Knutson v. TK Health, Cpl. Johnson, J. Watemolen, Nurse Tracey, and Nurse Nadia

Summary

The United States District Court for the Eastern District of Wisconsin grants Jeremy Knutson leave to proceed in forma pauperis in his 42 U.S.C. § 1983 action concerning alleged inadequate medical care for a tooth infection. The court permits claims to proceed against Nurse Practitioner J. Watemolen, Nurse Tracey, Nurse Nadia, and Cpl. Johnson, but dismisses TK Health because the complaint does not identify a policy or custom supporting entity liability. The court orders service, collection of the filing fee, and other case-management procedures.

Holdings

1. Knutson was permitted to proceed in forma pauperis, and the court waived the initial partial filing fee because he lacked the assets and means to pay it, while requiring payment of the full statutory filing fee over time.
2. The complaint plausibly alleged denial-of-medical-care claims against Nurse Practitioner J. Watemolen, Nurse Tracey, Nurse Nadia, and Cpl. Johnson, allowing those claims to proceed.
3. The complaint failed to state a § 1983 claim against TK Health, and TK Health was terminated as a defendant.
4. HIPAA does not furnish a private right of action, so the alleged disclosure of Knutson's medical information did not state an actionable HIPAA claim.

Questions Presented

1. Whether Knutson should be permitted to proceed without prepaying the filing fee and without paying an initial partial filing fee.
2. Whether the complaint stated a plausible denial-of-medical-care claim under the Eighth Amendment or, if Knutson was a pretrial detainee, the Fourteenth Amendment.
3. Whether TK Health could be held liable under 42 U.S.C. § 1983 based on the alleged conduct of its employees.
4. Whether HIPAA provided a private right of action for the alleged disclosure of medical information.

Disposition

other