of material fact as to whether Hall was actually permitted to use his brace from April 30, 1994, to October 7, 1994.
In order for Hall's claims to survive summary judgment based on the objective prong of the deliberate indifference standard, Hall must also present sufficient evidence to raise a genuine issue of fact as to whether each defendant knew of and disregarded an excessive risk to Hall's health. Farmer v. Brennan, 511 U.S. 825, 837, 128 L. Ed. 2d 811, 114 S. Ct. 1970 (1994). With respect to defendant Manion, Hall has not met that burden. Apart from the unsupported and conclusory allegation in the Complaint that Manion reviewed Dr. Baruch's recommendation of physical therapy as part of Manion's responsibility to review and carry out the recommendations of outside specialists, Hall does not offer any evidence or make any allegation linking Manion to Hall's failure to receive physical therapy. Moreover, Hall's affidavit does not mention Manion at all.
With respect to defendants Zwillinger and Artuz, however, Hall has presented sufficient evidence to raise a genuine issue of fact as to whether those defendants knew of and disregarded the risk to Hall's health. In the Complaint, Hall alleges that he wrote to both Artuz and Zwillinger about his failure to receive physical therapy. Hall has also attached to his Notice of Motion two letters to Zwillinger from staff attorneys at the Legal Aid Society dated August 13, 1993 (unsigned), and August 12, 1994. As of their respective dates, those letters informed Zwillinger that Hall was "experiencing difficulties in accessing physical therapy." The 1994 letter also states that Hall would like his braces to be returned to him. Furthermore, a memo from Artuz to Hall, dated January 6, 1994, a copy of which was sent to Zwillinger, acknowledges receipt of Hall's "letter concerning physical therapy" and states that Hall's letter was forwarded to Zwillinger for action. Attach. Pl.'s Aff. A letter from Zwillinger to Hall dated August 15, 1994, a copy of which was sent to Artuz, states "in response to your letter to Supt. Artuz of 8/1/94, please be advised that you have a valid permit and need for the knee brace." This evidence taken together supports Hall's contention that both Zwillinger and Artuz were aware that Hall was being denied access to medically necessary physical therapy and knee braces. That awareness, coupled with the evidence already set forth relating to whether Hall was deprived of necessary medical care, is sufficient to raise a genuine issue of material fact as to whether Zwillinger and Artuz were deliberately indifferent to Hall's medical needs.
Defendants make one final argument. They argue that a request by Hall, made in a letter dated May 18, 1994, to be "taken off all medical holds" because he felt that Green Haven was not fully taking care of his medical needs, was in effect a request to discontinue treatment and therapy. Def. Ex. F. But defendants offer no evidence to support that interpretation. It is unclear from the papers submitted what a "medical hold" entails. A letter from Zwillinger to Hall dated September 22, 1994, which is purportedly a response to a letter from Hall dated September 15, 1994, states that Hall's previous request to have his medical hold waived "is not affected in any way by any future specialist appointments." The letter goes on to state that "medical care will not be denied or affected in any way by your desire to waive your medical hold status." Attach. Pl.'s Aff. Therefore, there is a genuine issue of material fact as to the meaning and effect of Hall's request to be taken off all medical holds.
For the foregoing reasons, plaintiff's motion for summary judgment is denied and defendants' motion for summary judgment is granted with respect to defendant Manion but denied with respect to defendants Artuz and Zwillinger.
Dated: New York, New York
February 10, 1997
MIRIAM GOLDMAN CEDARBAUM
United States District Judge