Case Number: 2020-002412

In Federal

Plaintiff, who is in the custody of the Nevada Department of Corrections (“NDOC”), has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983.  In the complaint, Plaintiff sues multiple defendants for events that took place while Plaintiff was incarcerated at Southern Desert Correctional Center (“SDCC”). Plaintiff alleges the following: Plaintiff is a disabled inmate. Doctors prescribed Plaintiff medication for Plaintiff’s blood pressure issues but the SDCC nurses refused to fulfill the doctors’ orders. As a result, Plaintiff suffered from migraine headaches, dizziness, nausea, kidney pains, painful indigestion, nerve complications, and spotted and blurred vision from blackouts.  Since January 2018, the medical staff has administered three blood tests to Plaintiff demonstrating kidney failure. The medical staff prescribed Lisinopril but it caused Plaintiff to suffer from dizziness, migraines, shortness of breath, chest pains, blurred vision, eye pains, and caused Plaintiff to blackout on February 26, 2018 and March 28, 2018. Id. at 7. The doctors also ordered SDCC nurses to monitor Plaintiff’s levels every week but the nurses ignored the doctors’ orders for over 60 days resulting in Plaintiff passing out.  The Court finds that Plaintiff states a colorable claim for deliberate indifference to serious medical needs. Based on the allegations, Plaintiff has a blood pressure issue that the doctors have sought to treat and monitor. However, based on the allegations, the nurses have refused to carry out those orders which has resulted in Plaintiff suffering from symptoms that have caused him to blackout twice. This is sufficient to state a colorable claim on screening and will proceed. IT IS FURTHER ORDERED that given the nature of the claim(s) that the Court has permitted to proceed, this action is stayed for 90 days to allow Plaintiff and Defendant(s) an opportunity to settle their dispute before the $350.00 filing fee is paid, an answer is filed, or the discovery process begins. During this 90-day stay period and until the Court lifts the stay, no other pleadings or papers may be filed in this case, and the parties may not engage in any discovery, nor are the parties required to respond to any paper filed in violation of the stay unless specifically ordered by the court to do so. The Court will refer this case to the Court’s Inmate Early Mediation Program, and the Court will enter a subsequent order.

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