Free Reply to Response to Motion - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General KELLEY J. MORRISSEY Assistant Attorney General State Bar No. 016158 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 [email protected] Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF ARIZONA DANNY MILLER, Plaintiff, v. DONALD SLOAN, et al., Defendants. Defendants Macabuhay, Pratt and Sloan, submit the following submit the following Supplemental Statement of Facts in support of their Motion for Summary Judgment: 1. There are five Health Care Providers on the Medical Review Committee SUPPLEMENTAL STATEMENT OF FACTS IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT No. CV 04-19-PHX-DGC (LOA)

("MRC") at the Arizona State Prison Complex-Lewis. (See Declaration of Donald Sloan, hereinafter "Sloan" attached as Exhibit A at ¶ 2.) 2. As a member of the MRC, Dr. Macabuhay brings forth a

recommendation, i.e., special diet request, for discussion with the other health care providers. After discussion, his recommendation may be denied because the

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recommendation is either not available or has been determined not to be medically necessary by the majority of the other Health care Providers on the MRC. (Sloan at ¶ 3.) 3. As FHAs and members of the MRC, Defendants Pratt and Sloan do not

approve or deny medical treatment. The FHA members of the MRC act in an administrative capacity. They keep the MRC meetings on track and make sure that all necessary paperwork is completed accurately and submitted to ADC's Central Office Health Services. The FHA members of the MRC do not vote on medical recommendations and therefore do not approve or disapprove medical treatment. The FHA members of the MRC cannot override a Health Care Provider's recommended course of treatment. (Sloan at ¶ 4.) 4. The dates in the "Refill Due" column of inmate Miller's pharmacy

records for Dicyclomine reveal the dates that refills of his prescription were filled. Once a date has been entered into the computer, the prescription will be filled, unless it is discontinued by the Health Care Provider before being filled by the pharmacy. At the Lewis Complex, security officers deliver the medication right to an inmate's bed. There is no need for the inmate to pick up the medication. (See Declaration of Marilyn M. Wand, hereinafter "Wand" attached as Exhibit B at ¶ 2.) 5. Metamucil is an "over the counter" medication. It does not require a

prescription and is available for purchase at the inmate store. Per ADC policy, Metamucil can be prescribed and filled one time. After that, the inmate will be instructed to purchase it in the inmate store. The purpose behind the one time order is so the inmate knows what to purchase and how to take the medication. Also, since the inmates are only allowed to shop one day per week, if medical provides the item the first time, the inmate will not have to wait to begin their therapy. (Sloan at ¶ 5; Wand at ¶ 3.)

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6.

Although an "over the counter" medication may only be prescribed one

time, many times it may be given to an inmate if the medication is being recommended for a short period of time or to see if the medication is effective. If there is a determination that an "over the counter" medication is appropriate for continued use, and the inmate is not indigent, he will be told to buy the medication himself for continued use should he so desire. (Sloan at ¶ 6; Wand at ¶ 3.) 7. The ADC diet manual is merely a reference guide. It does not dictate

medical treatment. (Sloan at ¶ 7.) RESPECTFULLY SUBMITTED on this 19th day of September, 2005. TERRY GODDARD Attorney General

s/ Kelley J. Morrissey KELLEY J. MORRISSEY Assistant Attorney General Attorneys for Defendants

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ORIGINAL and One copy of the foregoing filed this 19th day of September, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, AZ 85003 Copy of the foregoing has been mailed this 19th day of September, 2005, to: Danny L. Miller, # 109729 Arizona State Prison Complex ­ Tucson Santa Rita Unit ­ 3-D-17 P.O. Box 24406 10012 South Wilmot Road Tucson, AZ 85734-4406 Plaintiff Pro Per s/ Angela Palumbo Secretary to Kelley J. Morrissey
IDS04-0395/RM#G2003-04642 924737

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