Sonsini v. Leb. Cnty.
| Decision Date | 16 February 2021 |
| Docket Number | CIVIL NO: 1:20-CV-00392 |
| Parties | RENALDO JOHN SONSINI, II Plaintiff, v. LEBANON COUNTY, et al., Defendants. |
| Court | U.S. District Court — Middle District of Pennsylvania |
(Magistrate Judge Schwab)
Claiming that his rights were violated in numerous ways while he was a prisoner at the Lebanon County Correctional Facility, the plaintiff, Renaldo John Sonsini, II, has sued 22 defendants as well as an undetermined number of John and Jane Doe defendants. Currently pending is a motion to dismiss filed by fourteen of the defendants. For the reasons discussed below, we will grant in part and deny in part that motion to dismiss. We will also dismiss without prejudice the other defendants who have not been served. And we will grant Sonsini leave to file a second amended complaint.
Sonsini began this case in the Court of Common Pleas of Lebanon County, Pennsylvania. On March 6, 2020, those defendants who had been served removed the case to this court pursuant to 28 U.S.C. § 1441(a).
Sonsini had previously filed in this court a complaint identical to the one in this case. See Sonsini v. Lebanon County, 1:19-CV-02232 (M.D. Pa.). During a conference call with the parties on March 23, 2020, we discussed why Sonsini had two identical pending cases, and Mr. Sonsini agreed that he would dismiss Sonsini v. Lebanon County, 1:19-CV-02232 (M.D. Pa.), and proceed with this case. Sonsini later voluntarily dismissed Sonsini v. Lebanon County, 1:19-CV-02232 (M.D. Pa.).
On May 14, 2020, Sonsini filed an amended complaint in this case naming the following defendants: (1) Lebanon County, Pennsylvania; (2-4) Robert J. Phillips, William Ames, and Jo Ellen Litz, Lebanon County Commissioners; (5) Jamie Wolgemuth, Lebanon County Administrator; (6) Robert J. Karnes, the Warden of the Lebanon County Correctional Facility ("LCCF"); (7) Anthony J. Hauck, Deputy Warden for Treatment at the LCCF; (3) Jacqueline Matias; former LPN Medical Supervisor at the LCCF; (9) Brenda Cresini, former Business Manager at the LCCF; (10) Eric G. Folton, Culinary Supervisor at the LCCF; (11) Correctional Officer Kane, a culinary assistant at the LCCF; (12) Dr. PevinPowers, a former contract psychiatrist at the LCCF; (13) Sarah Ardire, a former contract psychologist at the LCCF; (14) Rebecca Davis, a correctional counselor at the LCCF; (15) John Santoni; a former sergeant at the LCCF; (16) Alexa Loyola, a correctional officer at the LCCF; (17) Ahmed Nasr, a correctional officer at the LCCF;1 (18) Angela Garbaz, a former nurse at the LCCF; (19) Roberta Barrette, a nurse at the LCCF; (20) Tammy (last name unknown), a nurse or former nurse at the LCCF; (21) Officer Eby, a correctional officer at the LCCF; and (22) Timothy Clements, former Deputy Warden of Operations at the LCCF. Doc. 12 at 1-3, ¶¶ 1-22. Sonsini also names as John/Jane Does defendants an unspecified number of "unknown nurses/medical staff" and "unknown corrections officers." Id. at 3, ¶¶ 23-24. He names the defendants in both their official and individual capacities. Id. at 4.
Although Sonsini is currently incarcerated at the State Correctional Institution at Greene, his claims arise from his confinement at the LCCF from October 13, 2016, to March 25, 2017. Id. at 17, ¶ IV.A. He alleges the following facts in his amended complaint.
Sonsini is serving a one-to-five year sentenced imposed by the Court of Common Pleas of Lebanon County. Id. at 4, ¶¶ I.A., I.B. On October 13, 2016, hewas admitted to the LCCF from the State Correctional Institution at Camp Hill ("SCI Camp Hill"). Id. at 6, ¶ IV.1.
Housing Assignment and Medical Issues.
Upon his admission to the LCCF, Sonsini informed the intake correctional officer on the 8-4 shift about his "medical disability/restriction(s)" regarding his housing assignment. Id. Stating that Sonsini would be speaking to someone from the medical department later, the intake officer refused to listen to Sonsini's concerns regarding his housing assignment. Id.
Later that day, Sonsini spoke to defendant Garbaz about his "medical disability/restriction(s)" with regard to his housing assignment and with regard to his dietary restrictions. Id. at 6, ¶ IV.2. Garbaz said she would check Sonsini's medical file that was transferred with him. Id. Garbaz gave Sonsini two "Special Needs Requisition Slips." Id. at 6, ¶ IV.3. One of those slips dealt with Sonsini's dietary restrictions, and it stated, "no chicken, and no fish," and "d/t allergies documented" by SCI Camp Hill. Id. The other slip stated "bottom bunk status per" SCI Camp Hill. Id. Garbaz initialed those slips and dated them October 13, 2016. Id. After Sonsini pointed out that Garbaz had not included "no turkey and no pork" on the dietary slip, Garbaz responded that the LCCF does not serve pork andit is serves turkey only on Thanksgiving. Id. Sonsini also told Garbaz that he cannot "navigate stairs per bottom/current/Level tier status." Id.
