Opinion
Case No: 2:20-cv-105-SPC-MRM
02-04-2021
WENDALL HALL, Plaintiff, v. TAMMY LAMAR, CATHERINE COSGRAVE and NURSE WILLIAMS, Defendants.
Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink's availability and functionality, and a failed hyperlink does not affect this Order. --------
Before the Court are Plaintiff Wendall Hall's Motion for Urgent or Expeditious Motion for Preliminary Injunction or Hearing (Doc. 39) and Supplemental Motion for Emergency Preliminary Injunction or Emergency Hearing (Doc. 40). The Court determined the initial Motion did not warrant emergency handling but ordered an expedited response after reviewing the Supplemental Motion. Defendants promptly filed a Response. (Doc. 42).
This is a civil rights case based on alleged deliberate indifference to serious medical need. Hall—a detainee at Florida Civil Commitment Center (FCCC)—sues three members of the FCCC nursing staff. (Doc. 29). In his initial motion for a preliminary injunction, Hall claims that in December 2020 and January 2021 FCCC medical officials ignored his sick call requests and refused to treat injuries to his hand and jaw. He blames two nurses—Shaw and Patrick—who are not parties to this case. In support of his Motion, Hall submitted five sick call requests, two resident communication forms, and a grievance. Only one of these documents (a resident communication form) includes a response from a FCCC official. Hall's Supplemental Order claims that two other non-party nurses—Mack and Byrne—refused to provide him with catheters he needs to urinate.
Defendants' Response and supporting affidavits and exhibits paint a very different picture. Hall first complained about his left pinky on December 28, 2020. An FCCC medical secretary responded the next day that an appointment was scheduled. On December 30, 2020, Hall saw Dr. Herrera, who prescribed painkillers, ordered an x-ray of Hall's left hand, and scheduled a follow-up appointment. The x-ray was completed on January 5, 2021, and was negative.
Hall submitted another sick call request on January 8, 2021, complaining of hemorrhoids and finger pain. Defendant Cosgrave examined Hall on January 11, 2021. Hall was able to move his left pinky and did not complain of pain during the examination. Cosgrave determined the finger was not an emergent medical condition and told Hall she would ask the outside physical therapist to examine the finger the next time the therapist was at FCCC. Hall did not complain of jaw pain.
Cosgrave reviewed Hall's medical file, which revealed that he received a 30-day supply of catheters on January 3, 2021, and another 30-day supply on January 25, 2021. Hall did not request more catheters between those dates. On January 17, 2021, Hall asked Mack for more lubricant for his catheters. Mack noticed that Hall had three packets of lubricant in his hand and advised him to return when he was down to one packet. After that encounter, Mack advised an officer that Hall makes frequent unauthorized trips to the medical department, and the officer agreed to talk to Hall about it.
The evidence submitted by Defendants wholly refute the claims in Hall's Motion and Supplemental Motion. What is more, the evidence show that Hall likely fabricated most of the exhibits he submitted. For example, Hall's Exhibit A is a sick call request dated December 29, 2020. In the "Nature of problem" field, Hall requests to see a doctor and complains his finger is painful and will not bend. (Doc. 39-1 at 1). The "Response" field is blank, as is the space where triage staff would initial the form upon receipt. Defendants' Exhibits E, F, and G appear to be genuine sick call requests Hall submitted on December 28 and 29, 2020. (Docs. 42-5, 42-6, and 42-7). They contain similar complaints about Halls finger. But unlike Hall's Exhibit A, they also contain initials from triage staff showing they were received and responses indicating that an appointment with Dr. Herrera was scheduled for December 30, 2020.
Hall's Exhibits B and C are sick call requests dated December 30, 2020, and January 6, 2021. They do not request medical treatment. Rather, in the "Nature of problem" fields, Hall accuses FCCC staff of ignoring and denying other sick call requests and threatens to "file another lawsuit." (Doc. 39-1 at 2-3). Like Hall's Exhibit A, they are not initialed by triage staff, suggesting Hall never submitted them. Hall's Exhibits G and H are sick call requests dated December 5, 2020, and December 31, 2020, complaining of jaw pain. They are initialed to show receipt by triage staff, but Cosgrave suggests that Hall forged the initials. Cosgrave testified that the two requests are not in Hall's medical file, and that the triage staff confirmed they were never submitted. (Doc. 42-1 at 2-3).
It appears that Hall has attempted to defraud the Court. He submitted his exhibits to show that FCCC medical staff ignored his sick call requests. Had Hall submitted the genuine sick call requests, they would have shown that FCCC staff promptly replied and scheduled an appointment with a doctor. So instead, he fabricated evidence. Federal Rule of Civil Procedure 11 allows the Court to impose sanctions in such situations after notice and a reasonable opportunity to respond. The Court will thus allow Hall 14 days to show cause why he should not be sanctioned for filing fabricated evidence to support a false accusation.
Accordingly, it is now
ORDERED:
(1) Plaintiff Wendall Hall's Motion for Urgent or Expeditious Motion for Preliminary Injunction or Hearing (Doc. 39) and Supplemental Motion for Emergency Preliminary Injunction or Emergency Hearing (Doc. 40) are DENIED.
(2) Plaintiff Wendall Hall must SHOW CAUSE in writing, on or before February 29, 2021, why the Court should not sanction him for filing fabricated evidence.
DONE and ORDERED in Fort Myers, Florida February 4, 2021.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE SA: FTMP-1 Copies: All Parties of Record