leg below the knee in February 1988. Sandor Aff., ¶ 3.
On April 22, 1988, plaintiff was discharged from the Sing
Sing infirmary. Plaintiff's medical records indicate that
plaintiff repeatedly refused to go to the emergency room for
insulin injections in late April 1988, that on May 2
arrangements were made for plaintiff's admission to St.
Claire's Hospital so that he could undergo a sympathectomy,
that plaintiff refused the operation and was discharged back to
the Sing Sing infirmary on May 11, 1988. Sandor Aff., ¶¶ 7, 8
and Exhibit C. On May 11, 1988, plaintiff refused to allow a
Sing Sing staff physician to examine his right big toe.
Plaintiff was discharged from the infirmary and given daily
insulin injections on May 12 and 13. Sandor Aff., ¶ 9. On May
14, 1988, a Sing Sing physician's assistant examined
plaintiff's right big toe and noticed some "disturbed" skin.
Betadine soaks were ordered, however plaintiff became loud,
demanded an increase in his pain medication, refused his
insulin and other medication and left the infirmary. Sandor
Aff., ¶ 10.
From May 15 to May 18, 1988, plaintiff accepted insulin
injections. On May 18 the physician's assistant noticed that
the condition of plaintiff's right big toe had worsened.
Antibiotics and betadine soaks were ordered, both of which
plaintiff had been refusing. Sandor Aff., ¶ 11. On May 19 a
purulent discharge was noticed from plaintiff's right toe. An
attempt was made to admit plaintiff to St. Claire's Hospital,
but St. Claire's declined, stating that no beds were available.
On May 20, Dr. Sandor, who was a primary care physician for
plaintiff during his confinement at Sing Sing, arranged for
plaintiff's admission to Butterfield Hospital, where plaintiff
remained for almost three weeks. Sandor Aff., ¶ 12. On June 9,
1988, however, plaintiff signed out of Butterfield Hospital,
against the advice of the attending physician and the hospital
authorities, and was admitted to the Sing Sing infirmary. He
was examined by Dr. Sandor, who discharged him from the
infirmary on June 10, with instructions that plaintiff be
housed so he could come to the infirmary by wheelchair. Sandor
Aff., ¶ 13.
Plaintiff received insulin injections on June 10, 11 and 12,
1988. On the afternoon of June 13, plaintiff suffered a
"seizure" because his sugar level was low. He was admitted to
the infirmary and given sugar and orange juice, and his
condition improved. On June 14, 1988, Dr. Sandor again examined
plaintiff and discharged him from the infirmary, with orders
for daily sugar level testing. Sandor Aff., ¶ 14. Over the
following two weeks, plaintiff received regular insulin
injections. Twice plaintiff failed to appear for sick call, but
on June 28, 1988, plaintiff came to the emergency room, where a
physician's assistant examined him and noticed dead tissue
surrounding ulcers on his right big toe. Betadine soaks were
again ordered, as was a surgical evaluation. On June 30, 1988,
plaintiff reported that he was becoming dizzy in the evenings,
and an adjustment was made in the timing of plaintiff's sugar
level testing. Sandor Aff., ¶ 15. On July 6 and 7, 1988,
plaintiff's right foot was again examined, and betadine soaks
were continued. Sandor Aff., ¶ 16. On July 13, 1988, plaintiff
was transferred to Auburn Correctional Facility ("Auburn").
According to Dr. Sandor, throughout plaintiff's confinement at
Sing Sing plaintiff was "extremely uncooperative with and
overtly hostile to medical staff . . . [and] refused to accept
recommended treatment on many occasions and thus impaired our
efforts to attend to his serious medical needs." Sandor Aff., ¶
6. Dr. Sandor's final diagnosis of plaintiff stated that
plaintiff's condition "may call for hospitalization and may
eventually require amputation. In my judgment, however,
immediate hospitalization is not necessary. Local wound care
and antibiotics are adequate pending the surgical evaluation."
On July 7, 1988, before his transfer to Auburn, plaintiff
commenced this action. On July 8, 1988, plaintiff moved, by
order to show cause, for a preliminary injunction
directing Defendants to immediately admit
[plaintiff] to a hospital and provide Plaintiff's
entire medical and psychiatric charts to said
hospital with direction to
perform an emergency diabetic work-up to control
his diabetes, control the bone infection in his
right foot, and stabilize his medication . . .
[and] provide Plaintiff with a diabetic diet
approved by the American Diabetic Association
. . . proper access within a [Department of
Correctional Services] institution to medical and
psychiatric care and medication, and use of
sanitary shower facilities with a grip bar.
Order to Show Cause, July 8, 1988.