Gibbs v. Utilization Review Comm.
| Decision Date | 08 September 2022 |
| Docket Number | 3:20-cv-1119 (JAM) |
| Parties | DAVID GIBBS, Plaintiff, v. UTILIZATION REVIEW COMMITTEE et al., Defendants. |
| Court | U.S. District Court — District of Connecticut |
SECOND INITIAL REVIEW ORDER AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS
Plaintiff David Gibbs is a sentenced prisoner in the custody of the Connecticut Department of Correction (DOC). He has filed a second amended complaint alleging that the DOC and certain medical personnel have been deliberately indifferent to his serious medical needs in violation of the Eighth Amendment and that they have violated his rights under the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
This ruling constitutes my initial review order of the second amended complaint pursuant to 28 U.S.C. § 1915A. It also addresses a partial motion to dismiss filed by two of the defendants. In summary, I conclude that Gibbs has alleged plausible claims for relief under the Eighth Amendment against all three of the individual defendants and a plausible claim for relief under the ADA and Rehabilitation Act against the DOC.
Gibbs initially filed a complaint against 18 defendants.[1] On December 4, 2020, I entered an initial review order pursuant to § 1915A dismissing all of his claims without prejudice except for his Eighth Amendment deliberate indifference claim against Dr. Pillai. See Gibbs v. Doe 1-7, 2020 WL 7129584 (D. Conn. 2020).
Gibbs eventually filed a second amended complaint, narrowing his case to name only four defendants: the DOC, Dr. Pillai, Dr Fedus, and Nurse Tawanna Furtique.[2] The second amended complaint alleges two types of federal claims. First, it alleges pursuant to 42 U.S.C. § 1983 that these four defendants were deliberately indifferent to Gibbs's serious medical needs in violation of the Eighth Amendment.[3] Second, it alleges that the defendants failed to make reasonable accommodations for his disability in violation of the ADA, 42 U.S.C. § 12132, and the Rehabilitation Act, 29 U.S.C § 794(a).[4]
I will summarize the somewhat lengthy allegations of the second amended complaint. After being arrested for murder in 1993 Gibbs injured his right ankle while in pretrial custody at the Hartford Correctional Center.[5] Gibbs was still experiencing some pain related to his ankle when, in 1998, he was convicted, sentenced to life in prison, and transferred to MacDougall-Walker Correctional Institution (MacDougall).[6]
At MacDougall, Gibbs immediately requested to see a foot doctor because of the “excruciating pain in his right ankle[,] which made ambulating very difficult.”[7] Despite his pain, the only treatment Gibbs received was low-level pain medication and instructions to exercise his ankle regularly, even though exercise would cause his ankle to swell.[8] Gibbs was later diagnosed with degenerative joint disease in both his right and left ankles.[9] His pain persisted, and he requested an MRI, but the DOC's Utilization Review Committee refused on several occasions to authorize Gibbs to see an orthopedic doctor or to have an MRI performed because it “was not a medical necessity and .. the current treatment appear[ed] appropriate.”[10]
At some point, Gibbs met with podiatrist Dr. Fedus, who allegedly relied on old reports to diagnose Gibbs with degenerative joint disease and osteoarthritis, while ignoring diagnostic reports that suggested Gibbs's ankle injuries were trauma related.[11] At one visit, Dr. Fedus told Gibbs he should wait until he got home to have an MRI because of the cost; then after Gibbs told Dr. Fedus that he was serving a life sentence, Dr. Fedus said that “he did not believe that the DOC should pay for inmates to [obtain] MRIs.”[12]
In 2008, Gibbs met with orthopedist Dr. Mazzocca, who further diagnosed Gibbs's ankle injuries.[13] Like Dr. Fedus, Dr. Mazzocca also allegedly failed to acknowledge diagnostic reports indicating that Gibbs's ankle injuries were trauma related.[14]
Gibbs's condition grew worse.[15] He was in constant pain, and his ankle and foot injuries started to affect other areas of his body.[16] His “inability to ambulate” made it difficult to accomplish minor tasks and began to affect his daily life activities.[17] At some point, Gibbs's ankles became so swollen that his feet would not fit into his shoes, and when he was able to fit his foot into a shoe, the foot would become sore and develop visible wounds.[18]
Dr. Fedus continued to see Gibbs but allegedly grew resentful toward him and “began to present an attitude of malice and indifference.”[19] Dr. Fedus continued to deny Gibbs's requests for an MRI.[20]
