Arriaga v. Gage

• Decision Date: 06 April 2018
• Docket Number: 16-cv-1628 (NSR)
• Parties: ANTHONY ARRIAGA, Plaintiff, v. DR. DANA GAGE (N.Y.S. D.O.C.C.S. SING SING C.F. HEALTH CARE PROVIDER) Individual and Official Capacity; DR. RAZIA K. FERDOUS (N.Y. D.O.C.C.S. SING SING C.F. FACILITY HEALTH SERVICES DIRECTOR) Individual and Official Capacity; C.O. ALVARADO (SING SING C.F. CORRECTION OFFICER) Individual and Official Capacity; DR. JOSHUA VERNATTER (MONTEFIORE MOUNT VERNON HOSPITAL DOCTOR) Individual and Official Capacity, Defendants.
• Court: U.S. District Court — Southern District of New York

ANTHONY ARRIAGA, Plaintiff, v. DR. DANA GAGE (N.Y.S. D.O.C.C.S. SING SING C.F. HEALTH CARE PROVIDER)Individual and Official Capacity; DR. RAZIA K. FERDOUS (N.Y.D.O.C.C.S. SING SING C.F. FACILITY HEALTH SERVICES DIRECTOR)Individual and Official Capacity; C.O. ALVARADO (SING SING C.F. CORRECTION OFFICER)Individual and Official Capacity; DR. JOSHUA VERNATTER (MONTEFIORE MOUNT VERNON HOSPITALDOCTOR)Individual and Official Capacity, Defendants.

16-cv-1628 (NSR)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

April 6, 2018

OPINION AND ORDER

NELSON S. ROMÁN, United States District Judge

PlaintiffAnthony Arriaga("Plaintiff"), proceeding pro se, commenced this action on March 3, 2016, pursuant to 42 U.S.C. § 1983 for alleged Eighth and First Amendment violations, (see Complaint ("Compl."), (ECF No. 2)), against DefendantsDana Gage("Dr. Gage"), Razia K. Ferdous("Dr. Ferdous"), Corrections Officer Alvarado ("Alvarado")(collectively, the "StateDefendants"), and Joshua Vernatter("Dr. Vernatter"), (id.)

Presently before the Court are four motions: (1)the StateDefendants' motion to dismiss for lack of subject matter jurisdiction and for failure to state a cause of action pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), respectively; (2) Dr. Vernatter's motion to dismiss for failure to state a cause of action pursuant to Federal Rule of Civil Procedure 12(b)(6);(3)Plaintiff's motion for a preliminary injunction; and (4)Plaintiff's motion for sanctions.(SeeThe State Defendants' Brief in Support of the Motion to Dismiss("State Defs. Br.")(ECF No. 39), at 3-4; Dr. Vernatter's Brief in Support of the Motion to Dismiss("Def. V. Br.")(ECF No. 47), at 1;Plaintiff's Brief in Support of the Motion for Injunctive Relief("Plf.Mot.")(ECF No. 56), at 2;Plaintiff's Not. of Motion for Sanctions(ECF No. 65), at 5.)For the following reasons, the StateDefendants' motion is GRANTED in part and DENIED in part, Dr. Vernatter's motion is GRANTED, and Plaintiff's Motions for Injunctive Relief and Sanctions are DENIED.

FACTUAL BACKGROUND

A.Facts Related to the Motions to Dismiss

The following facts are taken from Plaintiff's Complaint and are accepted as true for purposes of this motion.¹

Plaintiff is a pro se inmate housed at Sing Sing Correctional Facility ("Sing Sing"), a prison within the New York State Department of Corrections and Community Supervision("DOCCS").Plaintiff initiated this action on or about March 3, 2016, for alleged violations of his Eighth and First Amendment rights to adequate medical care and to be free from retaliation, respectively.(SeeCompl.at 2-7.)²The conduct that forms the basis of Plaintiff's Complaint occurred between March 2015 and January 2016.(Id.)

Plaintiff alleges that he suffers from herniated and bulging discs that cause him extreme back pain, for which he was originally prescribed Naproxen.(SeeCompl.at 3, 7.)In early April of 2015, Plaintiff began complaining of his back pain to the nurses at sick call and was prescribed 200mg tablets of Ibuprofen, which he alleged to be insufficient.(Id.)At some unspecified time thereafter, Plaintiff sent letters to his health care provider at the time, Dr. Ferdous, which went unanswered.(Id.)In a grievance regarding this failure to respond to his letters, Plaintiff took issuewith Dr. Ferdous's position of not entertaining inmate letters and recommending that they go to sick call instead.(Id. at Ex. C.)

On April 6, 2015, Plaintiff's pain became so intolerable that he was transferred outside of the facility to Montefiore Mount Vernon Hospital ("Montifiore") where he was admitted for three days, unable to move.(Id. at 3.)During his hospitalization, Plaintiff was treated by Dr. Vernatter and underwent a CAT Scan, blood tests, and was prescribed Percocet and Baclofen for the pain.(Id. at Ex.A.) Dr. Vernatter informed Plaintiff that he would be "given a shot due to [his] back spasm", but ultimately Plaintiff was discharged on April 9, 2015 without having received the shot or a discharge plan.(Id. at 3, Ex.A.)

