The opinion of the court was delivered by: Seybert, District Judge:
Pro se Plaintiff Said Gssime sued Defendants Dr. Watson, Corrections Officers Barten and Roman, and the Nassau County Sheriff's Department (the "Sheriff's Department")*fn1 for alleged constitutional violations arising out of Plaintiff's living conditions and access to medical care while he was incarcerated at the Nassau County Correctional Center ("NCCC"). Officer Barten, Officer Roman, and the Sheriff's Department (the "Moving Defendants") moved for judgment on the pleadings. (Docket Entry 30.) For the following reasons, this motion is GRANTED IN PART AND DENIED IN PART, and Plaintiff will be permitted to file an Amended Complaint within thirty (30) days. Dr. Watson has not appeared despite having been served with process in May 2010. (Docket Entry 23.)
Plaintiff is currently incarcerated upstate, but his allegations stem from a period in 2009 when Plaintiff was held at the NCCC. The following discussion is drawn from Plaintiff's alleged facts, which are presumed to be true for the purposes of this motion.
Plaintiff alleges that in July 2009 he was transferred from the Marcy Correctional Facility to the NCCC for legal proceedings. Upon his arrival, Plaintiff "brought all [his] medical issues" to Dr. Watson's attention during sick call.
(Compl. at 4.) Plaintiff described his medical issues in this manner: "in regard to my eyes, and to fix my broken glasses. To be seen by a specialist, neurologist, for seizures, and specialists for bone disease." (Id.) According to Plaintiff, Dr. Watson was dismissive and refused to refer him to a specialist. (Id.) As a result, Plaintiff suffered the following symptoms: nerve damage and numbness, permanent damage to his left eye, crooked joints, daily nosebleeds, seizures, head injuries, rheumatism, daily headaches, severe psychological trauma, fatigue, and memory loss. (Id.)
II. Corrections Officer Barten
As to Officer Barten, Plaintiff alleges that, in September 2009, Barten "found information relating to the nature of [Plaintiff's] criminal offense" and, "in front of different groups of gansters," called Plaintiff an "arsonist" and stated "you burned a garage. What else?" (Id. at 6.) Barten also accused Plaintiff of "snitching" about Barten's criminal activities and threatened to cut Plaintiff's face in a manner that would require stitches. (Id.) At his request, Plaintiff was transferred off Barten's cell block in November 2009; as Plaintiff prepared to move, Barten "continued cursing and threatening" Plaintiff. Plaintiff also alleges that Barten falsely cited Plaintiff for a jailhouse infraction. This led to Plaintiff's being sent to a different housing unit for a week until a sergeant determined that Plaintiff was innocent. (Id.)
III. Corrections Officer Roman
Plaintiff alleges that the law library supervisor, Officer Roman, denied Plaintiff access to legal materials because Plaintiff is white. (Id. at 7.) When Plaintiff tried to show Roman a letter purporting to grant Plaintiff access, Roman responded: "I don't [sic] care less if you drop dead today." (Id.) Plaintiff further claims that Roman forcibly took two legal envelopes from Plaintiff (although there is no allegation that the envelopes contained legal materials) and said: "you S.O.B., you don't need free envelopes . . . get the F out of here." (Id.)
As against Nassau County, Plaintiff alleges that the living conditions at the NCCC caused him to develop a respiratory problem, poor vision, and a skin condition. (Compl. at 8.) He also asserts that he was denied free underwear, socks, and toothpaste and that unnamed corrections officers sell drugs and cigarettes on the black market. (Id.)
Plaintiff further alleges that he was denied medical treatment, and he referenced a letter he wrote to United States Magistrate Judge Marian W. Payson complaining that the NCCC was ignoring his medical needs. (Id. at 8.) On November 16, 2009, Judge Payson forwarded that letter to Nassau County's acting Sheriff, Michael Sposato. Sposato did not act on Judge Payson's letter (id.), and Plaintiff filed this action on December 21, 2009. ...