United States District Court, D. Delaware
Wenzke, James T. Vaughn Correctional Center, Smyrna,
Delaware. Pro Se Plaintiff.
Spring Monzo, Esquire, and Karine Sarkisian, Wynn, Esquire,
White & Williams, Wilmington, Delaware. Counsel for
NOREIKA, U.S. DISTRICT JUDGE:
Adam Wenzke (“Plaintiff), who appears pro se
and was granted permission to proceed in forma
pauperis, is an inmate at the James T. Vaughn
Correctional Center (“JTVCC”) in Smyrna,
Delaware. He filed this lawsuit pursuant to 42 U.S.C. §
1983. (D.I. 3). The original Complaint was
dismissed upon screening and Plaintiff was given leave to
amend. (D.I. 12, 13). Plaintiff timely filed an Amended
Complaint. (D.I. 15, 16). Before the Court is Defendants'
motion to dismiss the Amended Complaint. (D.I. 25). Briefing
original Complaint alleged that Defendants were deliberately
indifferent to Plaintiffs serious medical needs and he was
denied his right to equal protection when he was refused
medical care, prison employment, and educational and computer
classes. The Complaint was dismissed and Plaintiff was given
leave to amend the mental health/medical needs claims. (D.I.
13). Plaintiff has filed an Amended Complaint with two
supplements. (D.I. 15, 16, 31).
alleges that thirteen years ago he was diagnosed with
bi-polar disorder, depression, and anxiety. (D.I. 15 ¶
2). Over the years he has tried “just about every
mental health medication” so he knows first-hand what
works for him and what does not work for him. (Id.).
On March 29, 2016, Plaintiff was transferred from Howard R.
Young Correctional Institution to the JTVCC. (Id.
¶ 1). When Plaintiff arrived at JTVCC, he spoke to
mental health and was told he would be seen by a mental
health physician because his medication was causing side
main complaint is that health care providers will not provide
him the type of medication he requested. (Id.
¶¶ 3, 4). Instead he is prescribed medication the
mental health care providers believe is appropriate for
Plaintiff. (Id. ¶¶ 3, 4, 8, 9). Plaintiff
alleges that he suffered side-effects from the medication
prescribed. (Id. ¶ 4). At one point, Plaintiff
stopped taking his medication due to the side-effects.
(Id. ¶ 5).
August 28, 2017, Plaintiff was told that he was scheduled to
be seen by Defendant Susan Mumford (“Mumford”)
and he was seen by her on September 14, 2017. (Id.
¶ 15). She prescribed a new medication (Cymbalta) which
Plaintiff agreed to take “against his better
judgment.” (Id. ¶¶ 16, 35).
Plaintiff alleges that during the visit Mumford stated that
she did not think Plaintiff was bi-polar anymore and
expressed concern about different diagnoses and treatments of
different health care providers. (Id. ¶¶
17, 34). Within two weeks, Plaintiff began having side
effects from the medication prescribed by Mumford.
(Id. ¶ 18). Plaintiff complained to a mental
health counselor about the medication and the counselor told
Plaintiff he would see if a medication could be prescribed
for the side effects, but nothing happened. (Id.).
continued to complain about side effects throughout October
and November 2017, and he also wrote to Mumford.
(Id. ¶¶ 20, 21, 35). He saw Mumford on
November 20, 2017, and she told Plaintiff to stop taking the
medication. (Id. ¶¶ 23, 36). Plaintiff
asked Mumford to prescribed Wellbutrin which Plaintiff has
found works best for him (in combination with other
medications), but Mumford prescribed a different medication
(Trazadone), a drug Plaintiff had originally asked for but
was told the “policy” was to not give Wellbutrin.
(Id. ¶¶ 6, 23, 24).
though he stopped taking it, Plaintiff continued to have side
effects from Cymbalta and complained in writing to Mumford.
(Id. ¶ 25). Plaintiff alleges that mental
health knew of Cymbalta's side effects and of his
complains that even though he stopped taking the medication
months ago he continues to experience the side effects.
(Id. ¶¶ 33, 37). After reading a basic
pharmacology book, Plaintiff self-diagnosed tardive
dyskinesia and tardive akathisia. (Id. ¶ 19).
Plaintiff alleges that when Mumford later prescribed
Trazadone it stopped working after ten days, and Mumford
promised to raise the dosage. (D.I. 16 at 2). Plaintiff
alleges that he has been promised this before and it has
never happened. (Id.).
alleges that he was switched to a new doctor he identifies as
mental health Defendant Dr. Moses
(“Moses”). (D.I. 15 ¶ 38). Moses provided
Plaintiff information about his mental health condition and
told Plaintiff that if other mental health providers were not
going to treat Plaintiff then neither could he. (Id.
¶ 38). Plaintiff continued to be seen by Moses from whom
he requested mental health treatment. (Id. ¶
40). Plaintiff requested medication to treat the side effects
from Cymbalta and Moses told Plaintiff that he was not going
to prescribe any medication “at this time.”
(Id. ¶ 40).
was examined by a dentist on May 21, 2018, who recommended a
mouth guard for sleeping to ease Plaintiff's side
effects. (Id. ¶ 39). Plaintiff was told that if
the mouth guard was approved it would take two to four weeks
“if” they were going to order one.
(Id.). Plaintiff alleges that dental ordered the
night guard, but it only partially works. (D.I. 16 at 3).
Plaintiff alleges that dental ordered the wrong guard and
will not change it. (Id.).
alleges that Defendant mental health director Paola Munoz
(“Munoz”) failed to respond to his letters
complaining of his mental health treatment and asking for
help, although Munoz responded to Plaintiff's request for
an affidavit of merit. (D.I. 15 ¶¶ 11, 13, 26, 27,
29, 35). Plaintiff alleges that Munoz has known about his
situation for over a year and has ...