When he returned to Sing Sing on April 9, 2015, Plaintiff was admitted to the facility's infirmary until April 22, 2015.(Id. at 3.)Upon his discharge, Dr. Muthra³ issued Plaintiff a medically prescribed pass ("medical pass") which permitted him daily showers, the use of a cane, and relief from work and sports.(Id. at 3.)That pass expired on April 27, 2015, and in the days preceding its expiration, Plaintiff unsuccessfully attempted to meet with medical staff to have it renewed.(Id. at 4.)On May 1, 2015, Plaintiff was scheduled to see Dr. Ferdous, but that appointment was cancelled and Plaintiff filed a grievance.(Id. at 4, Exs. B-C.)On May 4, 2015, Plaintiff went to sick call regarding his medical passes, but "nothing was ever done."(Id. at 4.)

In early May of 2015, Plaintiff was treated by Dr. John Galeeno, an outside orthopedic specialist, who discussed treatment options including "foot insoles, orthopedic sneakers, orthopedic boots, physical therapy", cortisone injections, and a double/medical mattress.(Id. at 5.)Plaintiff sent a letter to Dr. Gage, Facility Health Services Director ("FHSD") at Sing Sing, requesting this treatment, and Dr. Gage purportedly told Dr. Ferdous to inform Plaintiff that "security denied [his] medical mattress for security reasons", a statement Plaintiff believes wasfabricated.(Id.)In response, Plaintiff filed a grievance and a complaint with the New York State Department of Health("DOH") against Dr. Gage on May 6, 2015.(Id. at 4, Ex. D.)He also filed a "Reasonable Accommodations Request" to L. Malin(Deputy Superintendent for Programs) asking that Malin consult with Dr. Galeeno regarding the treatment.(Id. at 4, Ex. F.)Plaintiff alleges his request was denied when "Ms. Malin chose to consult with Dr. Gage."(Id.)

The day after Plaintiff filed the grievance against Dr. Gage, Dr. Ferdous authored a medical pass for Plaintiff that would include a bus pass, and permission to take daily showers, carry a cane, receive feed-up (where food is brought to the inmate's cell), and wear transition lenses.(Id. at 4.)As with his others, this medical pass required the approval of Dr. Gage.(Id.)Instead of immediately signing this medical pass - as was her custom - Dr. Gage purportedly stated that she would "think about signing the pass", (id.) and ultimately, on May 15, 2015, issued a medical pass for the use of a cane only, (id. at Ex. H; see also Declaration of Jeffrey Hale in Support of the StateDefendants' Motion to Dismiss("Hale Decl.")(ECF No. 37), at Ex.A.)⁴Plaintiff alleges that this conduct was done to deny and interfere with his medical treatment, (id. at 4), and in retaliation for filing a grievance, (id. at 4, Ex. H.)

In November of 2015, Dr. Gage was purportedly demoted from the position of FHSD and assigned as Plaintiff's primary health care provider.(Id. at 6.)While in this position, during the months of December 2015 and January 2016, Dr. Gage gave Plaintiff"medical call out every week" for appointments with her.(Id.)During every single call out, Plaintiff would arrive and wait for hours, "causing severe back pain due to sitting on hard benches and standing."(Id.)Eventually, a corrections officer would approach Plaintiff and say that Dr. Gage "doesn't know when she's going to see you."(Id.)Dr. Gage did not see Plaintiff during any of these visits.(Id.)

With respect to Alvarado, Plaintiff alleges that he deliberately interfered with his medical treatment on two occasions.(Id. at 6-7.)On May 25, 2015, Alvarado confiscated Plaintiff's cane and cane pass while Plaintiff was attempting to walk through the metal detector.(Id. at 6.)Alvarado claimed to have authority from medical staff to do so.(Id.)On December 14, 2015, Alvarado confiscated Plaintiff's medically prescribed glasses during a search and wrote "a false misbehavior report against"Plaintiff.(Id. at 7.)In response to both instances, Plaintiff filed grievances, (seeid. at Exs. K, L), alleging that Alvarado was interfering with his medical treatment and that his conduct was done "for purposes of harassment; and retaliation . . . ."(Id.)

B.Facts Related to the Motion for Injunctive Relief

Plaintiff's motion asserts that on April 25, 2017, a facility search was conducted and his "mattress and pillow were confiscated."(SeePlf. Mot.at 2.)The mattress was returned on April 27, 2017, and on that day Plaintiff reportedly "sent in a sick call slip" but was not called to see a doctor until the following day.(Id. at 3.)During his visit on April 28, 2017, Plaintiff reportedly informed someone⁵ that his back pain was "severe due to his mattress and pillow being wrongfully confiscated", that his medical pass was due to expire on May 3, 2017, that two of his prescriptions needed refills, and he needed to see an ophthalmologist for new lenses and frames.(Id.)He was informed that his concerns would be relayed to his health care provided "on that day."(Id.)During that visit, Plaintiff received the requested medication refills.

On May 1, 2016 and May 3, 2016, Plaintiff sent slips to sick call regarding his medical passes and pillow.(Id.)He was called to sick call on May 4, 2017 and spoke with an unidentified nurse regarding the expiration of his medical pass and the fact that he still had no pillow.(Id.)Thereafter, on May 7, 2017, Plaintiff wrote to Dr. Ferdous regarding the expiration of his medical pass, the unreturned pillow, and other medical issues.(Id. at 4.)Plaintiff filed this motion on May15, 2017, requesting a preliminary injunction ordering Dr. Ferdous to issue "a temporary medical pass for: bus pass, cane pass, daily showers, feed-up, and transition lenses to not expire until a disposition of this case is rendered."(Id.)Plaintiff did not file any grievances with respect to this request or otherwise avail himself of any administrative remedies.(See...