McTerrell v. Koenigsmann, 1:18-CV-01028 EAW
| Decision Date | 18 June 2019 |
| Docket Number | 1:18-CV-01028 EAW |
| Parties | SEAN MCTERRELL, Plaintiff, v. C. KOENIGSMANN, et al., Defendants. |
| Court | U.S. District Court — Western District of New York |
Pro se plaintiff, Sean McTerrell ("Plaintiff"), an inmate incarcerated at the Attica Correctional Facility, filed this action seeking relief under 42 U.S.C. § 1983. (Dkt. 1). Plaintiff has also requested permission to proceed in forma pauperis. (Dkt. 7). Since filing the instant action, Plaintiff has repeatedly moved to amend or correct his Complaint to add Defendants and claims. (Dkt. 8; Dkt. 10; Dkt. 13; Dkt. 15; Dkt. 16; Dkt. 18; Dkt. 20; Dkt. 22; Dkt. 23). Plaintiff has additionally requested assignment of counsel (Dkt. 17; Dkt. 21), a temporary restraining order, and a preliminary injunction (Dkt. 1 at 4; Dkt. 8 at 2; Dkt. 15; Dkt. 17).
Plaintiff alleges that while he was confined at the Southport Correctional Facility ("Southport"), Attica Correctional Facility ("Attica"), Elmira Correctional Facility ("Elmira"), and Auburn Correctional Facility ("Auburn"), Defendants violated his equal protection rights, Eighth Amendment rights, and rights pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.
The Court has reviewed Plaintiff's motion for in forma pauperis status, and it is granted. The Court has also reviewed the complaint as required by 28 U.S.C. § 1915(e)(2), and finds the following claims are sufficient to proceed to service: (1) denial of medication in violation of Plaintiff's Eighth Amendment rights by Southport Nurse Jane Doe, Nurse Bonner, and Attica Doctors John and Jane Does; (2) denial of treatment for kidney failure in violation of Plaintiff's Eighth Amendment rights by Attica Doctors John and Jane Does; (3) denial of mental health treatment following attempted suicide in violation of Plaintiff's Eighth Amendment rights by Long and Forster; (4) violation of right to privacy by Nurse Sault and Nurse Yates; (5) excessive use of force by Roberts and Forster; (6) excessive use of force by Scyrous/Skoczylas1; (7) failure to protect by Dr. Galite; (7) unlawful conditions of confinement by Nurse Kasal; (8) unlawful conditions of confinement by Attica Corrections Officers John and Jane Does; and (9) retaliation by Nurse Sault.
The following facts are taken from Plaintiff's Complaint and supplemental filings,2 and are presumed true at this stage of the proceedings.
Between June 28, 2017, and April 13, 2018, Plaintiff was housed at Auburn. (Dkt. 1 at 4). From June 28, 2017, until January 19, 2018, Plaintiff did not take his AIDS medication because he was afraid of adverse reactions. (Id. at 3). On July 7, 2017, Plaintiff was taken to Syracuse Hospital. (Id.). After 59 days of refusing medication, he went into toxic shock "that destroyed [his immune] system beyond repair." (Id.).
On January 16, 2018, Plaintiff had an appointment with Dr. Dinello to discuss his HIV medication. (Id. at 4; Dkt. 13 at 1). Plaintiff had previously been cleared by pharmacist D. Sanders to use Rayetez, Noriver, and Travada, but Plaintiff did not take them because their labels indicated that they could have an adverse reaction with other drugs he was already prescribed. (Dkt. 13 at 1). Plaintiff asked Dr. Dinello to be tested for gene variation HLA-B*57013 to find out if he would have an adverse reaction to a different medication, Epzicom. (Dkt. 1 at 4; Dkt. 13 at 1). Dr. Dinello told Plaintiff he would order the test, and had his blood drawn. (Dkt. 13 at 2). However, Dr. Dinello never ordered thetest and instead ordered that Plaintiff be prescribed Epzicom. (Dkt. 1 at 4). Plaintiff refused to start taking the Epzicom, and he alleges he was sent to the SHU as a result. (Dkt. 13 at 2). Plaintiff lost half of his t-cells, had extreme stomach pain and bowel troubles for six weeks, lost weight, and developed Graves' Disease, a rash, "neuropathy," and suicidal thoughts. (Dkt. 1 at 4).
At some point when Plaintiff was housed at Auburn, the facility was on lockdown for six-and-a-half days, during which time Plaintiff did not wash himself or have a hot meal. (Id. at 3).
Plaintiff was transferred to Southport on or about April 13, 2018. (Id.). After he arrived, the doctor would not change his HIV medication, telling him he did not stay on the previous medication long enough. (Id.). Additionally, Nurse Administrator Von Higgens would not order the HIV medication Plaintiff wanted. (Dkt. 13 at 2). Some of Plaintiff's medications were discontinued by Dr. Gonzalez and Nurse Watkins ("Watkins") "for no reason": Geadon, Claratin, Glucerna, "eye drops," and Nasacort. (Dkt. 1 at 4). One of the nurses4 also did not give Plaintiff his medication for four days. (Id.).
