Carrasquillo v. City of New York
| Decision Date | 25 June 2004 |
| Docket Number | No. 03-CV-9027 (CM).,03-CV-9027 (CM). |
| Citation | 324 F.Supp.2d 428 |
| Parties | Nestor CARRASQUILLO, Plaintiff, v. The CITY OF NEW YORK, et al., Defendants. |
| Court | U.S. District Court — Southern District of New York |
Nestor Carrasquillo, Coxsackie Correctional Facility, Coxsackie, NY, pro se.
Seth D. Eichenholtz, City of New York Law Department, New York, NY, for Defendants.
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS
Plaintiff Nestor Carrasquillo brings this action seeking compensatory and punitive damages against Defendants City of New York (the "City"), Elmhurst Hospital (the "Hospital"), and the following employees of the New York City Department of Correctional Services (DOCS), sued in their individual and official capacities (collectively, the DOCS Employees): William Fraser, Gary Lanigan, Darryl Harrison, Elizabeth Laconsolo, Linda Lagreca, John Antonelli, Elmer Toro, Antonio Figueroa, Luis Burgos, Thomas Antenen, Catherine Raymond, Anthony Serra, Steven Conry, Jorge Ocasio, Leroy Grant, Terrence Skinner, Caroline Thomas, McGugins, Linda Lidz, Burt Schall, "John Doe," Richard Pagan, George Jeanty, Azmat Hasan, and Nicholas Pantea. Plaintiff claims (1) a civil rights violation under 42 U.S.C. §§ 1983 and 1985, and (2) a violation of the Americans with Disabilities Act.
The City Defendants (all served defendants except Elmhurst Hospital and Pantea) move to dismiss Plaintiff's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, Defendants' motion is granted in part and denied in part.1
Dismissal of a complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is proper where "it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief." Harris v. City of New York, 186 F.3d 243, 247 (2d Cir.1999). The test is not whether Plaintiff is ultimately likely to prevail, but whether he is entitled to offer evidence to support his claims. Chance v. Armstrong, 143 F.3d 698, 701 (2d Cir.1998). The court assumes that all factual allegations in the complaint are true, and draws all reasonable inferences in Plaintiff's favor. EEOC v. Staten Island Sav. Bank, 207 F.3d 144 (2d Cir.2000). Moreover, when the complainant is pro se, the court must construe the pleadings liberally. See Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). A pro se complaint, "however inartfully pleaded," must be held to "less stringent standards than formal pleadings drafted by `lawyers.'" Id. at 520-21, 92 S.Ct. 594 (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)).
This case arises out of a prisoner's allegation that he was injured in a bus accident while riding as a passenger on a DOCS bus from Rikers Island to court. Plaintiff contends that he was injured due to the bus driver's misconduct and thereafter denied proper medical treatment for the injuries he sustained in the bus accident.
Plaintiff alleges that on February 7, 2003, while he was in the custody of DOCS and being transported to a New York County courthouse, the bus on which he was a passenger collided with a truck on the Manhattan Bridge. He claims that the accident was the fault of the "reckless" bus driver, identified only as "John Doe," who "was traveling at an excessive ... speed ... despite icy conditions." (Am.Compl. ¶ 5.)
While on the bus, Plaintiff was handcuffed and was not provided with a seatbelt. He alleges that in the crash he sustained injuries to the head, spine, back, neck, legs, and hips, temporarily lost consciousness, and now suffers from migraine headaches, faintness, chest pains, periods of unconsciousness, and breathing problems. Plaintiff claims that the City is responsible for the bus driver's "recklessness" and for failing to provide safe transportation by forcing handcuffed inmates to ride without seat belts. (Am.Compl. ¶ 4.)
At the scene of the accident, Plaintiff allegedly requested medical attention, but was denied immediate treatment and was instead threatened, harassed, and forced to continue traveling to the courthouse while "in extreme pain and suffering." (Compl. ¶ 7.) Plaintiff later received medical treatment at Elmhurst Hospital in Queens, but claims he was denied "appropriate medical treatment," which, according to Plaintiff, would have included an examination for internal injuries.
On February 9, 2003, Plaintiff saw DOCS medical Employee Jeanty on sick-call procedure. When Plaintiff requested an appointment with a specialist to examine Plaintiff's injuries, Jeanty allegedly "became furious," raised his voice, threatened and harassed Plaintiff, and told him to leave without any treatment.
Plaintiff then saw another medical Employee, Hasan, who prescribed Tylenol and Motrin for Plaintiff's pain. Plaintiff, however, contends that he requested, but was denied, a crutch or cane; he further alleges that the medication Hasan prescribed caused Plaintiff chest pains. When Plaintiff requested more treatment, Hasan allegedly stated that "the health services still did not have the medication," that "too much money was being spend [sic] on [Plaintiff]," and that Plaintiff "should just go back to his tier and ask for Tylenol." (Am.Compl. ¶ 15.)
Plaintiff then sought medical attention on April 22, 2003, from DOCS medical Employee Pantea, who also denied him a crutch or cane, despite "knowing" of the deterioration of Plaintiff's body, and that "plaintiff could hardly support himself." (Am.Compl. ¶ 18.)
