Boyd v. Rhode Island Dept. of Corrections, C.A. 00-86T.

• Decision Date: 25 June 2001
• Docket Number: No. C.A. 00-86T.,C.A. 00-86T.
• Citation: 160 F.Supp.2d 213
• Parties: Michael BOYD v. RHODE ISLAND DEPARTMENT OF CORRECTIONS, et al.
• Court: U.S. District Court — District of Rhode Island

160 F.Supp.2d 213

Michael BOYD v. RHODE ISLAND DEPARTMENT OF CORRECTIONS, et al.

No. C.A. 00-86T.

United States District Court, D. Rhode Island.

June 25, 2001.

Report and Recommendation adopted by the District Court July 20, 2001.

Michael Boyd, pro se.

Jay M. Elias, Providence, WA, Rebecca N. Warr, Riverside, RI, for defendants.

Report and Recommendation

HAGOPIAN, United States Magistrate Judge.

Plaintiff Michael Boyd, incarcerated at the Adult Correctional Institution ("ACI"), in Cranston, Rhode Island, has filed an Amended Complaint pursuant to 42 U.S.C. § 1983 alleging a violation of his federal constitutional rights. He names as defendants various employees and officials at the ACI. Currently before the Court are the motions of defendants Dr. Anne Spaulding and Dr. Timothy Flannigan to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff has objected to Dr. Spaulding's motion, but not to Dr. Flannigan's.

This matter has been referred to me pursuant to 28 U.S.C. § 636(b)(1)(B) for a report and recommendation. For the reasons that follow, I recommend that Dr. Flannigan's motion to dismiss be granted, and Dr. Spaulding's motion to dismiss be denied.

I. Background

Plaintiff Michael Boyd, an inmate confined at the Adult Correctional Institution, Cranston, Rhode Island, filed an Amended Complaint pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights. In his Amended Complaint, plaintiff names as defendants: Dr. Tej Bansal, Dr. Chang, Joseph Marocco, Dr. Anne Spaulding, George Vose, Marim Brown, Lorrane Ware, Dr. Flannigan, Jake Gadsen, Lt. Marco, Lt. Todd Amaral, Lt. Muernier, Carole Dwyer, and Stephen Molker. Plaintiff's factual allegations, which are taken as true for purposes of the instant motion, are as follows. Plaintiff alleges:

A. Amended Complaint.

In June 1994, the plaintiff contacted Dr. Bansal with respect to a cyst that the plaintiff had on the verge of his rectum. Dr. Bansal declined to examine the plaintiff at that time, even though the plaintiff informed Dr. Bansal that he was in pain. A few days later, the plaintiff was seen by Dr. Chang. Dr. Chang informed the plaintiff that the cyst needed to be "lanced out".

Several weeks passed, and the plaintiff did not receive any treatment for the cyst. Plaintiff then submitted a medical slip, and saw Dr. Watson, a non-party to this litigation. Dr. Watson also agreed that the cyst needed to be lanced out.

Several weeks passed again, and the plaintiff still did not receive any treatment. Then, in "October"¹, Dr. Watson examined the plaintiff again. Dr. Watson told the plaintiff that he needed surgery due to the lack of prompt medical care.

Plaintiff then contacted his attorney, his family, and Governor Lincoln Almond, with respect to his lack of medical care. As a result of making these inquiries, plaintiff was placed in the High Security Unit at the ACI. While in high security, Dr. Bansal threatened to keep the plaintiff in the hospital if he did not stop calling his lawyer, his family and the Governor. In January 1997, plaintiff finally had surgery on the cyst.

Plaintiff then alleges that he contacted a state representative, Maxine Shavers, with respect to his inadequate medical care that the ACI. After contacting Shavers, plaintiff alleges the DOC fabricated a disciplinary charge on July 29, 1999. In the disciplinary charge, plaintiff was accused of assaulting another inmate.

With respect to the disciplinary charge, plaintiff alleges that correctional officers failed to conduct an investigation, and that during the disciplinary hearing, he was not permitted to present a defense. The disciplinary board ultimately found the plaintiff guilty, which was affirmed by Warden Gadsen. As a result of the guilty finding, plaintiff received 25 days in segregation and lost 53 days of good time credit.

While in segregation, plaintiff was charged with additional disciplinary infractions, including, extortion, threatening, and stealing. The disciplinary charges were based upon confidential informants, who, the plaintiff alleges were neither confidential nor reliable.

At the disciplinary hearing on the new charges, plaintiff alleges that the board falsified the report which stated that Lt. Marko testified before the board, when, in fact, he did not. Plaintiff alleges that as a result of these two guilty findings by the disciplinary board, he was denied parole.

Based upon the above allegations, plaintiff asserts in his Amended Complaint that he is entitled to redress pursuant to 42 U.S.C. § 1983 for violations of his Eighth and Fourteenth Amendment rights.

