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Hall v. Kirkegard

Supreme Court of Montana

November 12, 2013

STACY G. HALL, Petitioner,
v.
LEROY KIRKEGARD, Respondent.

ORDER

Petitioner Stacy G. Hall (Hall) has filed a petition for a writ of mandate to compel Respondent Warden Leroy Kirkegard to allow him to receive medically prescribed care. Hall claims that while performing a work detail in prison he fell and seriously injured his right shoulder. Prison medical staff scheduled a consultation with an Anaconda surgeon who determined that due to the nature, extent and severity of the injury, surgery would be more harmful than helpful. He prescribed physical therapy and range of motion exercises to prevent the shoulder socket from ^'freezing up."

Hall claims he was provided only one session with a physical therapist. Hall was returned to the surgeon for a follow-up, at which time three physical therapy sessions per week were prescribed. Hall was seen for a second opinion by a Missoula surgeon who agreed with the first opinion and also recommended physical therapy.

Hall maintains he has been denied physical therapy and that despite numerous requests, prison medical staff have also denied him pain management. Consequently, he seeks a writ of mandate and/or declaratory relief that he be provided physical therapy and that prison staff follow all medical orders for his care and treatment. He also requests that we appoint counsel to investigate Hall's claims, gather evidence, and represent him in future proceedings.

We deem it appropriate to receive a response to Hall's petition from the Respondent. Therefore,

IT IS ORDERED that the Respondent shall have 20 days from the date of this Order to file a response to Hall's petition.

The Clerk of this Court is directed to provide a copy hereof to Hall and to counsel of record.


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