United States District Court, M.D. Florida, Fort Myers Division
OPINION AND ORDER 
SHERIPOLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiff James Daryl
West's Motion for Emergency Telephonic Hearing Construed
as a Motion for a Preliminary Injunction (Doc. #24),
filed on July 18, 2017.
filed an Amended Complaint (Doc. #21) on May 15,
2017, alleging violations of his Eighth Amendment rights to
be free from cruel and unusual punishment due to deliberate
indifference of his medical needs. West alleges that
Defendants' deliberate indifference to his medical needs
has caused damage to his lower back, right knee, and right
alleges that he was in a bus accident while being transferred
by the FDOC. Since that accident, West alleges that he has
suffered from chronic pain in his lower back, right knee and
right ankle. (Doc. #21 at ¶ 46-47). On October
14, 2014, Defendant Dr. Ronald Hemphill, chief medical
officer at Charlotte Correctional Institution (CCI) diagnosed
West with chronic pain. However, Dr. Hemphill refused
West's requests for a consultation with a specialist and
11, 2015, at 6:00am West utilized a sick call due to the pain
in his lower back, right knee, and right foot. West was
immediately seen by Nurse Campbell who, after examining him,
placed him on morning call out so he could be seen by Dr.
Carmello Berrios, Chief Medical Officer at CCI at that time.
Nurse Campbell issued West a cane and gave him a bedrest
seeing Dr. Berrios, West was given medical passes restricting
his activities to light duty. West asked Dr. Berrios to call
Mr. Gilbreath, food services director, to excuse him from
food services duty. Dr. Berrios refused West's request.
West then asked Dr. Berrios to call his medical grade
officer, Mr. Brock, and have his medical grade changed.
Again, Dr. Berrios refused. Dr. Berrios further refused to
order any more x-rays or recommend West to an orthopedic
specialist. Dr. Berrios informed West that further care was
out of the question.
25, 2015, West was seen by ARPN Karen Blankenship. ARNP
Blankenship confirmed Dr. Berrios' diagnosis of
osteoarthritis, degenerative joint disease, and chronic pain.
However, ARNP Blankenship refused to recommend West to a
specialist or order additional testing. ARNP Blankenship
refused to write West a no food service pass and gave him
Motrin for his pain. On June 27, 2015, West says he was
injured working food service and was again seen by ARNP
Blankenship on June 29, 2015. After examining West,
Blankenship said there was nothing wrong with him and could
find no documentation of any injury to West on June 27, 2015.
ARNP Blankenship directed West to return to work or she would
recommend confinement for his lying to the staff.
August 13, 2015, West was on sick call for chronic pain and
having trouble walking. West was seen by Dr. H. Wetter at
CCI. Dr. Wetter told West he could hear cracking and popping
in his right knee and noticed his right leg was smaller than
his left leg. Dr. Wetter reviewed the three radiologists'
reports and found there was no change in the right knee. Dr.
Wetter told West that people live every day without a
meniscus and even commented that he did not have one. Dr.
Wetter also denied West's request to see a specialist.
27, 2015, West saw Registered Nurse (RN) LaRosa after he
claims he was injured while working food service. RN LaRosa
wrote West a bedrest pass until he could see Dr. Berrios on
the following Monday, June 29, 2015. On August 13, 2015, West
again saw RN LaRosa alleging chronic pain and complaining
that he was having trouble walking. RN LaRosa removed
West's ace bandage and examined his right knee. She told
West she could not hear any popping in the knee and advised
the Ace bandage was wound too tight and removed it. RN LaRosa
told West there was nothing wrong with him and refused to
order an MRI.
Friday June 2, 2017, West says that he slipped and fell on a
slippery sidewalk as he walked to get lunch. West says the
soles of his orthopedic shoes have been worn thin by age and
caused him to slip and fall. West says he spoke to the warden
about the shoes who told him he would send an e-mail about
the shoes. West fell again on June 12, 2017. West requested a
sick call but alleges it took nine days before he saw Nurse
Raquel Santos. West told Nurse Santos that his shoes were
worn out and that caused him to slip and fall. Nurse Santos
refused to examine West's knee noting there was no
redness. Nurse Santos told West there was nothing wrong with
currently housed in the Everglades Correctional Institution
(ECI). Jance Hill, the Health Services Administrator, at ECI,
Dr. Oscar Ortega, the chief medical officer at ECI, and Nurse
Santos, the sick call nurse at ECI, have all denied
West's request for orthopedic shoes. All three of the
above ECI medical personnel have opined nothing is wrong with
West and that he does not medically qualify for orthopedic
shoes. West moves the Court for an order directing the DOC to
provide him with a new pair of orthopedic shoes.
argues Defendants are violating his Eighth Amendment rights
by deliberate and calloused indifference to his medical
needs. West moves the Court to issue a preliminary injunction