Ruston Rhoton Needs More Help Please

December 23, 2009

Governor Phil Bredesen
Governor’s Office
Tennessee State Capitol
Nashville, TN 37243-0001
Phone: 615.741.2001
Fax: 615.532.9711
email to: Phil.Bredesen@tn.gov

Re: Rusty Lee Rhoton,ID#39029, Sullivan County Detention Center, Tennessee

HELP GIVE A CHRISTMAS GIFT of URGENT MEDICAL CARE and NOT COVER-UP of NEGLECT

RECENT HISTORY:
Rusty was put on tegretol for his partial complex seizures after an evaluation for a driving incident. The Sullivan County Detention Center has had him on tegretol since July. His mental state was much improved as his seizures were stopped.

URGENT NEEDS:
However, he still is not being treated for his polycythemia. He had only one phlebotomy (taking one pint of blood ) during these 13 months of incarceration. He has 7 months to go. He had been having phlebotomies every two weeks before incarceration and his hematologist requested the jail bring him for monthly testing and treatments. The jail has refused. They continue to refuse to give him the needed phlebotomies watching his hematocrit levels rise. They take labs but it is like pulling teeth to find out the level. He was above stroke danger zone back in Oct. I can imagine what it is now.

INCIDENT:
At our visit this Sunday Dec. 20, 2009 something very odd happened. He grabbed his head and said he had a migraine. His face turned dark red. Then just as quick his face faded to almost white. I asked if his head still hurt and he said no. That had to be some type of blood circulation problem. He has been in a better mental state since on the tegretol until Sept. Since then he has had several days where he would be irritable, then spacey and forgetful for several days. A few days he had slow, slurry speech and said he couldn’t think right to collect his thoughts. I believe he is having mini-strokes again. But Sunday’s episode was really scary. I doubt he will live long without treatment unless he has a miracle from God. Half of those with untreated polycythemia die within two years. He is at risk for heart attack or stroke.

SYMPTOMS & NEED:
He has a rash and other symptoms suggesting an allergy to the tegretol which is not being addressed & could be very serious.

EIGHTH AMENDMENT:
In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court held that "deliberate indifference to serious medical needs of prisoners constitutes the 'unnecessary and wanton infliction of pain,' proscribed by the Eighth Amendment."
Id. at 104 (citation omitted). But the court cautioned that a complaint that a physician has been negligent in diagnosing or treating a medical condition doe not state a valid claim of medical mistreatment under the Eight Amendment. Medical malpractice does not become a constitutional violation merely because the victim is prisoner. In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. It is only such indifference that can offend "evolving standards of decency" in violation of the Eight Amendment.
Id. at 106 (emphasis added); accord Hudson v. McMillian, 503 U.S. 1, 9 (1992) ("Because society does not expect that prisoners will have unqualified access to health care, deliberate indifference to medical needs amounts to an Eighth Amendment violation only if those needs are 'serious.'" (citing Gamble, 429 U.S. at 103-104) (dictum).
Furthermore, a prison official is deliberately indifferent to a prisoner's serious medical needs only when "the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Reeves v. Collins, 27 F.3d 174, 176 (5th Cir. 1994) (per curiam) (quoting Farmer v. Brennan, 511 U.S. 825, 837 (1994)
Sincerely,
Name: __________________
Email address: ______________________
Address, City, State, Zip: ____________________________________
2mp Citizens-in-Action for 2 Million Plus Prisoners @ www.2millionplus.com

Thank you to all that have already helped and please help again with Medical Care for Rusty Rhoton by bringing this to the attention of the people listed below so the correction medical cannot cover up their neglect or lack of urgently needed medical care. He appears to be having mini-strokes again and an allergic reaction to the medications they are giving him. Thank you to everyone that is helping to keep Rusty Alive by TAKING ACTION. 2mp Group Team Leaders of Citizens-in-Action “TAKE ACTION”

EMAIL TO: Governor Phil Bredesen Governor’s Office Tennessee State Capitol Nashville, TN 37243-0001 Phone: 615.741.2001 Fax: 615.532.9711 email to: Phil.Bredesen@tn.gov

Johnson City Press -- Headquarters Website: www.johnsoncitypress.com Phone: (423) 929-3111 Address: 204 West Main Street Johnson City, TN 37605 email to: Press release: newsroom@johnsoncitypress.com email to: local@tennessean.com The Tennessean 1100 Broadway Nashville, TN 37203 (615) 259-8000

Knoxville News-Sentinel -- Headquarters Website: www.knoxnews.com Phone: (865) 521-8181 Fax: (865) 342-6400 Address: 2332 News Sentinel Drive Knoxville, TN 37921 email to: Letters@knoxnews.com … the subject is Letter to Editor 2nd email address: news@knoxnews.com

FAX : Bristol Herald Courier -- Headquarters Website: www.bristolnews.com Phone: (276) 669-2181 Fax: (276) 669-3696 Address: 320 Morrison Boulevard Bristol, VA 24201

Kingsport Times-News -- Headquarters Website: www.timesnews.net Phone: (423) 246-8121 Fax: (423) 392-1380 Address: 701 Lynn Garden Drive Kingsport, TN 37662

Nashville City Paper -- Headquarters Website: www.nashvillecitypaper.com Phone: (615) 298-9833 Fax: (615) 298-2780 Address: 624 Grassmere Park, Suite 28 Nashville, TN 37211

USPS Mail: Sullivan County Sheriff Wayne Anderson P.O. Box 589. Blountville, TN 37617

Dr. Daniel Paul PO Box 589 Blountville, TN 37617

Local TV CONTACTS:

WJHL (CBS-11) -- Headquarters Website: www.wjhl.com Phone: (423) 926-2151 Fax: (423) 926-9080 Address: 338 East Main Street Johnson City, TN 37601 Christine Riser -- WJHL (CBS-11) Title: News Director E-mail: criser@wjhl.com

WCYB (NBC-5) -- Headquarters Website: www.wcyb.com Phone: (276) 645-1555 Fax: (276) 645-1554 Address: 101 Lee Street Bristol, VA 24201