ORDERS:
ORDER
I. STATEMENT OF THE CASE
This matter is before the Administrative Law Judge Division (Division) pursuant to the appeal of Danny
Campen, a/k/a Julio Bondi, an inmate incarcerated with the South Carolina Department of Corrections
(Department) since October 18, 1993. Alleging that he was denied psychiatric treatment in violation of
the Eighth Amendment, Inmate Campen filed a grievance on March 3, 2000. He received a Final
Decision from the Department on May 25, 2000. On June 15, 2000, Inmate Campen filed this appeal
with the Division.
II. BACKGROUND
In October 1999, Inmate Campen attempted to commit suicide by slashing his wrists and hanging
himself in his cell at Broad River Correctional Institution (BRCI). As a result, Inmate Campen was
transferred to Gilliam Psychiatric Hospital (Gilliam), where he remained until February 2000. During
his stay at Gilliam, Inmate Campen was under the care of Dr. Rital, who prescribed at least three
different anti-depressant medications, including Desyrel, which was apparently prescribed to help
Inmate Campen sleep. Upon his return to BRCI, Inmate Campen began receiving his dose of Desyrel
between 3:00 and 4:00 p.m. Consequently, Inmate Campen slept through the late afternoon and into the
night, awaking in the very early morning. After a couple of days, Inmate Campen began holding his
dose of Desyrel until 8:00 p.m., taking it just before he went to bed. On February 29, 2000,
Department physician Dr. Boulware renewed Inmate Campen's medications as follows: Buspar 10 mg
BID (1); Desyrel 75 mg QHS (2); Prozac 20 mg QAM (3); Tagamet 400 mg BID (5). Shortly thereafter,
medical staff discovered that Inmate Campen had been holding his Desyrel dose. Because Desyrel is a
controlled substance, the medical staff began requiring Inmate Campen to take the Desyrel in front of
the dispensing nurse. Inmate Campen refused, explaining that the Desyrel had been prescribed by his
Gilliam psychiatrist to help him sleep. He also explained that the effect of taking Desyrel at 3:00 p.m.
was to put him to sleep immediately. Inmate Campen filed an emergency grievance with the
Department on March 3, 2000, requesting that his daily dose of Desyrel be dispensed in the manner
prescribed, at bedtime. In response to his grievance, the Department's medical staff explained to Inmate
Campen that the nursing staff at BRCI only work until 3:00 p.m. and that is why his Desyrel is
dispensed at 3:00 p.m. In her Encounter notes, Department R.N. Mackey noted that Inmate Campen's
medical record did not require that he receive Desyrel at "precisely 8 p.m." After several days of
Inmate Campens' refusing to take the Desyrel, Dr. Boulware changed Inmate Campen's Desyrel
prescription from "75 mg QHS" to "75 mg QPM (6)." The medical staff continued to dispense Inmate
Campen's Desyrel between 3:00 and 4:00 p.m., and Inmate Campen continued to refuse to take it at that
time.
On March 14, 2000, Inmate Campen filed his Step Two grievance, reiterating that the Desyrel originally
prescribed by Dr. Rital of Gilliam was to be dispensed at 8:00 p.m. to help him sleep. In its Final
Decision of May 3, 2000, the Department informed Inmate Campen that the order prescribing Desyrel at
bedtime had been changed to one prescribing Desyrel in the p.m., which meant that an afternoon
dispensation of Inmate Campen's Desyrel was acceptable. This appeal followed. III. ANALYSIS
The Division's jurisdiction to hear this matter is derived entirely from the decision of the South
Carolina Supreme Court in Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000). In Al- Shabazz,
the Supreme Court created a new avenue by which inmates could seek review of final decisions of the
Department of Corrections in "non-collateral" matters, i.e., matters in which an inmate does not
challenge the validity of a conviction or sentence, by appealing those decisions to the Division and
ultimately to the circuit court pursuant to the Administrative Procedures Act. 338 S.C. at 373, 376, 527
S.E.2d at 752, 754. In its appellate capacity, the Division is concerned with ensuring that the
constitutional rights of the appellants are not violated.
