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). The standard that triggers constitutional protection and this court’s scrutiny requires that “a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs.” Id. at 106, 97 S.Ct. at 292. When, as in the present case, the plaintiff’s disagreement with the dentist’s failure to prescribe additional medication is equivalent to a simple disagreement with an informed medical judgment as to whether further medication or sedation was required, the plaintiff has no federal remedy. Russell v. Sheffer, 528 F.2d 318 (4th Cir. 1975). Questions of medical judgment are not subject to this court’s review. Id. at 319. Thus, any claim of malpractice that does not rise to serious indifference, as is the case in the present circumstances, does not state a cognizable claim. Estelle v. Gamble, supra, 429 U.S. at 106, 97 S.Ct. at 292.
Reference
- Full Case Name
- William McArthur WELLONS v. W. J. TOWNLEY, Superintendent Dental Department, Halifax Correctional Unit 23
- Status
- Published