Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SONDS v. ST. BARNABAS CORRECTIONAL HEALTH SERVICES

May 21, 2001

REGINALD SONDS, PLAINTIFF,
v.
ST. BARNABAS HOSPITAL CORRECTIONAL HEALTH SERVICES; THE CITY OF NEW YORK; SUMPTER, CAPTAIN NO. 1370; JOHNSON, CORRECTION OFFICER NO. 14488; OCASIO, CORRECTION OFFICER NO. 14100; PARKS, CORRECTION OFFICER NO. 14373; POWELL, CORRECTION OFFICER NO. 4316; DR. ROBERT, RIKER'S ISLAND; ADOLESCENT RECEPTION DETENTION CENTER; DEPARTMENT OF CORRECTIONS; AS INDIVIDUALS IN THEIR OFFICIAL AND PERSONAL CAPACITIES, THE STATE OF NEW YORK DEPARTMENT OF CORRECTIONS, DEFENDANTS.



The opinion of the court was delivered by: McMAHON, District Judge.

    MEMORANDUM DECISION AND ORDER DISMISSING COMPLAINT

Pro Se Plaintiff Reginald Sonds sues St. Barnabas Correctional Health Services ("St.Barnabas"), the City of New York, the City of New York Department of Corrections, and various correction officers pursuant to 42 U.S.C. § 1983 for denying him necessary medical treatment while a prisoner on Riker's Island in the City of New York. Defendants St. Barnabas and the City of New York have moved to dismiss the instant complaint. Return of service of summons and complaint were executed as to St. Barnabas, Correctional Health Services, and the City of New York on March 14, 2001.

Two separate grounds exist for dismissal of the civil rights claim asserted by plaintiff against the moving defendants, either of which is sufficient to justify granting such relief.

First, the complaint must be dismissed because the plaintiff has admitted that he failed, prior to commencing this lawsuit, to avail himself of institutional administrative procedures in order to raise his claim that he was deprived of necessary medical treatment. Decisional law makes it plain that a failure to exhaust administrative remedies, as required by the Prison Litigation Reform Act, mandates dismissal of a complaint.

Second, plaintiff fails to state a claim for relief under 42 U.S.C. § 1983, because Plaintiff's injury does not qualify as "serious" under the objective prong of the "deliberate indifference" test. Furthermore, as to defendant St. Barnabas, plaintiff fails to allege deliberate indifference, since he admits that he received medical attention from the physicians affiliated with defendant.

STATEMENT OF FACTS

The following factual allegations, drawn from the four corners of the complaint, are deemed true for purposes of evaluating this motion to dismiss.

At approximately 4:00 PM on July 11, 1998, plaintiff injured his finger in a cell door at the Rikers Island Adolescent Reception Detention Center, where he was being held. According to the complaint, skin was ripped off his finger, leaving it "bleeding, red and burning." The complaint alleges that Plaintiff filled out an injury report, and that he was allowed to go to the clinic at approximately 7:00 PM. Plaintiff was given a tetanus shot and his finger was bandaged.

The following day, July 12, plaintiff removed the bandage from his finger. The skin peeled off. Plaintiff thereafter went back to the clinic, where he received a second treatment, the nature of which is not specified.

Although it is not entirely clear, it seems that plaintiff is alleging that the defendants were deliberately indifferent to his medical needs in the following ways: a medical officer did not come to his cell immediately to treat his injury; there was a delay in taking plaintiff to the clinic; plaintiff's wound was not stitched; and plaintiff's finger was not x-rayed to ascertain whether he suffered from "internal bleeding or damages." The complaint does not contain any allegation of permanent disability due to the injury to plaintiff's finger.

CONCLUSIONS OF LAW

1. Plaintiff has not exhausted his administrative remedies.

The plaintiff admits in his complaint that, prior to instituting this lawsuit, he failed to resort to institutional administrative procedures in order to protest the fact that he was allegedly denied proper medical care. This fact compels dismissal of the complaint.

Under the Prison Litigation Reform Act ("PLRA"), an inmate is required to exhaust all available administrative remedies before bringing suit on a federal ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.