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BRYAN v. ADMINISTRATIVE OF F.C.I. OTISVILLE

September 5, 1995

ANTHONY ADOLPH BRYAN, Plaintiff, against ADMINISTRATIVE OF F.C.I. OTISVILLE, W. ANSELMO F.C.I. OTISVILLE PHYSICIAN ASSISTANCE, J. GURLIACCI "OFFICER," THE OFFICER THAT RECEIVED ME IN THE SEGREGATION UNIT ON MAY 16TH, 1994 AND ALL THE OFFICERS THAT WAS ON DUTY IN THE SEGREGATION UNIT FROM MAY 16 TO MAY 20, 1994, Defendants.


The opinion of the court was delivered by: WHITMAN KNAPP

 WHITMAN KNAPP, SENIOR D.J.

 This is a pro se inmate action in which the plaintiff, Anthony Adolph Bryan, alleges that a corrections officer injured him by pushing him with excessive force. Plaintiff further alleges that, during and immediately after a three-day administrative detention, prison officials denied him proper medical treatment and access to his personal prayer materials. Defendants move to dismiss or, in the alternative, for summary judgment. For the reasons that follow, we dismiss the complaint in its entirety.

 BACKGROUND

 Plaintiff is an inmate in the custody of the federal Bureau of Prisons ("BOP"). He is currently incarcerated at the Low Security Correctional Institution, Allenwood, Pennsylvania ("LSCI Allenwood") but, at the time of the events underlying this action, was imprisoned at the Federal Correctional Institution, Otisville, New York ("FCI Otisville").

 Defendants are the BOP (misnamed in the complaint "Administrative of Otisville") and BOP officers employed at FCI Otisville during May 1994. Defendant John Gurliacci was a senior officer specialist, and defendant Wilfredo Anselmo a physician's assistant. *fn1"

 The complaint alleges the following facts: At approximately 5:00 p.m. on May 16, 1994, plaintiff was involved in a dispute with Gurliacci in FCI Otisville's dining room concerning whether or not he had properly disposed of his dinner tray. Compl. at P 1. When plaintiff refused to obey an order to dispose of another inmate's tray, Gurliacci collected plaintiff's identification card and demanded that he report to the Lieutenant's Office at 6:00 p.m. Id.

 Upon so reporting to the Lieutenant's Office, plaintiff refused to follow Gurliacci's instruction to collect trash in the prison compound as a penalty for refusing an order. Compl. at P 3. Plaintiff informed Gurliacci that he had committed no offense worthy of punishment. Id. Gurliacci became annoyed, "drew back and came forward with force" and pushed plaintiff. Id. Plaintiff "missed steps" and experienced pains in his right leg as a result. Id.

 While in the SHU, plaintiff also failed to receive his prescribed sleeping pills (Vistaril) and other medications. Id. at P 6. Officers who visited plaintiff or who were stationed in the SHU refused to heed plaintiff's repeated requests for the medications. Id. at PP 6-9, 12. As a result of being deprived of the medications, plaintiff developed a fever and mouth infection that caused swelling to one side of his face and scars on his lips. Id. at P 19.

 When Anselmo visited plaintiff in the SHU on May 17, 18 and 19, plaintiff complained of his physical ailments and of the fact that he was not receiving his medications. Id. at PP 7-11. During these and subsequent examinations, Anselmo stated that the Pharmacy Department was to blame for erroneously delivering the medications to plaintiff's former cell in the regular housing unit. Id. at PP 11, 15. Anselmo further assured plaintiff that he had instructed the Pharmacy Department to deliver the medications to the SHU. Id. at P 8.

 On May 19, plaintiff threatened to engage in a hunger strike and to institute legal proceedings if he did not receive his medications. Id. at P 11. On that date, his unit manager visited him in the SHU to judge his case. The unit manager suspended plaintiff's commissary privileges for 30 days, visiting privileges for 60 days and demanded that plaintiff maintain a clean record for 180 days. Id. at P 12.

 On May 19, plaintiff was released from segregation. Although plaintiff received some of his confiscated property at that time, prison officials failed to return his prayer materials until May 20. Id. at PP 13-14. Plaintiff has not alleged that he filed any administrative complaint with the BOP with respect to any of the events underlying this action.

 According to the complaint, Anselmo once again examined plaintiff on May 24. Plaintiff once more complained of his ailments, and asserted that he had been suffering from food poisoning. Id. at P 15. Anselmo "recommended maalox" and admitted that the BOP administration made a grave error in failing to inform ...


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