After speaking with Garbaz, Sonsini was sent to a block located downstairs, where he was assigned a top bunk. Id. at 7, ¶ IV.4. Sonsini explained to an unknown correctional officer on that block that he should not be housed there, but instead he should be housed in the infirmary, the Medical Housing Unit, or even the Restricted Housing Unit. Id. He asked the officer to contact someone. Id. But even though Sonsini showed the officer "the pink slip for the bottom bunk status," the officer ignored Sonsini's pleas for a different housing assignment. Id. Sonsini was then told that "quarantines" were to report upstairs to the gym for recreation and showers. Id. at 7, ¶ IV.5.
At about 5:15 p.m. on October 13, 2016, Sonsini slipped and fell on a puddle of water in the gym. Id. at 7, ¶ IV.5.A. According to Sonsini, the culinary department stores items in the gym and staff from that department as well as the correctional officers assigned to the control station are responsible for ensuring that the area is safe. Id. at 9, ¶¶ IV.5.G, 5.H. After other inmates informed staff that Sonsini fell, unknown corrections officers responded and alerted the medical department. Id. at 7, ¶ IV.5.B. Unknown medical staff arrived with a wheelchair. Id. Sonsini told the medical staff and the corrections officers that there was something wrong with his knee/leg and that he was in severe pain. Id. Staff helpedSonsini into the wheelchair and took him to the medical department where it was determined that he should go to the hospital. Id. From the medical department, Sonsini was wheeled down to the intake area, and two unknown corrections officers escorted Sonsini down two flights of stairs and across a parking lot to a transport van. Id. at 7, ¶ IV.5.C.
The unknown corrections officer who transported Sonsini to the hospital made Sonsini get into the van and then out of the van at the hospital on his own. Id. And even though the officer was aware of Sonsini's injury and the pain that he was experiencing, the officer made Sonsini walk into the emergency room of the hospital. Id. at 7-8, ¶ IV.5.C.
X-rays taken at the hospital showed that Sonsini had bone spurs around his right knee cap. Id. at 8., ¶ IV.5.D. According to Sonsini, he already had muscle loss and nerve damage, and the slip and fall in the gym set back the progress he had made during the physical therapy that he had endured just to be able to bend his knee after a prior surgery. Id. Although hospital staff wanted to prescribe Sonsini a knee brace, the unknown correctional officer said Sonsini would not be allowed to keep a knee brace. Id. The officer also said that the LCCF Medical Supervisor (defendant Matias) would not allow a compression sleeve or ace bandage, and she may not allow or approve pain medication. Id. The hospitalprescribed Sonsini Ibuprofen 600 mg. to be taken four times a day for pain and discomfort. Id.
When Sonsini returned to the LCCF from the hospital, he was not helped up the two flights of steps to the intake area, and unknown staff ordered him to return to his original housing assignment. Id. at 8, ¶ IV.5.E. Staff refused his pleas to be reassigned to a different housing unit due to his injuries. Id.
Sonsini returned to his cell where he was assigned the top bunk. Id. at 8, ¶ IV.5.F. But because he could not get into his bunk, he pulled his mattress to the floor to sleep. Id. An unknown correctional officer doing rounds later ordered Sonsini to get off the floor and into his bunk or else receive a misconduct report. Id. According to Sonsini, "[t]his caused severe bruises on [his] hips, abdomen, legs and arms." Id. And Sonsini, who had problems sitting, standing, and walking, did not receive his medication for days. Id.
On the 12-8 shift on November 10, 2016, Sonsini did not receive his psychiatric and pain medications. Id. at 9, ¶ IV.7. On November 14, 2016, in response to Sonsini's inquiry about why he was not getting his medication, an unknown corrections officer said it was a holiday and medical staff was not available. Id. Sonsini asked the officer if he had medical training since he was handing out medications, and the officer explained that nurses make up the medication packets to be handed out. Id. Sonsini told the officer that he had nothad his medication for four days, and he asked the officer to check with the medical department about his medication, but the officer said there was nothing he could do. Id. The officer also refused Sonsini's request for some pain medication for the severe pain he was experiencing in his knee and leg. Id.
Sonsini wrote to defendant Matias numerous times about not receiving his medication. Id. at 9, ¶ IV.7.A. She responded that Sonsini's Zoloft "was discontinued due to refusals on November 10, 2016" and that Sonsini should submit another sick-call request for his Ibuprofen prescription to be refilled. Id.
Sonsini submitted requests and sick-call requests to have his medications refilled. Id. at 9, ¶ IV.7.B....
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