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DAVIS v. REILLY

July 8, 2004.

LOUIS EDWARD DAVIS a.k.a. MICHAEL DAVIS, Plaintiff,
v.
EDWARD REILLY, Nassau County Sheriff, and DR. JAMES NEAL Defendants.



The opinion of the court was delivered by: ARTHUR SPATT, District Judge

MEMORANDUM OF DECISION AND ORDER

The pro se plaintiff Louis Edward Davis aka Michael Davis ("Davis" or the "plaintiff" commenced this action against the Nassau County Sheriff Edward Reilly ("Reilly") and Dr. James Neal ("Dr. Neal"), the Medical Director of the Nassau County Correctional Center (the "NCCC"), for violation of 42 U.S.C. ยง 1983. Presently before the Court is a motion by Reilly to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted.

  I. BACKGROUND

  All facts are taken from the complaint unless otherwise stated. On April 18, 2003, while incarcerated at the NCCC, the plaintiff slipped on a wet cement floor outside of the shower area and was injured. The plaintiff claims that he was made to lie in "dirty shower water" for approximately thirty minutes until an ambulance arrived to escort him to the Nassau University Medical Center (the "Medical Center"). At the Medical Center, the plaintiff received several X-rays and a CAT scan. The treating doctor informed the plaintiff that he had sprained his neck and back. The doctor then gave the plaintiff a shot to "loosen" his stiff neck and back. Approximately four hours later, the plaintiff was returned to the NCCC.

  The following day, the plaintiff complained of pains in his back and neck area when he attempted to walk around. Additionally, he claims he suffered "needle like" pains in his left testicle and sustained lacerations on the rear of his head. A doctor saw the plaintiff and informed him that his pains were normal given his fall on the previous day. The plaintiff was also given pain medication three times per day.

  At some point between April, 2003 and September, 2003, the plaintiff was transferred from the NCCC to Downstate Correctional Facility. In a letter dated September 10, 2003, the plaintiff informed the Court that he was transferred to the Green Haven Correctional Facility in Stormville, New York.

  On August 5, 2003, the plaintiff commenced this action against Reilly and Dr. Neal. The plaintiff claims that Reilly violated Section 1983 by failing to place shower mats and tiles in the shower area which the plaintiff claims he claims would have prevented his slip and fall from occurring. The plaintiff also alleges that Dr. Neal violated Section 1983 and the Eighth Amendment's prohibition on cruel and unusual punishment by failing to supervise and adequately train his medical staff to respond to the plaintiff's medical needs and by acting with a deliberate indifference to those needs.

  Presently before the Court is a motion by Reilly pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state a claim upon which relief can be granted.

  Reilly asserts, among other things, that the claims against him should be dismissed, because (1) the plaintiff's claims are barred by the Prison Litigation Reform Act of 1995 ("PLRA"); (2) the plaintiff's complaint fails to state a claim upon which relief can be granted; and (3) the plaintiff has failed to comply with New York law.

  II. DISCUSSION

  A. Standard of Review

  In reviewing a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6), the Court should dismiss the complaint only if it appears beyond doubt that the facts alleged in the complaint would not entitle the plaintiff to relief. King v. Simpson, 189 F.3d 284, 287 (2d Cir. 1999); see also Bernheim v. Litt, 79 F.3d 318, 321 (2d Cir. 1996). The Court must accept all of the allegations in the complaint as true and draw all reasonable inferences in favor of the plaintiff. See Koppel v. 4987 Corp., 167 F.3d 125, 128 (2d Cir. 1999); Jaghory v. N.Y. State Dep't of Educ., 131 F.3d 326, 329 (2d Cir. 1997). Additionally, the issue before the Court is not whether the plaintiff's claim will ultimately prevail, but whether the plaintiff is entitled to offer evidence in support of the claims. Villager Pond, Inc. v. Town of Darien, 56 F.3d 375, 378 (2d Cir. 1995).

  Furthermore, the Court must construe a pro se plaintiff's complaint liberally. See Hughes v. Rowe, 449 U.S. 5, 10, 66 L.Ed.2d 163, 101 S.Ct. 173 (1980); Simmons v. Abruzzo, 49 F.3d 83, 87 (2d Cir. 1995) (citing Haines v. Kerner, 404 U.S. 519, 520, 30 L.Ed.2d 652, 92 S.Ct. 594 (1972)). Here, the plaintiff filed an "Affirmation in Response to Motion to Dismiss" (the "Affirmation") in which additional facts are alleged. Thus, when reviewing factual allegations, the Court may examine materials outside of the four corners of the pro se plaintiff's complaint. See e.g., Supinski v. Merrill Lynch & Co., No. 00 Civ. 7363, 2001 WL 930779, at *1 n. 2 (E.D.N.Y. Aug. 13, 2001) ("the policy reasons favoring liberal construction of pro se pleadings warrant the ...


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