PLAINVIEW, TX — A Hale County resident has filed a federal lawsuit against Covenant Health and two physicians, alleging civil rights violations stemming from emergency medical treatment, derogatory remarks by hospital staff, and subsequent tampering with his medical records. The pro se complaint, obtained by South Plains LIVE!, details a series of events at Covenant Health Plainview Hospital in November 2025 that the plaintiff claims led to harassment, false documentation, and retaliation.
Eugene Allen, a Plainview resident, filed the suit on December 30, 2025, in the U.S. District Court for the Northern District of Texas, Lubbock Division. The case is presided over by Judge James Wesley Hendrix and names Covenant Health, emergency physicians Obioma Ogbonna, M.D., and Jimmie R. Appel Jr., M.D., as well as unidentified John/Jane Does 1-10 as defendants.
According to the complaint, Allen arrived at the hospital's emergency department via EMS on November 7, 2025, complaining of elevated blood pressure, chest discomfort, anxiety, and shortness of breath. During intake, Allen alleges that a staff member named Veronica made an inappropriate comment about his three cell phones, stating something to the effect of "one for the hoes." The remark was reportedly overheard by other staff and Allen's wife, who was on the phone during the incident.
Allen was discharged around 12:43 a.m. on November 8 with a diagnosis of acute hypokalemia and a toxicology report showing positive for cannabinoid edibles—a result Allen claims was false. After disputing the finding via voicemail, his symptoms worsened, prompting a return to the ER. There, a charge nurse allegedly offered a second toxicology test only if Allen agreed to re-admission and printed a "dummy" document at 5:26 a.m. that she said "would not go in the chart." Allen rejected it, insisting on an official evaluation.
Following a shift change, Dr. Appel evaluated Allen and ordered repeat testing, which came back negative for cannabinoids. However, Allen later discovered that the original discharge summary had vanished from his patient portal, replaced by the unofficial 5:26 a.m. document. He also claims post-hoc changes to physician attributions on toxicology records.
Allen met with hospital administration and filed a formal grievance. On November 13, 2025, Covenant Health responded in writing, acknowledging the derogatory remarks and Allen's distress. Allen then sent a pre-litigation demand and evidence preservation notice via certified mail, received by the hospital on November 20. Despite this, Allen alleges continued record alterations.
The lawsuit invokes federal claims under 42 U.S.C. § 1983 for civil rights violations, including deprivation of due process related to accurate medical records; retaliation for protected complaints; and conspiracy to fabricate and conceal evidence. Supplemental state claims include negligence, gross negligence, fraud, spoliation of evidence, and intentional infliction of emotional distress.
Allen seeks compensatory and punitive damages, declaratory and injunctive relief, court costs, and a jury trial.
Covenant Health operates multiple facilities across West Texas, including in Plainview. The case is in its early stages, with U.S. Marshal forms included in the filing for service of process on the defendants, pursuant to Allen's in forma pauperis status.
"In forma pauperis" (often abbreviated as IFP) is a Latin legal term that translates to "in the manner of a pauper." It refers to a court's permission for an indigent (poor) person to file a lawsuit or appeal without having to pay the usual filing fees, court costs, or other expenses associated with litigation, due to financial hardship.
Plainview Man Sues Covenant Health Over Staffer's "One For the Hoes" Jab (AI-generated image of man entering ER with 3 cell phones)
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