Plaintiff further claims that he took several steps to report and receive more adequate help for his injuries, but that his complaints and requests were either ignored or not handled properly. In the weeks following the accident, Plaintiff asserts, he reported the problems with the medical staff, requested further medical treatment, and asked DOCS to conduct an investigation into the bus accident that had caused Plaintiff's injuries. He directed these letters to the following DOCS administrative Employees, who allegedly ignored all of Plaintiff's letters: Thomas, McGugins, Ocasio, Skinner, Grant, Conry, Lidz, Schall, Serra, Raymond, Antenen, Burgos, Figueroa, and Toro.
Plaintiff also filed two grievances with the Department of Correction's Inmate Grievance Resolution Program on February 10, 2003. In the first grievance, Plaintiff explained that he had been in a bus accident, and requested a hearing, an investigation, an examination by an orthopedic surgeon, and a cane and crutches. (Ex. H.) In the second grievance, Plaintiff explained his alleged physical and mental suffering, vaguely requested "help" from DOCS, and threatened to sue if he were not given help. Plaintiff resubmitted identical grievances on April 2, 2003.
Finally, Plaintiff claims, despite his difficulty walking, he was placed in housing that was "a distance away from the infermary [sic], law library" and other services, and so had to walk great distances to use those services, which caused him substantial pain and suffering. (Am.Compl. ¶¶ 2-3.)
Plaintiff has sued the City in state court for the injuries he suffered in the bus accident. I construe the allegations of this complaint in a manner that does not duplicate Plaintiff's state court claims. After parsing his rambling complaint, I conclude that Plaintiff asserts the following claims against Defendants:
1. John Doe, the City, and the DOCS administrative Employees are liable for causing Plaintiff's injuries and failing to respond to Plaintiff's numerous demands for an investigation into the February 7 bus accident, in violation of 42 U.S.C. § 1983.
2. The DOCS Employees are liable for violating Plaintiff's Eighth Amendment right (a) by denying Plaintiff proper treatment for his debilitating injuries; and (b) by failing to respond to Plaintiff's numerous complaints about inadequate medical treatment, in violation of 42 U.S.C. § 1983.
3. The DOCS administrative Employees are liable for conspiring to cover up the bus accident, Plaintiff's injuries, and Plaintiff's alleged denial of adequate medical treatment, in violation of 42 U.S.C. § 1985.
4. The DOCS Employees are liable for placing Plaintiff in housing that was far away from prison services, thereby forcing Plaintiff to walk great distances and experience great pain, in violation of the Americans with Disabilities Act (ADA).
5. The City is liable because its employees deprived Plaintiff's of his civil rights, in violation of 42 U.S.C. § 1983.
Despite naming him as a party, Plaintiff does not mention Defendant Pagan anywhere in his complaint, or specifically allege his personal involvement in any of the actions that led to the alleged deprivations of Plaintiff's constitutional or federal rights. The complaint against Defendant Pagan is therefore dismissed. Morabito v. Blum, 528 F.Supp. 252, 262 (S.D.N.Y.1981)
Defendants first move to dismiss all of Plaintiff's claims relating to the bus accident and the adequacy of the investigation into that accident, on the ground that Plaintiff never exhausted his administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a).
In this case, Plaintiff alleges that he exhausted his administrative remedies by filing two grievances with the Rikers Island Inmate Grievance Resolution Committee (IGRC) on February 10, 2003, three days after the bus accident, and refiling those same grievances on April 2, 2003. Both of the grievances address the adequacy of his medical care. (Ex. H.) Neither grievance sought any...
To continue reading
Request your trial
-
Alster v. Goord
...to exclusion from participation in services of a public entity by reason of disability. See 42 U.S.C. § 12132; Carrasquillo v. City of N.Y., 324 F.Supp.2d 428, 443 (S.D.N.Y.2004). The State Defendants contend that even if Alster can establish an ADA violation, he cannot bring a damages acti......
-
Thompson v. Virginia
...Truck Equipment Co. , 183 F.3d 902, 907–08 (8th Cir. 1999) (no evidence suggesting intent to punish); Carrasquillo v. City of New York , 324 F.Supp.2d 428, 436 (S.D.N.Y. 2004) (car accident due to negligence); Cooks v. Crain , 327 Fed.Appx. 493, 493 (5th Cir. 2009) (general failure to insta......
-
Evans v. State
...Cir.2004) (medical conditions); Brady v. Attygala, 196 F.Supp.2d 1016 (C.D.Cal. 2002) (failure to protect), Carrasquillo v. City of New York, 324 F.Supp.2d 428 (S.D.N.Y.2004) (ADA violation), Treesh v. Taft, supra, 122 F.Supp.2d 887 (denial of condemned inmate's right to make last statement......
-
Andino v. Fischer
...Alster v. Goord, No. 05 Civ. 10883(WHP), 2008 WL 506406, at *3, 7 (S.D.N.Y. Feb. 26, 2008) (referencing Carrasquillo v. City of New York, 324 F.Supp.2d 428, 441-42 (S.D.N.Y.2004)). Neither Title II nor § 504 of the Rehabilitation Act provide for individual capacity suits against state Atkin......
-
Carrasquillo v. City of New York.
...District Court TRANSPORTATION Carrasquillo v. City of New York, 324 F.Supp.2d 428 (S.D.N.Y. 2004). A city prisoner brought a suit alleging he was injured in a bus accident while being transported to court. The district court dismissed the action, in part. The court held that the city did no......