Case 3:20-cv-00712-SB

Document 89-3

Filed 10/08/21

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FEDERAL PUBLIC DEFENDER
DISTRICT OF OREGON

LISA C. HAY
Federal Public Defender
STEPHEN R. SADY
Chief Deputy Defender
Gerald M. Needham
Thomas J. Hester
Anthony D. Bornstein
Susan Russell
Francesca Freccero
C. Renée Manes
Nell Brown
Kristina Hellman
Fidel Cassino-DuCloux
Alison M. Clark
Brian Butler♦
Thomas E. Price
Michelle Sweet
Mark Ahlemeyer
Susan Wilk
Oliver W. Loewy

101 SW Main Street, Suite 1700
Portland OR 97204
503-326-2123 / Fax 503-326-5524
Branch Offices:
859 Willamette Street
Suite 200
Eugene, OR 97401
541-465-6937
Fax 541-465-6975

15 Newtown Street
Medford, OR 97501
541-776-3630
Fax 541-776-3624

Elizabeth G. Daily
Conor Huseby
Robert Hamilton
Bryan Francesconi
Ryan Costello
Irina Hughes▲
Kurt D. Hermansen▲
Devin Huseby♦
Kimberly-Claire E. Seymour▲
Michael C. Benson
Jessica Snyder★
In memoriam
Nancy Bergeson
1951 - 2009
▲ Eugene Office

♦ Medford Office
★ Research/Writing Attorney

September 30, 2021
Jared Hager
Alison Milne
Assistant United States Attorneys
United States Attorney’s Office
600 United States Courthouse
1000 SW Third Avenue
Portland, OR 97204
Re:

Stirling v. Hendrix
Case No. 3:20-cv-00712-SB

Dear Jared and Alison:
In her recent order denying our request to have specific inmates brought out of their cells
to meet with us during our Sheridan visit, Judge Beckerman suggested that we continue the practice
of alerting the USAO to urgent medical needs of inmates, so that these could be addressed caseby-case. Although we could not independently verify these needs that are being reported to us by
inmates, we believe they are true and hope that you can arrange to have medical staff at Sheridan
respond quickly.
IMMEDIATE ATTENTION NEEDED:



Has been dealing with repeated infections that
have sent him to the hospital twice. To date he has had seven infections and his body has
gone into sepsis. This is all caused by an enlarged heart and a resting heart rate below 40
bpm. He was scheduled to go to a cardiologist to discuss receiving a pacemaker, but this
visit was denied by prison medical. He was told by a nurse that he was being denied because
of his life expectancy and that the procedure would be too expensive. Nothing else is being
done to addresses his repeated infections and sepsis.

Exhibit 3 - Page 1 of 5
Stirling v. Hendrix, 3:20-cv-00712-SB

Case 3:20-cv-00712-SB

Document 89-3

Filed 10/08/21

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AUSAs Jared Hager and Alison Milne
September 30, 2021
Page 2


Needs his perforated eardrum fixed. The procedure
has been approved for months but it has not been done. He has had 8 ear infections since
the start of the pandemic, and he continues to get them while he waits for this procedure.



Needs a C-Pap machine for his sleep Apnea and
needs Lantus insulin. He did not receive any insulin for a two-month period and now he is
receiving a different generic insulin when he was prescribed Lantus by his doctor.



Needs to be seen by the psychiatric physician.
He has been on lockdown for 23½ hours out of the day. Recently they have only been let
out for 30 minutes every other day instead of every day. He asked both an officer and a
different doctor if he could speak with psych, both said they would contact them but he
was never seen. He then asked the first officer again and he relayed the request to the unit
manager, but he has still not been able to speak with psych.



Needs to have his infected wrist tended to after he
was bitten by another inmate. After someone else bit and chewed at Mr. Wood’s wrist very
badly, he was told he would be sent to medical to get it cleaned and receive antibiotics, but
this has not happened. He has had to open the bandage up himself and clean it with hot
water because it is now infected.



Needs to be seen immediately because he has had
blood in his urine for over two weeks and he has pain in his kidneys. He has put in medical
request forms and BP forms and it is getting worse. He was bleeding before transfer to
Sheridan and has a kidney disease.



Needs to be given meals that conform to his
medical dietary restrictions. He has celiac disease and he often skips 3 to 5 meals a week
because no food is offered that he can eat.



Needs a follow up appointment with a
doctor for his thyroid cancer.



Needs his blood work done for his diagnosed HEP
C and receive treatment if needed.



Needs his blood work done for his diagnosed HEP
C and receive treatment if necessary. He also has had an enlarged testicle for a year that
has not been checked.



Needs treatment for his cirrhosis of the liver
caused by HEP C.

Exhibit 3 - Page 2 of 5
Stirling v. Hendrix, 3:20-cv-00712-SB

Case 3:20-cv-00712-SB

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Filed 10/08/21

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AUSAs Jared Hager and Alison Milne
September 30, 2021
Page 3

•

Needs enzyme levels checked for kidney and liver
because of HEP C.

