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Goros v. Donnelly

September 28, 2007

DIMITRIOS GOROS, PLAINTIFF,
v.
EDWARD DONNELLY, ET. AL., DEFENDANTS.



The opinion of the court was delivered by: William M. Skretny United States District Judge

DECISION AND ORDER

I. INTRODUCTION

In this case, Plaintiff Dimitrios Goros, a former inmate of the Wende Correctional Facility Regional Medical Unit ("Wende") alleges that Defendants were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. Plaintiff seeks damages under 42 U.S.C. § 1983. Presently before this Court is Defendants' Motion for Summary Judgment.*fn1 (Docket No. 49). For the following reasons, Defendants' Motion is granted and Plaintiff's Complaint is dismissed.

II. BACKGROUND

A. PROCEDURAL HISTORY

Plaintiff commenced this action pro se and filed his original Complaint with the District Court for the Northern District of New York on April 12, 2001. The matter was then transferred to the Western District of New York, and was dismissed sua sponte. Plaintiff successfully appealed to the United States Court of Appeals for the Second Circuit and filed an Amended Complaint.

On August 27, 2003, this Court dismissed Defendant Goord pursuant to 28 U.S.C. § 1915A(b), and dismissed Plaintiff's personal property and due process claims with prejudice pursuant to 28 U.S.C. § 1915A(b). (Docket No. 15). On June 23, 2004, this Court granted Plaintiff's Motion to Appoint Counsel, and appointed James C. Cosgrove as his attorney. (Docket No. 25). On March 24, 2005, Plaintiff filed a Second Amended Complaint. (Docket No. 32).

On April 23, 2007, Defendants filed a Motion for Summary Judgment, seeking to dismiss Plaintiff's remaining claims, which is presently before this Court. (Docket No. 49).

B. FACTS

Plaintiff is an inmate in the custody of the New York State Department of Correctional Services. (Plaintiff's Statement of Facts, Docket No. 65, ¶ 1). From February 12, 1999 to December 4, 2002, Plaintiff was housed at the Regional Medical Unit at the Wende Correctional Facility, which is an inpatient medical care facility for inmates. (Plaintiff's Statement of Facts, Docket No. 65, ¶¶ 4-5). Plaintiff suffers from chronic pulmonary disease, emphysema, and gastritis. (Plaintiff's Statement of Facts, Docket No. 65, ¶ 4).

Upon arriving at Wende, Plaintiff was placed in a private room, and was prescribed medication and a restrictive diet for his breathing and gastrointestinal problems. (Plaintiff's Statement of Facts, Docket No. 65, ¶ 8).

Plaintiff alleges that when he arrived at Wende he was denied new dentures to replace ones that had been lost. (Plaintiff's Statement of Facts, Docket No. 65, ¶ 10). Plaintiff claims that he did not receive new dentures until September of 2003, after he had left Wende. (Plaintiff's Statement of Facts, Docket No. 65, ¶ 11).

Plaintiff alleges numerous instances when he was denied medical treatment. (Second Amended Complaint, Docket No. 75, pp. 5-9). In particular, Plaintiff claims that nurses would regularly refuse to provide him with his inhaler and his oral medication, and that Defendants refused to provide him with new dentures. (Second Amended Complaint, Docket No. 75, pp. 5-9).

Plaintiff states that when he arrived at Wende, he was placed on a restrictive diet that consisted of soft ground meat, no tomato sauce, no cabbage salads, and no lettuce. (Second Amended Complaint, Docket No. 75, ¶ 51). Plaintiff alleges that his restrictive diet was not followed from February 12, 1999 through December 4, 2002. (Second Amended Complaint, Docket No. 75, ¶ 52).

III. DISCUSSION

A. Summary Judgment ...


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