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Thomas D. Briel v. Nassau County Sheriff Michael

August 21, 2012

THOMAS D. BRIEL, PLAINTIFF,
v.
NASSAU COUNTY SHERIFF MICHAEL SPOSATO, NASSAU COUNTY CORRECTIONAL FACILITY, ARMOR CORRECTIONAL
HEALTH, INC., CPL. MR. FIELDS, C.O. MR. KRIEN, GRIEVANCE COMMITTEE BADGE #2995, DR. MS. UMANA OF ARMOUR CORRECTIONAL HEALTH, INC., DIRECTOR KARAN KAY, IRENE SINGH, R.N., NURSE MS. SMITH OF ARMOUR CORRECTIONAL HEALTH, DEFENDANTS.



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

ORDER

By Order dated On July 2, 2012 ("July Order"), the undersigned directed incarcerated pro se plaintiff Thomas D. Briel ("Plaintiff") to file an Amended Complaint on or before July 20, 2012.*fn1 The Court advised that it would hold his application to proceed in forma pauperis in abeyance pending his timely filing of an Amended Complaint. Rather than file an Amended Complaint, Plaintiff filed an application for the appointment of pro bono counsel to represent him in this case on July 24, 2012.*fn2 By Order dated August 2, 2012, the undersigned denied Plaintiff's application for the appointment of pro bono counsel without prejudice to a renewal thereof when this case is ready for trial, if warranted, and afforded Plaintiff a final opportunity to file an Amended Complaint by August 10, 2012 in accordance with the Court's July Order. On August 8, 2012, Plaintiff timely filed an Amended Complaint.

In accordance with the July Order, the Court has now reviewed Plaintiff's in forma pauperis application and finds that Plaintiff's financial position as set forth in his declaration qualifies him to commence this action without the prepayment of the $350.00 filing fee. 28 U.S.C. §§ 1914, 1915(a)(1). Accordingly, his application to proceed in forma pauperis is granted. However, for the reasons that follow, Plaintiff has failed to allege a plausible claim against Defendants Sposato, Umana, Kay, Singh, Smith, Nassau County Correctional Facility and Armor Correctional Health, Inc. Thus, the Complaint is sua sponte dismissed with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) as against these Defendants. Plaintiff's claims against Defendants Field and Krien shall proceed as set forth below.

BACKGROUND

I. The Amended Complaint

Plaintiff's brief, handwritten Amended Complaint, submitted on the Court's form, though difficult to read, appears to allege the following in its entirety:*fn3

Upon my intake at NCF I explained my medical disability of the L5-S1 severe damage; cervical nerve damage, seizures, [] and nerve damage to back, legs, left to foot doctor; right side as well, muscles and other damage to hands, shoulders elbows, etc. The symptoms causing a sharp stabbing pain on both sides of my L5-S1 lumbar, the nerves have a burning, numbness, twitching and jumping with shooting pains into my legs and feet. My neck to my shoulders elbows and hands, this causes me to not be able to grab or hold onto things at times. It affects my sleeping, thinking, writing, reading, etc. They have taken away my proper medications from my personal doctors and refusing to properly take care of my pain management. Nassau County Jail, Sheriffs have failed to protect my health and medical care needs. Defendants are Cpl. Mr. Fields and Mr. Krien for knowingly refusing to place me on a bottom bunk when moved into the program housing unit. They became liable and possibly could be held as deliberate indifference. $25,000.00 dollars each for deliberately ignoring my risks of conditions and causing me mental anguish, loss of sleep "insomnia", lose of weight; pain and suffering; chronic and substantial pain, anxiety, emotionally upsetting. Grievance Committee Et AL; Badge #2995 $50,000.00 Dollars for mental anguish. Possibly a deliberate indifference.

Am. Compl. at ¶ IV and unnumbered page annexed to the Amended Complaint.

Plaintiff further alleges, in the "Relief" section of the Amended Complaint form:

Sheriff Michael Sposato is fully reliable [sic] for deliberate indifference; $25,000,000.00 medical needs of Nassau County Jails responsibilities; Armor Correctional Health of $100,000,000.00 for deliberate indifference of the following nurses, director and doctors, Karen Kay $25,000,000.00; Irene Singh $25,000,000.00, Dr. Ms. Umana $25,000,000.00 and Ms. Smith 25,000,000.00. All for deliberate indifference and mental anguish. In adequate medical treatment from Armor Correctional Health Inc.

Am. Compl. at ¶ V and unnumbered page annexed to the Amended Complaint.

DISCUSSION

I. In Forma Pauperis

Having reviewed Plaintiff's declarations in support of his applications to proceed in forma pauperis, the Court finds that he is qualified to commence this action without prepayment of the filing fees. See 28 U.S.C. ยง 1915(a)(1). Accordingly, ...


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