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Allard v. Baldwin

United States Court of Appeals, Eighth Circuit

March 5, 2015

John Russell Allard, Plaintiff - Appellant
v.
Tonia Baldwin, MD; Delores Green; Pamela Alexander, Defendants - Appellees

Submitted December 9, 2014

Appeal from United States District Court for the Southern District of Iowa - Des Moines.

John Russell Allard, Plaintiff - Appellant, Pro se, Des Moines, IA.

For John Russell Allard, Plaintiff - Appellant: Angela L. Campbell, Attorney, DICKEY & CAMPBELL, Des Moines, IA.

For Tonia Baldwin, MD, Delores Green, Pamela Alexander, Defendants - Appellees: Forrest Guddall, ATTORNEY GENERAL'S OFFICE, Des Moines, IA.

Before LOKEN, BYE, and SMITH, Circuit Judges.

OPINION

Page 769

BYE, Circuit Judge.

Iowa inmate John Russell Allard brought this 42 U.S.C. § 1983 complaint against prison staff alleging violations of his constitutional rights based on their alleged failure to treat his serious medical condition. The district court[1] granted summary judgment to the prison staff. Allard filed the instant appeal, arguing material questions of fact exist regarding the appropriateness of the care he received. We affirm.

I

Allard was a prisoner at the Clarinda Correctional Facility (" CCF" ) of the Iowa Department of Corrections (" IDOC" ) at the time of the events giving rise to this lawsuit. All claims arise out of a bowel obstruction and perforation Allard suffered and the allegedly deficient medical care provided by Tonia Baldwin, M.D., Delores Green, and Pamela Alexander (" CCF Health Services staff" ).[2]

On February 5, 2011, Allard sent a medical complaint to CCF Health Services to report pain in his abdomen and failure to have a bowel movement for over a week. Allard was diagnosed at that time with constipation, and treatment of the condition began. During the first three days of his treatment for constipation by CCF Health Services, Allard received Milk of Magnesia, was told to increase his fluid intake, was given a Limited Activity Notice for work, was told to increase his activity levels, was given a Docusate Sodium capsule, was administered an enema, was given magnesium citrate, and received a complete blood count which indicated Allard had no infection. Allard also reported passing some gas and CCF Health Services staff noted hyperactive bowel sounds.

On February 8, 2011, Allard reported he had still not had a bowel movement and his bowel sounds were hypoactive and sluggish. Allard was put on a liquid diet at the time which remained in effect until his bowel perforated. Stool softeners were ordered. The next day Allard presented with more active bowel sounds and a ...


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