United States District Court, S.D. Texas, Houston Division
MEMORANDUM OPINION AND ORDER
H. MILLER SENIOR UNITED STATES DISTRICT JUDGE.
a state inmate proceeding pro se and in forma
pauperis, filed this section 1983 lawsuit against Texas
Department of Criminal Justice ("TDCJ") officers
Lorie Davis, Khari Mott, Wayne Brewster, and Jeania Pegoda
and UTMB employee Jill Coleman, M.D., for the alleged
violations of his federal constitutional and statutory
rights. He seeks declaratory and injunctive relief with
monetary compensation and punitive damages.
considered plaintiffs section 1983 complaint (Docket Entry
No. 1), supplemental complaint (Docket Entry No. 13),
memorandum of law (Docket Entry No. 9), and the applicable
law, the Court DENIES preliminary injunctive relief and
ORDERS a partial dismissal of plaintiff's claims as
claims that in October 2017, defendant Jill Coleman, a UTMB
physician working for TDCJ, informed him that she could not
renew medication for his "thyroid condition"
without an updated blood draw and lab report. (Docket Entry
No. 9, p. 5.)
states that a blood sample was drawn and a lab report was
sent to Coleman, but she failed to initiate treatment for his
condition. Copies of select medical records submitted by
plaintiff show that Coleman reviewed the lab results on
November 15, 2017, ordered the tests rechecked, and scheduled
his chart for review in two weeks. Id., pp. 21.
Plaintiffs grievances suggest he failed to keep a scheduled
follow-up appointment, but plaintiff states that Coleman
failed to provide treatment even after his blood was redrawn
at a later appointment.
to plaintiff, Coleman should have started treating him for
hypothyroidism after she reviewed the first lab test results.
In his layperson's opinion, the lab report "clearly
showed a need to be treated." (Docket Entry No. 9, p.
8.) He complains that Coleman has yet to provide the
necessary treatment, and that she was deliberately
indifferent to his serious medical needs because untreated
hypothyroidism can be a life-threatening condition. He also
claims that Coleman denied him rights to which he was
entitled under the Americans with Disabilities Act
("ADA") because hypothyroidism is a disability.
further claims that defendant practice manager Khari Mott
denied his administrative grievances, and that defendant
library supervisor Jeania Pegoda denied him entitlements
under the ADA by removing his medical storage box.
seeks declaratory relief with $75, 000.00 in monetary
compensation, and a preliminary and permanent injunction for
thyroid treatment and a medical storage box.
defendants in this case are sued for actions taken during the
course of their employment with TDCJ and/or UTMB, which are
state agencies. Thus, to the extent plaintiff seeks monetary
damages from the defendants in their official capacity, the
claims are barred by Eleventh Amendment immunity and are
DISMISSED WITH PREJUDICE. See Oliver v. Scott, 276
F.3d 736, 742 (5th Cir. 2001); Aguilar v. Texas Dep
't of Criminal Justice, 160 F.3d 1052, 1054 (5th
complains that defendant Lorie Davis "is responsible for
the actions of all of TDCJ operations," and is thus
liable for the alleged deliberate indifference of ...