On May 8, 2018, Plaintiff was housed at Elmira. (Id. at 4, 73). A corrections officer sprayed another inmate with mace, and Plaintiff could not breathe. (Id. at 4). The officer refused to open a window or get a nurse to bring Plaintiff his asthma pump. (Id.).
Plaintiff arrived at Attica on June 13, 2018, where he was denied use of the law library to write a supplemental brief. (Dkt. 13 at 2). He also alleges that CorrectionsOfficer Leanton "was racist in the E.R." because he called Plaintiff a dumb monkey, a comment Plaintiff responded to by grabbing a chair and ramming the door until someone came. (Id.).
While at Attica, Plaintiff refused to take Presistatin starting on July 13, 2018, a medicine Doctor Moorjay had prescribed "because [Plaintiff] was having trouble swallowing." (Id.). At an unknown time, the prescription was changed to Presista 800mg, which Plaintiff "started [] without knowing any of the drug contras." His problems with swallowing were caused by a throat infection, and while the infection was treated with Diflucan, Plaintiff lost 17 pounds because he could not swallow. (Id.). Plaintiff was denied weight-gain medication by Doctors William, Graf, and Lakowski. (Id.).
On July 24, 2018, Plaintiff alleges he began to hear voices and attempted suicide. (Id.). He further alleges that "Dr. John Doe would not give me anything for the voices." (Id.). The same day, Plaintiff refused to enter his SHU cell because "the devil was in that cell." (Id. at 3). Sergeant Rafferty called Forster from the mental health unit, who came and told him to go in his cell. (Id.). Sergeant Long said he would write Plaintiff up unless he went in the cell, so Plaintiff went in and tried to hang himself. (Id.). Corrections Officers Roberts and Forster "rip[p]ed the rope from [Plaintiff's] neck, knock[ed] [him] to the floor, punched [him] in [the] ribs 4 times," forced a knee to the back of his head, and kicked him in the groin before placing him in handcuffs. (Id.). Plaintiff was then slammed onto a gurney where he had a seizure. (Id.). Doctors Graf and William took x-rays of his neck but did not allow him a remote video medical consultation, give him medication, orotherwise treat his injuries. (Id.). Plaintiff was transported back to the mental health unit on the gurney in his underwear with his genitals exposed. (Id.).
In August of 2018, Plaintiff was given an overdose of medication which caused him severe pain. (Id.).
On or about October 26, 2018, another inmate found Plaintiff's glasses in the shower. (Dkt. 12 at 6). A sergeant searched the inmate's cell and found pieces of broken glasses and the frames, which were given to Plaintiff. (Id.). At Sergeant Baker's request, Plaintiff gave the broken pieces to Sergeant Baker. (Id.). Plaintiff was then told by the eye doctor that he would have to pay to replace the glasses on his own. (Id.).
On November 1, 2018, Plaintiff was diagnosed with kidney failure/renal insufficiency at W.C.C.H.,5 told to start a non-fat renal diet, and taken off his pain medications. (Dkt. 8 at 1; Dkt. 13 at 2). Plaintiff was also forced to stop taking AIDS medication because of the adverse effects, including liver and kidney failure. (Dkt. 8 at 2). Plaintiff alleges "I am in extreme pain and death is upon me," and that mental health doctors "have stopped my meds because of this." (Id.).
On December 21, 2018, Plaintiff went to the emergency room at Attica for chest pains, where "Dr. Williams would not even give me one aspirin and sent me back to the SHU." (Id.). On January 7, 2019, Doctor Moorjay spoke with Plaintiff via videoconference and called Plaintiff "shitty." (Dkt. 12 at 7). Plaintiff also alleges that Nurse Casaic "stabbed me with an insulin needle," giving him nightmares. (Id.).
On January 13, 2019, Plaintiff was again taken to a medical center for chest pains. (Dkt. 13 at 3). Plaintiff adds that he has never been given an ace inhibitor or other blood pressure medication, and that he has been refused Pepcid, Pepto Bismol, Maalox, and ex-lax, which he believes will help him "tolerate my cocktail." (Id.). Also on this day, Doctor Graf denied him a "renal diet" which was recommended at the W.C.C.H. in November. (Id.). On March 1, 2019, "MD William came and he did not hook me up to a heart monitor or order anything for my heart but Tylenol and discharge me out of retaliation." (Dkt. 18 at 1).
Plaintiff alleges that he had an appointment with Dr. Galite on March 11, 2019, where he told the doctor that his kidneys were better, that he wanted self-carry for his medication, that the nurses were not bringing him his HIV medications, and that the doctor should recommend Hepatitis C treatments for him. (Dkt. 23 at 2). Dr. Galite did not do anything after this meeting. (Id.). Additionally, on March 18, 2019, Plaintiff claims he was misdiagnosed by social worker Jacklen Gorski. (Id.).
On another occasion, Plaintiff asked Dr. Graf and Dr. Williams for medical boots and medicine to treat his feet for neuropathy caused by Type 2 diabetes and AIDS. (Dkt. 18 at 1). They said they would order them and never did, and they also have not monitored his kidney and liver function. (Id.).
Plaintiff alleges Ms. Fuller and Superintendent Noeth did not allow him to...
To continue reading
Request your trial