On December 5, 2007, inmate Douglas E. Johnson, USM # 50782-056, was sentenced by the U.S. District Court for the Eastern District of North Carolina for violations of 18 U.S.C. 922 and committed to the United States Federal Bureau of Prisons for 102 months. At the time of sentencing, the Honorable James C. Dever III, U.S. District Judge recommended in Inmate Johnson’s PSR that the BOP have inmate Johnson serve his term at FCI Butner, NC., and that Inmate Johnson have his medical conditional evaluated.
From the date Inmate Johnson entered custody when he was arrested in Feb of '07 and held in county jail under Federal control in Louisburg, NC, he’s needed dental care. When Johnson requested to the Sheriff of the jail about getting him some dental work then, he was told to wait until he went to Federal Prison where they would have the facilities to treat him, so while in pre sentence custody Johnson’s dental care was never provided. Up to October 20, 2008, the Federal Bureau of Prisons has been unable to provide as Inmate Johnson with dental care, as FCI Bennettsville, South Carolina, the institution lnmate Johnson was designated to lacks the ability to care for inmates’ dental needs. By ignoring Judge Dever’s designation request of FCI Butner, which contains a medical center on site, the BOP effectively negated its ability to provide the medical care inmate Johnson needs.
BOP DENTAL POLICY
Pursuant to the Judgment and Commitment Orders section in contained the
Legal Resource Guide to the Federal Bureau of Prisons, p. 13 (2003); see P.S.5100.07, Ch. 7, p. 11.
Where the BOP is unable to comply with a judicial recommendation, it must so notify the Court. USDOJ-BOP, Program Statement No.5070.10, Judicial Recommendations and U.S. Attorney Reports, Responses to (June 30, 1997).
Bureau of Prisons Program Statement
P.S. P6400.02
Pursuant to BOP P.S. P6400.02, January 15, 2005, Program Objectives Paragraph 2, Necessary dental care will be provided to inmates by health care providers, who provide quality care consistent with professional standards.
Pursuant to P.S. P6400.02 Section 8 subsection (d)(1). labeled DENTAL CLINIC TREATMENT PROCEDURES under Dental Treatment, Emergency Dental Care:
d. Dental Treatment
(1) Emergency Dental Care. Emergency care includes treatment for relief of severe dental pain, traumatic injuries, acute infections, sedative fillings, extraction of non-restorable teeth, and gross debridement of symptomatic areas.
The policy further states that "Emergency Dental Care Will Be Availiable To All Inmate On A 24 Hour Basis."
Mr. Johnson was formally told by the Warden Darlenne Drew on October 2, 2008, that "He'd been placed on a dental waiting list for further evaluation." So after 19 months of continuing excruciating pain, Mr. Johnson awaits treatment.
Calls to the Federal Bureau of Prisons regarding Mr. Johnson's condition went unanswered.
"Unless the BOP gets it act in gear and treats Eric, Civil Rights Actions for Deliberate Indifference against BOP Staff members in their personal capacity are just on the horizon," said a spokesman for the Johnson family.
