Arellano v. Sedighi

• Decision Date: 01 October 2020
• Docket Number: Case No.: 15-cv-02059-AJB-BGS
• Parties: Raul ARELLANO, Plaintiff, v. SEDIGHI, et al., Defendants.
• Court: U.S. District Court — Southern District of California

Raul ARELLANO, Plaintiff, v. SEDIGHI, et al., Defendants.

Case No.: 15-cv-02059-AJB-BGS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

October 1, 2020

REPORT AND RECOMMENDATION:

(1) GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT;

(2) DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT;

AND

(3) DENYING PLAINTIFF'S MOTION TO AMEND

[ECF Nos. 80, 87, 94]

Plaintiff Raul Arellano ("Plaintiff"), a state prisoner proceeding pro se and informa pauperis, filed a Third Amended Complaint ("TAC") on November 25, 2019, alleging civil rights violations pursuant to 42 U.S.C. § 1983 against Defendants Dr. Sedighi and Nurse Busalacchi ("Defendants"). (ECF No. 70.)¹ Presently before the Court are Defendants' Motion for Summary Judgment (ECF No. 80), Plaintiff's Cross-Motion for Summary Judgment (ECF No. 87), and Plaintiff's Motion for Doe #1 be Addressed as Dr. Silva and be Amended as Dr. Silva (ECF No. 94). The Court submits this Report and Recommendation to United States District Judge Anthony J. Battaglia pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.1(d) of the United States District Court for the Southern District of California.

After a thorough review of Plaintiff's TAC, the parties' motion papers, and all supporting documents, and for the reasons discussed below, the Court RECOMMENDS that the Defendants' Motion for Summary Judgment (ECF No. 80) be GRANTED as to Defendants Dr. Sedighi and Nurse Busalacchi; and Plaintiff's Cross-Motion for Summary Judgment (ECF No. 87) be DENIED. Further, the Court RECOMMENDS that Plaintiff's Motion for Doe #1 be Addressed as Dr. Silva and be Amended as Dr. Silva (ECF No. 94) be DENIED.

INTRODUCTION

The Court only briefly summarizes the allegations for reference and discusses the procedural history and evidence presented by the parties as necessary in addressing each issue or motion.

A. Procedural History

Plaintiff initiated this action by filing a complaint on September 15, 2015. (ECF No. 1.) Plaintiff's initial complaint was dismissed during initial screening on February 1, 2016. (ECF No. 3.) Plaintiff's First Amended Complaint, filed April 6, 2016, was dismissed on August 22, 2016 as frivolous and for failing to state a claim. (ECF Nos. 7-8.) Plaintiff's Second Amended Complaint ("SAC") was filed, nunc pro tunc, on October 19, 2016, in which Plaintiff alleged civil rights violations as to Defendants: (1) Dr. Sedighi;(2) Walker; (3) Roberts; (4) Lewis; (5) Glynn; and (6) Nurse Busalacchi. (ECF No. 10.) On April 17, 2017, Defendants filed a Motion to Dismiss for Failure to State a Claim as to Plaintiff's SAC. (ECF No. 20.) The Court issued a Report and Recommendation ("R&R") regarding this Motion to Dismiss Plaintiff's SAC on February 27, 2018, which was adopted by the District Court Judge on March 20, 2018. (ECF Nos. 43-44.) The Court dismissed Plaintiff's Fourteenth Amendment claim and ADA claim against Defendant Sedighi and all claims against Defendants Walker, Roberts, Lewis, and Glynn with prejudice, as well as denied Plaintiff's Motion to Disclose Name of Doe #1. (ECF Nos. 43-44.)

Plaintiff filed the operative TAC on November 25, 2019, in which he alleges civil rights violations by Defendants Dr. Sedighi and Nurse Busalacchi. (ECF No. 70.) Plaintiff alleges that the Defendants violated his Eight Amendment right to freedom from cruel and unusual punishment. (Id.) Defendants filed their Motion for Summary Judgment on April 13, 2020, which is presently before the Court. (ECF No. 80.) Plaintiff filed his Opposition on May 13, 2020. (ECF No. 82.) Defendants filed their Reply on May 18, 2020. (ECF No. 32.) Plaintiff also filed a Sur-Reply on June 3, 2020.² (ECF No. 85.)

On June 3, 2020, Plaintiff filed a motion in which the Court interpreted as a Cross-Motion for Summary Judgment. (See ECF No. 87.) The Court accepted the motion, despite this motion being filed without permission from the Court and after the dispositive motion deadline set in the Court's Scheduling Order (ECF No. 72 at 5). (See ECF Nos. 86, 87.) The Court instructed for Defendants to file an Opposition to Plaintiff's Cross-Motion and indicated that "No further briefing will be accepted." (ECF No. 88.) On June 12, 2020, Defendants filed their Opposition to Plaintiff's Cross-Motion. (ECF No. 90.)

Plaintiff's Motion for Leave to File a Reply to Defendants' Opposition to his Cross-Motion for Summary Judgment, filed nunc pro tunc on June 24, 2020, was denied on July1, 2020 due to the extensive briefing already on file and raising the same arguments as in Plaintiff's Opposition and Sur-Reply. (See ECF Nos. 96, 97.) Plaintiff filed a Motion for Doe #1 be Addressed as Dr. Silva³ and be Amended as Dr. Silva, nunc pro tunc, on June 24, 2020, which is presently before the Court. (ECF No. 94.)

