Opinion
Civil No. 06-5053.
May 8, 2006
ORDER
Plaintiff's complaint was filed in this case on March 30, 2006. Before the undersigned is the issue of whether the complaint should be served. In order to assist the court in making such determination, it is necessary that plaintiff provide additional information with respect to her claims.
Accordingly, it is ordered that plaintiff, Renee S. Torres, complete and sign the attached addendum to her complaint, and return the same to the court by June 5, 2006. Plaintiff is advised that should she fail to return the completed and executed addendum by June 5, 2006, her complaint may be dismissed without prejudice for failure to prosecute and/or for failure to obey an order of the court.
IT IS SO ORDERED.
ADDENDUM TO COMPLAINT
TO: RENEE S. TORRESThis form is sent to you so that you may assist the court in making a determination as to the issue of whether your complaint should be served upon the defendant. Accordingly, it is required that you fill out this form and send it back to the court by June 5, 2006. Failure to do so will result in the dismissal of your complaint.
The response must be legibly handwritten or typewritten, and all questions must be answered completely in the proper space provided on this form. If you need additional space, you may attach additional sheets of paper to this addendum.
RESPONSE
In your complaint, you allege your are being denied a proper diet and proper medication for "Chrones Disease." You also state you fell and hurt your knee on March 18, 2006, and believe your knee may be broken. You state that you have not gotten any medical attention for your knee.
1. Provide the dates of your incarceration at the Washington County Detention Center (WCDC).
Answer:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
2. Please state why you were booked into the WCDC. For instance, were you being charged with a criminal offense, or serving a sentence, or was your probation or parole being revoked?
Answer:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
3. You have named the Washington County Detention Center as a defendant. The jail is a building and not a person subject to suit under § 1983. Did you intend to name any individuals as defendants?
Answer: Yes ________ No ___________.
If you answered yes, please list each individual you intended to name as a defendant and state how he or she violated your federal constitutional rights.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
4. You state you have "Chrones Disease." Do you mean Crohn's Disease? Crohn's Disease is a disorder causing inflammation of the digestive tract,
Answer: Yes ___________ No ___________.
If you answered yes, please state: (a) when you were first diagnosed with this disease; (b) how you were diagnosed with the disease; (c) what doctor made the diagnosis; and (d) prior to your incarceration prescribe any daily treatment you were involved in because of the disease.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
If you answered no, please describe for the court "Chrones Disease." In doing so, please state: (a) when you were first diagnosed with the disease; (b) what symptoms you experienced; (c) who diagnosed you with the disease; and (d) prior to your incarceration, what type of daily treatment you were on because of the disease. ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
5. You state you have not been given a proper diet and proper medication for your disease.
(A). Have you been to see the jail doctor or jail nurse about your disease?
Answer: Yes _________ No ___________.
If you answered yes, please state: (a) who you saw; (b) what treatment you received; (c) whether you requested a special diet; (d) what type of medication you believe you need; and (e) what response you received from the medical personnel at the WCDC.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
If you answered no, please state whether you have submitted written requests to see the jail doctor or jail nurse about your disease. If you have submitted written requests, please state what response you received. If you did not submit written requests, please explain why you did not.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
(B). Have you suffered any physical injury as a result of not receiving a different diet or medication for your disease?
Answer: Yes _________ No ___________.
If you answered yes, please describe: (a) the physical injury you suffered; (b) the symptoms you experienced; (c) the severity of those symptoms; (d) whether you sought, or received, medical care for the injury; and (e) how long it took you to recover from the injury.
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
6. You have alleged you hurt your knee on March 18, 2006. As of the date you signed your complaint on March 19th, you stated you had not received medical care. Please state: (a) how you injured your knee; (b) what time the injury occurred on March 18th; (c) when you first made jail personnel aware of the injury; (d) whether you were given any type of treatment then or if your knee was looked at; (e) when you first requested medical care; (f) whether you were seen by the jail nurse or jail doctor; (g) what treatment you received from the jail doctor or jail nurse; and (h) whether you were taken to the hospital or other medical facility.
Answer:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
7. Who refused your requests for medical care?
Answer:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
I CERTIFY THAT THE INFORMATION CONTAINED HEREIN IS COVERED BY THE VERIFICATION MADE BY ME ON MY INITIAL COMPLAINT.
___________________________ RENEE S. TORRES
___________________________ DATE