The Eighth Amendment's prohibition against cruel and unusual punishment is violated by the deliberate
indifference of prison officials to the serious medical needs of prisoners. Estelle v. Gamble, 429 U.S.
97, 97 S.Ct. 285 (1976). To state a cognizable claim for medical mistreatment, a prisoner must allege
"acts or omissions sufficiently harmful to evidence 'deliberate indifference'" to his serious medical
needs. 97 S.Ct. at 292. Deliberate indifference may be demonstrated by either actual intent or reckless
disregard. Miltier v. Beorn, 896 F.2d 848 (4th Cir. 1990). As long as there is a legitimate medical
reason for a course of treatment, however, an inmate's disagreement with the treatment provided is
insufficient to state a cognizable claim for medical mistreatment. See Wright v. Collins, 766 F.2d 841
(4th Cir. 1985).
In this case, the Record reflects that Inmate Campen has suffered and continues to suffer from severe
depression, which is, without question, a serious medical condition. In addition, the Department's
failure to dispense Inmate Campen's anti-depressant medications as originally prescribed rises to the
level of deliberate indifference. The Department is certainly aware of Inmate Campen's prior suicide
attempt. In addition, the Department is undoubtedly aware of the purpose for the anti-depressants
prescribed by Inmate Campen's psychiatrist. Nevertheless, the Department insists on dispensing Inmate
Campen's Desyrel in a manner inconsistent with his psychiatric needs. The Department has failed to
provide a legitimate medical reason for altering the time it dispenses Inmate Campen's anti-depressant
medications. Instead, the Department has offered an administrative reason for dispensing Inmate
Campen's prescription for Desyrel at 3:00 p.m.; its nursing staff leaves at 4:00 p.m. The Record
provided by the Department contains no opinions of Inmate Campen's treating psychiatrist regarding
Inmate Campen's depression and course of treatment. Further, the Record provided by the Department
contains no medical explanation for the change regarding Inmate Campen's prescription for Desyrel,
from "75 mg QHS", to be taken at bedtime, to "75 mg QPM", to be taken in the p.m. Nor does the
Record provide an explanation regarding the effect of that change, if any. Instead, it contains very brief
and cryptic computer entries of Inmate Campen's encounters with medical personnel, mostly made by
Department nurses to document that Inmate Campen refused to take his Desyrel at 3:00 p.m. Clearly,
the Department's cavalier treatment of Inmate Campen's serious psychiatric needs rises to the level of
deliberate indifference proscribed by the Eighth Amendment.
Because the Department has failed to produce any evidence that it had a legitimate medical reason for
altering the dosing of Inmate Campen's Desyrel, the Department's Final Decision denying Inmate
Campen's grievance is REVERSED. Moreover, the Department must find a means of dispensing
Inmate Campen's medication as originally prescribed by his psychiatrist at Gilliam until such time as its
dispensation is no longer medically necessary.
IV. ORDER
IT IS THEREFORE ORDERED that the Final Decision of the Department is REVERSED;
IT IS FURTHER ORDERED that the Department find a means to dispense Inmate Campen's
medications as originally prescribed, including but not limited to Inmate Campen's prescription for
Desyrel 75 QHS, until such time as a thorough psychiatric examination, performed by a licensed
psychiatrist, reveals that such dispensation is no longer medically necessary.
AND IT IS SO ORDERED.
_________________________________
JOHN D. GEATHERS
Administrative Law Judge Division
Post Office Box 11667
Columbia, South Carolina 29211-1667
May 23, 2001
Columbia, South Carolina
1. A prescription for "Buspar 10 mg BID" means that the patient is to take 10 milligrams of Buspar
twice daily.
2. A prescription for "Desyrel 75 mg QHS" means that the patient is to take 75 milligrams of Desyrel at
bedtime.
3. A prescription for "
Prozac 20 mg QAM (4)
4. A prescription for "
5. A prescription for "Tagamet 400 mg BID" means that the patient is to take 400 milligrams of
Tagamet twice daily.
6. A prescription for "Desyrel 75 mg QPM" means that the patient is to take 75 milligrams of Desyrel in
the p.m., which could either be afternoon or evening.
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