•

His mother called to say that he was hospitalized with
COVID, then brought back to the unit. He reportedly feels extremely unwell, has trouble
speaking or walking, and suffers from a hereditary liver disease that places him at high risk
for complications from COVID-19. We request that medical staff check on him regularly
and keep close monitoring of his symptoms.

•

He has an infected tooth that has caused him to have a
fever. He is in a lot of pain and is worried about the infection spreading. He was given an
appointment 42 days out, but thinks he needs much more urgent dental care. Can we
schedule an immediate appointment for him?
Sincerely,

~

Lisa Hay
Federal Public Defender
LH/jll
cc:
Courtney Withycombe, FPD Investigator

Exhibit 3 - Page 3 of 5
Stirling v. Hendrix, 3:20-cv-00712-SB

Case 3:20-cv-00712-SB

Document 89-3

Filed 10/08/21

PORTLAND MAIN OFFICE
1000 SW Third Avenue, Suite 600
Portland, Oregon 97204
(503) 727-1000

EUGENE BRANCH
405 E 8th Avenue, Suite 2400
Eugene, Oregon 97401
(541) 465-6771

www.usdoj.gov/usao/or

Alison Milne
Amy Potter
Assistant United States Attorneys
Alison.Milne@usdoj.gov
Amy.Potter@usdoj.gov
(503) 727-1000
Reply to Portland Office

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U.S. DEPARTMENT OF JUSTICE
United States Attorney’s Office
District of Oregon
Scott Erik Asphaug
Acting United States Attorney

MEDFORD BRANCH
310 West Sixth Street
Medford, Oregon 97501
(541) 776-3564

October 1, 2021
Lisa Hay
Office of the Federal Public Defender
101 SW Main Street, Suite 1700
Portland, Oregon 97204
Re:

Stirling v. Hendrix; Case No. 3:20-cv-00712-SB (D. Or.)

Dear Lisa:
We write in response to your letters dated September 23, 2021 and September 30, 2021, and your
email sent September 27, 2021. In your letters you described medical and/or dental concerns for
a total of twenty-eight inmates under the headings “Immediate Attention Needed,” “Chronic
Issues” and “Dental health concerns.” You acknowledged that you did not verify the needs
being reported by inmates, but expressed your belief that they were true and desire for the USAO
to arrange for BOP medical staff at FCI Sheridan to “respond quickly.” In your email from
September 27, 2021, you asked if it was possible to expedite dental care for an inmate who had a
dental appointment scheduled in approximately 42 days noting that the inmate believed he
needed care sooner. The same request was made concerning this inmate in your letter dated
September 30, 2021.
After receiving your letters and email, the USAO forwarded all three to BOP counsel who
provided your concerns to FCI Sheridan’s Health Services for review and action pursuant to FCI
Sheridan’s triage protocol.
As described in the Declaration of Marcie Morgan (“Decl. Morgan”), ECF 77, the procedures in
place at FCI Sheridan require inmates in the FCI and the FDC to submit requests for health
services to staff. See Decl. Morgan, ¶¶ 5,7. FCI Sheridan also has procedures in place for the
Camp whereby inmates can participate in open-house sick calls and quarantine inmates can
submit written requests for health services. Id. at ¶ 9. If any inmate needs immediate help he
may press a duress button in his cell which notifies the Control Center or he may communicate
with the nearest staff member. Id. at ¶ 11. Inmates need to utilize the processes in place;
medical staff will prioritize and provide medical care according to the current triage protocol.

Exhibit 3 - Page 4 of 5
Stirling v. Hendrix, 3:20-cv-00712-SB

Case 3:20-cv-00712-SB

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Filed 10/08/21

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Lisa Hay
Page 2
October 1, 2021
__________________________
Although we recognize delays in care can be frustrating, it is important to note that FCI
Sheridan, and the community providers they contract with, are following crisis standards of care
prevailing in many public hospitals and healthcare offices nationwide. FCI Sheridan is
dependent on the health care system in the surrounding community to accomplish a wide array of
medical procedures that cannot be performed in house. Like many rural health care systems
across the country, the current demand has resulted in extensive scheduling delays and
limitations for non-emergent medical care. To date, FCI Sheridan’s Health Services triage
protocol continues to remain appropriate under the circumstances. To the extent any inmate is
unsatisfied with FCI Sheridan’s medical triage, an available and more appropriate avenue for
relief is compassionate release pursuant to 18 U.S.C. § 3582(c)(1).
Sincerely,
SCOTT ERIK ASPHAUG
Acting United States Attorney
/s/ Alison Milne
ALISON MILNE
Assistant U.S. Attorney
/s/ Amy Potter
AMY POTTER
Assistant U.S. Attorney

Exhibit 3 - Page 5 of 5
Stirling v. Hendrix, 3:20-cv-00712-SB