In February 2011, Gibbs submitted a request for medical assistance to Health Services Administrator Lightner.[21] She assured him that he would be seen by a podiatrist other than Dr. Fedus in the future, and she told him that she would personally oversee his treatment going forward.[22] Gibbs met only once with the other podiatrist before he was told that the podiatrist had stopped working at the facility, and he was once again assigned to Dr. Fedus.[23] Lightner did not oversee the process, ignored Gibbs's further complaints about Dr. Fedus, and allegedly stated that it did not matter to her that Gibbs was unsatisfied with his medical treatment.[24]
Gibbs continued to receive treatment consisting of low-level pain medication and shoe inserts.[25] His ankles continued to swell.[26] At times, “because the pain was unbearable,” he would wear slippers instead of shoes.[27] But he was threatened with discipline because only a member of the medical unit can authorize the use of slippers, and Dr. Fedus had refused to grant Gibbs authorization.[28] In mid-2017, another DOC doctor noticed Gibbs's swollen ankles and recommended an MRI, and so Gibbs finally received an MRI in October 2017.[29] The MRI revealed several injuries.[30] Around that same time, Gibbs became aware of diagnostic reports from 1998 and 2000 suggesting that his injuries were caused not by degenerative joint disease, as Dr. Fedus has diagnosed, but rather by trauma.[31]
As a result of the MRI, Gibbs was immediately scheduled for surgery on his left ankle.[32]After the surgery, Gibbs was housed in the MacDougall infirmary until approximately January 4, 2018.[33] Meanwhile, in late November 2017, Gibbs was placed in a “cam-walker boot,” but contrary to his surgeon's discharge instructions, he did not simultaneously receive rehabilitation services.[34] He began the weightbearing process in December 2017, but he still was not provided rehabilitation.[35] Although Gibbs asked whether Dr. Fedus could recommend “soft-back” shoes, Dr. Fedus responded that “you were able to get yourself a MRI, you can find a way to get the shoes.”[36] Dr. Fedus was “well aware” that regular shoes continued to exacerbate Gibbs's injuries and cause him pain.[37]
A week into the weightbearing process, Gibbs's foot became swollen, and Dr. Pillai came to examine the foot.[38] Dr. Pillai stated that the issue was the breaking of scar tissue and that the foot was not infected, and he refused Gibbs's request for a follow-up with the UConn Health Center.[39] A nurse stated that “[Gibbs's] foot does not look good at all,” and Dr. Pillai agreed to schedule a follow-up, but none ever occurred.[40]
When Gibbs complained that the issue was more severe than the breaking of scar tissue, Dr. Pillai allegedly retaliated by demanding that the nurse take Gibbs's crutches, provide him with a cane, and discharge him from the infirmary.[41] Dr. Pillai also refused to provide Gibbs a wedge or to allow him to buy an extra pillow for the purpose of elevating his foot.[42] Before leaving the infirmary, Gibbs demonstrated that he was unable to walk with a cane, and he asked a nurse for crutches, which she provided.[43]
In late January 2018, Physician Assistant Kevin McCyrstal berated Gibbs for allegedly having a cam boot, even though it had been returned when Gibbs left the infirmary.[44] After a nurse confirmed that Gibbs no longer had a cam boot, Gibbs asked McCyrstal if he would request the follow-up appointment Dr. Pillai had previously promised, but McCyrstal dismissed him and threatened to issue a disciplinary report if Gibbs ever returned wearing a boot.[45]
Approximately two months later, McCyrstal called Gibbs to the medical unit to discuss a request Gibbs had sent to Lightner.[46] McCyrstal assured Gibbs that he would receive a follow-up at UConn Health Center, but the follow-up never occurred.[47] In May 2018, Gibbs met with Dr. Mazzocca, who stated that Gibbs's ankle was “exceptionally weak.”[48] He told Gibbs he would order an MRI, and he “prescribed” that Gibbs be allowed to order softback sneakers.[49]
In July 2018, in accordance with Dr. Mazzocca's recommendation, Gibbs was granted a “sneaker pass,” which allowed his family to purchase him softback sneakers.[50] Gibbs received the sneakers, and they helped in alleviating some of his pain and suffering.[51] They reduced the swelling in his ankles, and they enabled him to participate in recreational activities and attend his “prison programs.”[52]
In October 2018, Gibbs was seen by Dr. Ross of the UConn Health Center.[53] He explained to Dr. Ross “that the post-operative course was troublesome as he didn't get adequate rehab and wasn't give[n] the right shoewear,” but that “[h]e recently was given softer shoes[,] which seem to help with the pain somewhat.”[54] At Gibbs's request, Dr. Ross formally recommended that he be allowed to continue wearing softer shoes; Dr. Ross also recommended that he take anti-inflammatory drugs and ice the area.[55]
Upon returning from UConn to MacDougall, Gibbs asked to be...
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