Young v. PA Dep't of Corr.
| Docket Number | 1:22-CV-00327-SPB-RAL |
| Decision Date | 10 October 2023 |
| Parties | LEONARD YOUNG, Plaintiff v. PA DEPARTMENT OF CORRECTIONS, SUPERINTENDENT LONNIE J. OLIVER, DEPUTY PATRICIA THOMPSON, CHCA MIKE EDWARDS, CORRECTIONS HEALTHCARE ADMINISTRATOR; DR. CRAIG RUSH, CHIEF PSYCHOLOGIST OF SCI-ALBION; DR. GODESMAN, DR. EVANS, DR. LUCAS, LT. BASHER, CCPM KURT SUESSER, CORRECTIONS CLASSIFICATION PROGRAM MANAGER; C. GIDDINGS, GRIEVANCE COORDINATOR; AND CPT. JOHNSON, Defendants |
| Court | U.S. District Court — Western District of Pennsylvania |
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS ECF NO. 55
It is respectfully recommended that Defendants' motion to dismiss Plaintiff Leonard Young's Amended Complaint be GRANTED. ECF No. 55.
Plaintiff Leonard Young, an individual in the custody of the Pennsylvania Department of corrections (“DOC”), filed this pro se civil rights action pursuant to 42 U.S.C. § 1983.[1] Defendants are the DOC and nine DOC personnel employed at the State Correctional Institution at Albion (“SCI-Albion”).[2] Young's Amended Complaint (ECF No. 14) is the operative pleading.[3] It asserts that Defendants acted with deliberate indifference to Young's medical and mental health needs, subjected her to excessive force and unconstitutional living conditions, failed to protect her from mistreatment based on her LGBTQ transgender identity, discriminated against her and harassed her based on her transgendered status, retaliated against her, and conspired to violate her rights. See ECF 14. Young seeks a “preliminary and permanent injunction ordering Defendants to provide [her] with adequate protection for transgender/woman identity and to treat/diagnose her with the known mental health needs on files/records.” Id, ¶ 42. She also seeks compensatory, nominal, and punitive damages.
Defendants have moved to dismiss Young's Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6) and filed a brief in support of their motion. ECF Nos. 55, 56. Young has filed a brief in opposition to the motion and a declaration in support of her brief. ECF Nos. 67, 67-1.
The following allegations of Young's Amended Complaint are accepted as true for purposes of the motion to dismiss.
Young identifies as a transgender female. She was transferred to SCI-Albion on September 27, 2022. Young has suffered from various mental health conditions since childhood. She maintains that, although she was a “violent” offender when previously incarcerated as a man, she is now a “non-violent . . . transgender woman.” ECF No. 14, ¶ 14. Despite her gender change, Young maintains that Defendants continue to characterize her as a violent inmate, refuse to accept her gender identity, and deprive her of mental health treatment. Even though she “self-identi[fies] as female/woman and transgender,” the prison attempted to place her in a cell “with a Muslim guy who stood about 6'1 280 lbs” when she arrived at SCI-Albion. Id., ¶ 16. Young objected and alerted the officers to her transgender identity. One of the officers replied, “this is what you get if you're a woman who cares if he takes your hole, it ain't going to hurt that much.” Id., ¶ 16 (cleaned up). Young then peered into the cell and observed the inmate with his hands in his pants, “stroking something.” Id., ¶ 17. She again voiced her refusal to cell with this inmate. Thereafter, a “Lt. and escort team” escorted her to the Restricted Housing Unit (“RHU”), and, subsequently, to a Psychiatric Observation Cell (“POC”). Id., ¶ 18. Young later filed a Prison Rape Elimination Act (“PREA”) complaint about the “September 27, 2022 incident,” which Defendants have not investigated. Id., 22. Young expressed to Defendant Thompson that she feared returning to general population because of her female identity. In response, Thompson accused her of faking her transgendered status and mental illnesses to try to obtain a single cell.
Defendant Dr. Lucas and another doctor met with Young at her POC every day for the proceeding three days. The doctors accused her of faking her mental illness and transgender identity. Several days later, Dr. Lucas laughed while another doctor, Dr. Godesman, threatened to withhold mental health treatments unless Young admitted that she was a man. Dr. Godesman said to her, “we are all in line at Albion, from the superintendant to the guards.” Id., ¶ 23.
On September 30, 2022, Defendant Dr. Evans came to Young's POC to speak with her about her glasses. Young was not allowed to have the glasses, but she refused to give them to Dr. Evans. Dr. Evans then said: Id., ¶ 21 (cleaned up).
On October 8, 2022, Dr. Lucas, Dr. Evans, and the rest of the psychiatric review team (“PRT”) met with Young. Young informed them of her “PTSD, Bipolar,” and “Schizophrenia diagnosis.” Id., ¶ 25. One of the doctors responded that her only mental health diagnosis was anti-social personality disorder and then prescribed her blood pressure medication to treat her anxiety. Later that day, Young attempted to eat her asthma inhaler, resulting in her placement in a “hard cell” where “voices told [her] to smear and eat [her] feces.” Id., ¶ 17. Defendant Capt. Johnson “refused to allow [her] to eat for 5 meals until she cleaned [the feces] off by hand.” Id., ¶ 36. Johnson also “refused to allow her access to” a “shower,” “hygiene items,” or “to wash off.” The cell was “freezing cold” and had “24/7 bright light[s],” which “result[ed] in headaches, shivering cold, and sensory deprivation.” Id. She wore only a suicide smock and was denied her medication. She remained in the cell for three days.
Five days later, “after a brief struggle,” an officer ordered her to move cells “on [her] stomach” and placed an object up her rectum, “effectively sexually assaulting [her].” Id., ¶ 28. She began “screaming about it and the officers ran to get a handheld camera.” Id. After the officers returned and began recording, Young described “the sexual assault loudly and clearly.” Id. Thereafter, the “officers ran [her] head into a door and split [her] ear open knocking [her] unconscious.” Id., ¶ 29. They then brought her to medical.
Upon arrival at medical, Young reported her sexual assault. She was told that the “DOC d[id] not do PREA exams.” Id. Young then turned to the camera and described her sexual assault. Afterwards, Captain Johnson said to the camera, “disregard that.” Id. Because of “Defendant Johnson's orders,” medical never performed a rape kit or tended to Young's medical needs. Id. When her medical exam ended, Young “voluntarily walked to” the “strip cage.” Id. Once there, a Lt. informed her that her clothes “need[ed] to be cut off and thrown away.” Id. She “protested but complied.” Id.
On or about October 18, 2022, Young told grievance coordinator C. Giddings about her sexual assault and complained about being denied mental health care. Giddings said, Id., ¶ 31. Young also “attempted to file several PREA complaints to Lt. Basher.” Id., ¶ 30. Young never heard back.
The Court construes Young's legal claims as follows:
Defendants first contend that sovereign immunity bars the claims against the DOC and official capacity claims against the individual Defendants for money damages. Defendants next assert that the allegations fail to demonstrate the personal involvement of six of the individual Defendants. Lastly, Defendants argue that the pleading does not state a viable claim for relief under the First, Eighth, or Fourteenth Amendments. The Court will address these arguments in turn.
The Commonwealth of Pennsylvania “is not a ‘person' subject to suit under section 1983.” Whiteford v. Penn Hills Municipality, 323 Fed.Appx 163, 166 (3d Cir. 2009) (citing Will v. Mich. Dep't of State Police, 491 U.S. 58, 69-70 (1989) (...
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