Frank W. Emery v. Ron Neal, Merthakis, and Karen Fugan

Summary

The United States District Court for the Northern District of Indiana addresses Frank W. Emery’s motion for a preliminary injunction concerning medical care for recurrent kidney stones while incarcerated. The court finds that his ongoing preventive care appears constitutionally adequate but that the record is insufficient regarding treatment during acute episodes of passing kidney stones. The court orders the Warden to file a supplemental brief addressing the preliminary-injunction factors and proposing an appropriate medical-care plan, and permits Emery to reply.

Holdings

1. The existing record showed constitutionally adequate care addressing the risk of future kidney stones through Emery’s daily hydrochlorothiazide prescription.
2. The record was insufficient to determine whether Emery was receiving constitutionally adequate treatment, including pain management, while actively passing a kidney stone.
3. The absence of a currently active kidney stone did not necessarily preclude prospective relief because the alleged harm may be capable of repetition yet evading review.

Questions Presented

1. Whether Emery had shown entitlement to a preliminary injunction requiring constitutionally adequate medical care during future episodes in which he actively passes a kidney stone.
2. Whether the record supported a finding that Emery was receiving constitutionally adequate preventive care for recurrent kidney-stone formation.
3. Whether the recurrent kidney-stone episodes were capable of repetition yet evading review for purposes of prospective injunctive relief.

Disposition

other