B. Plaintiff's Third Amended Complaint

Plaintiff is a state prisoner currently incarcerated at Richard J. Donovan Correctional Facility ("RJD") in San Diego. (ECF No. 70 at 1.) Plaintiff suffers from seizures as well as nerve damage stemming from head trauma in 2010. (Id. at 6.) While at Calipatria State Prison from August 2011 until November 2011, Plaintiff was prescribed Gabapentin⁴ for his symptoms. (Id.) On November 15, 2011, Plaintiff was transferred to RJD. (Id.) In February 2012, Plaintiff was placed on new medication after being taken off Gabapentin, which led to "more severe pain," and more frequent and aggressive seizures. (Id.) Plaintiff fell from his top bunk in March 2012 which led to a new lower back injury and symptoms of neuropathy. (Id. at 7.)

From 2012 to March 2015, Plaintiff alleges that he attempted to change his course of treatment, but was unsuccessful. (Id. at 7-8.) Plaintiff filed grievances requesting to change his seizure medication back to Gabapentin because the medication he was placed on was "ineffective to [his] symptoms" and gave him "severe side effects such as suicidal thoughts, vomiting" and "deprive[d him] of life necessities; eating, sleeping exercise." (Id. at 7.)

On March 1, 2015, Plaintiff claims to have been in the suicidal infirmary for pain and suicidal thoughts that "trigger out of nowhere." (Id. at 8.) On March 5, 2015, Dr.Sedighi saw Plaintiff and prescribed Trileptal⁵ for Plaintiff's pain and seizures, after Plaintiff claims that a psychiatrist discontinued Plaintiff's Elavil and Keppra prescriptions due to its alleged suicidal side effects.⁶ (Id.)

On March 11, 2015, Plaintiff was taken off of Trileptal due to an allergic reaction and placed on no other medication. (Id.) On March 13, 2015, Plaintiff talked with Dr. Bahro⁷ regarding his course of treatment and indicated that he has not been put on any seizure or pain medication "which basically left [Plaintiff] to suffer in pain and put [Plaintiff's] life at risk due to no seizure med[ication]." (Id.) Dr. Bahro contacted the "M.D." and the Chief of Psychiatry, who reassured Dr. Bahro that Plaintiff was to stay off of seizure medications. (Id.) On or around March 16, 2015, Plaintiff states that he went to the suicidal infirmary because he was afraid to get a seizure since he was without seizure medication and he was experiencing such severe pain, that he was feeling suicidal. (Id.)

Plaintiff states that Dr. Sedighi also treated him sometime between March 19-27, 2015. (Id. at 9.) Plaintiff allegedly told Dr. Sedighi about his medical needs, including that he was not on any pain or seizure medications. (Id. at 9, 11.) Plaintiff states that Dr. Sedighi knew that Gabapentin was effective, yet still decided to leave Plaintiff without any seizure or pain medication. (Id.) Plaintiff claims that "[Dr. Sedighi] didn't care he was putting [Plaintiff's] life at risk or harm, neither what [Plaintiff] was suffering. He was just not going to put [Plaintiff on] anything for no medical reason." (Id. at 11.)

Approximately five days after seeing Dr. Sedighi, Plaintiff suffered an unwitnessed seizure and was transferred out to a hospital. (Id. at 9, 11.) From May 2015 to August2015, Plaintiff states that he told the Defendants about his serious medical needs through grievances, but the Defendants still did not do anything to help and instead "left [Plaintiff] to suffer." (Id.)

Between April-July 2015, while Plaintiff was in solitary confinement, Nurse Busalacchi heard Plaintiff's claim in response to his grievance. (Id. at 13.) During his interview with Nurse Busalacchi, Plaintiff recounted his history of seizures and corresponding treatment. (Id. at 14-16.) Plaintiff claims that he told Nurse Busalacchi that Elavil was not effective at treating his pain and resulted in the following severe side effects: "(1) nausea; (2) deprivation of sleep; (3) deprivation of walking; (4) deprivation of able to eat and sustain food on my stomach; (5) falling and hurting myself due to dizziness of the side effect; (6) interfere with breathing, severe pain." (Id. at 19-20.) Plaintiff also claims that Nurse Busalacchi "knew Elavil was prescribed again 10/26/12. But it was taken off on March 2015 due to been part of why I try to commit suicide. [Nurse Busalacchi] knew that and still sustain Elavil, actually she raised dosage not caring it would put my life at risk, and medication was ineffective for my nerve pain." (Id.)

Regarding Dilantin,⁸ Plaintiff claims to have told Nurse Busalacchi that it was discontinued in 2011 for causing the following severe side effects:

(1) It makes me dizzy which has cause me to fall; (2) dizziness and nausea, doesn't allow food to stay [i]n stomach because I vomit; (3) it doesn't allow[ ] me to be aware of my surrounding which is why I fall; (4) deprives me of sleep because it keeps waking me up due to a feeling of falling; (5) doesn't allow[ ] me to exercise, or stand without feeling or falling and nausea.

(Id. at 15.) Plaintiff states that these side effects have returned after being prescribed Dilantin in 2015. (Id.) Further, Plaintiff told Nurse Busalacchi that the only medicationthat works for him is Gabapentin, a "known...