B. Plaintiff's "Supplemental" Complaints and "Supplemental Complaint Continuation."

Plaintiff thereafter filed with the Court two "Supplemental" Complaints and one "Supplemental Complaint Continuation." Defendant Spaulding has objected to the Supplemental Complaints. After reviewing the averments made therein, the "Supplemental" Complaints and the "Supplemental Complaint Continuation" are more akin to amendments to his Amended Complaint since the averments set forth transactions that occurred during the time frame set forth in the Amended Complaint. See Fed.R.Civ.P. 15(a); Fed.R.Civ.P. 15(d).

Since the plaintiff is pro se, I will treat the averments made in the "Supplemental" Complaints and the "Supplemental Complaint Continuation" as amendments to his Amended Complaint. Plaintiff's assertions therein are as follows. Plaintiff alleges:

1. Plaintiff's "Supplemental Complaint" Regarding Dr. Spaulding.

Plaintiff asserts that Dr. Spaulding examined the plaintiff on numerous occasions between May 3, 1997 and March 3, 2000, and that Dr. Spaulding had told him that his medical problems were all "in his head." But on March 3, 1997, Spaulding told the plaintiff that he needed surgery for a hernia, and that he would be taken to an outside facility for treatment. Plaintiff, however, did not receive the surgery as indicated by Spaulding. Thereafter, Spaulding saw the plaintiff, and apologized for his lack of medical care.

Plaintiff then alleges that he contracted Hepatitis C "from the medical staff" at the ACI. Plaintiff was given interferon for his hepatitis, and alleges that Spaulding admitted that he was taken off the interferon prematurely by an ACI nurse. Plaintiff avers that Spaulding knew of his medical problems, but did nothing to help him. Plaintiff asserts that he was in "pain and suffering" and that Spaulding allowed his medical conditions to go untreated.

2. Plaintiff's "Supplemental Complaint Continuation."

In June 1994, Dr. Chang examined the plaintiff with respect to the cyst. Chang prescribed medication, and requested that a furlough be granted so the plaintiff could have the cyst lanced out. On July 14, 1994 and on August 5, 1995, plaintiff was reexamined by Dr. Chang and was continued on his medication.

On August 22, 1995, Plaintiff saw Chang again, and requested treatment. Dr. Chang thereafter made an agreement with the plaintiff to treat him so long as he didn't file suit against the DOC. The plaintiff even offered to pay for the treatment. On or about October 22, 1995, the DOC reneged on this agreement, but provided the plaintiff with the surgery. Following plaintiff's operation, Dr. Chang examined the cyst area, and told the plaintiff that it was properly healed, even though the plaintiff was still in pain.

Plaintiff then avers that defendants Marocco, Gadsen, Vose, and Dr. Bansal knew of the plaintiff's medical issues, and did nothing to ensure that he get proper treatment. Plaintiff also alleges that Dr. Bansal removed and destroyed documents from the plaintiff's medical file.

With respect to plaintiff's disciplinary infractions, plaintiff alleges that Deputy Dywer and Inspector Molker failed to properly investigate plaintiff's bookings. Plaintiff also asserts that Lt. Muernier and members of the disciplinary board refused to allow the plaintiff to call witnesses.

3. Plaintiff's "Supplemental Complaint" regarding Dr. Timothy Flannigan.

Dr. Flannigan examined the plaintiff on June 15, 1995 with respect to the cyst on the plaintiff's rectum. Dr. Flannigan thereafter told the plaintiff the had hemorrhoids, and that the plaintiff did not need surgery. Plaintiff alleges since Dr. Flannigan did not take other courses of action, he was in pain, and that Dr. Flannigan helped the DOC cover up his medical problems.

C. Instant Motions.

Defendants Dr. Timothy Flannigan and Dr. Anne Spaulding have moved to dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Drs. Flannigan and Spaulding assert that the (1) facts alleged by the plaintiff fail to rise to a constitutional level and (2) instant claims are barred by the applicable statute of limitations. Accordingly, they assert that they are entitled to a dismissal pursuant to Fed.R.Civ.P. 12(b)(6).

II. Discussion

A. Rule 12(b)(6) Standard.

Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for the dismissal of actions which fail to state a claim upon which relief can be granted. In ruling on a motion filed under Rule 12(b)(6), the court must "accept the well pleaded factual averments of the *** complaint as true, and construe these facts in the light most favorable to the [plaintiff]." Chongris v. Board of Appeals, 811 F.2d 36, 37 (1st Cir.1987). A Rule 12(b)(6) motion will only be granted when, viewed in this manner, it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957).

Under a Rule 12(b)(6) motion, "a reviewing court is obliged neither to credit bald assertions, periphrastic circumlocutions, unsubstantiated conclusions, or outright vituperation, nor to honor subjective characterizations, optimistic predictions, or problematic suppositions." United States v. AVX Corp., 962 F.2d 108, 115 (...