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William Jandres v. County of Nassau County

November 21, 2012

WILLIAM JANDRES, PLAINTIFF,
v.
COUNTY OF NASSAU COUNTY, JOHN DOE, JANE DOE, NASSAU COUNTY CORRECTIONAL CENTER, ARMOR HEALTH CARE C/INC., JOHN DOE, JANE DOE, DOCTOR K, P.H. SMITH, OFFICER EVANS, BADGE # 210, SERGEANT MILLER, CAPT. FORD, NASSAU COUNTY MEDICAL CENTER, JOHN AND JANE DOE, ORTHOPEDIC SPECIALIST MR. CARLOS, AND NURSE MS. PEG, DEFENDANTS.
WILLIAM JANDRES, PLAINTIFF,
v.
COUNTY OF NASSAU, ARMOR CORRECTIONAL HEALTH CARE INC., P.H. SMITH, CAPT. FORD, DR. K, NURSE GREG, MICHAEL SPOSATO, ORTHOPEDIC SPECIALIST MR. CARLOS, NURSE MS. PEG, NASSAU COUNTY CORRECTIONAL FACILITY, DEFENDANTS.



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

ORDER

By Order dated July 25, 2012, the undersigned granted the application of incarcerated pro se plaintiff William Jandres ("Plaintiff") to proceed in forma pauperis in relation to his Complaint assigned docket number 12-CV-3132(JS)(GRB), and sua sponte dismissed the Complaint with leave to file an Amended Complaint by August 25, 2012. By letter dated August 24, 2012, Plaintiff sought a ninety-day extension of the Court's deadline. By Order dated September 4, 2012, the Court extended Plaintiff's deadline to file an Amended Complaint through October 22, 2012.

Also on September 4, 2012, the Court received Plaintiff's Amended Complaint. The Amended Complaint alleges pursuant to 42 U.S.C. § 1983 that Plaintiff's Eighth Amendment rights to were violated by the defendants, namely the County of Nassau ("the County"), Nassau County Correctional Center ("the Jail"), Armor Health Care C/Inc. ("Armor"), Doctor K ("Dr. K"), P.H. Smith ("Smith"), Officer Evans, Badge # 210 ("Officer Evans"), Sergeant Miller, Capt. Ford, Nassau County Medical Center ("NCMC"), Orthopedic Specialist Mr. Carlos, Nurse Ms. Peg, and John and Jane Does (collectively, "the Defendants"). More specifically, Plaintiff claims that the Defendants were deliberately indifferent to his serious medical needs and, as a result, Plaintiff seeks to recover $27 million in damages.

On October 1, 2012, Plaintiff filed a new Complaint, assigned docket number 12-CV-4984(JS)(GRB) (the "Second Action"), against all of the same Defendants as those named in the Amended Complaint filed by Plaintiff under docket number 12-CV-3132 (JS) (GRB) (the "First Action"). In addition, Plaintiff names Nurse Greg and Sheriff Michael Sposato as defendants in the Second Action. Like the First Action, the Second Action is brought pursuant to Section 1983 and purports to allege that Plaintiff's Eighth Amendment rights were violated by the Defendants in that they were deliberately indifferent to his serious medical needs. As a result, Plaintiff seeks to recover $30 million in damages in the Second Action.

Upon review of the Amended Complaint in the First Action and the Complaint in the Second Action, the Court finds that consolidation is appropriate pursuant to Federal Rule of Civil Procedure 42. Both actions involve common questions of law and fact, and consolidation would serve the interests of judicial economy and would avoid unnecessary costs or delay. "The Second Circuit has long adhered to the first-filed doctrine in deciding which case to dismiss when there are competing litigations. Where there are several competing lawsuits, the first suit should have priority, . . . ." Kellen Co. v. Caphalon Corp., 54 F. Supp. 2d 218, 221 (S.D.N.Y. 1999) (internal quotations, alterations and citations omitted); see also Adam v. Jacobs, 950 F.2d 89, 92 2d Cir. 1991). Accordingly, the Clerk of the Court shall consolidate the two above-captioned cases under the first filed case, 12-CV- 3132(JS)(GRB) and shall close the case with docket number 12-CV-4984(JS)(GRB). Any further filings in that case shall be made under docket number 12-CV-3132(JS)(GRB). Given the consolidation, the pending in forma pauperis application in the Second Action is denied as moot.

For the reasons set forth below, the claims against the the Jail, the County, NCMC, Sergeant Miller, Capt. Ford and Sheriff Sposato are sua sponte dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).

The Allegations

Plaintiff's Amended Complaint and Complaint in the Second Action purport to allege that Plaintiff's Eighth Amendment rights were violated because he has been denied medical treatment for various ailments. More specifically, Plaintiff describes that when he arrived at the Jail on March 28, 2011, he was feeling pain in his neck and left shoulder that Plaintiff attributes to a November 10, 2010 car accident. Am. Compl. at 6. Plaintiff claims that he "put in a few sick call sheets to the Nassau County Medical Center [] requesting an evaluation of my injuries." Id. Plaintiff alleges that his sick call slips were denied because NCMC was "leaving the jail" since their "contract was up." Id. Plaintiff claims that "I should have been properly evaluated for pinpointing exactly what my injuries were, followed by treatment. . . . None of this accured [sic]." Id.

Plaintiff next describes that, on August 10, 2011, he slipped and fell on a wet floor while walking accompanied by Officer Evans. Am. Compl. at 7. According to Plaintiff, Officer "Evans filled out an injury report, but failed to get me proper medical care." Id. Plaintiff claims that Officer Evans "should have followed procedures and reported it to his supervisors who then should have taken me to an outside hospital." Id. Plaintiff further claims that Officer Evans "was aware of the fact that I had sustained some serious injuries" but instead "refus[ed] to get me help . . . [and] . . . sent me to the new care provider called 'Armor Correctional Health, Inc.'" Id. at 7-8. Once at the health clinic later that day, Plaintiff claims that he provided the injury report to the "doctors and nurses that I saw" and advised them that his back, neck, left shoulder and right knee were all causing him "severe pain." Id. at 9. Plaintiff claims that the doctors and nurses "dismissed it lightly, saying it was normal to be sore after a fall." Id.

On September 22, 2011 and October 19, 2011, Plaintiff claims that he was told by a nurse that he would be seen by a doctor, but that never happened. Id. at 10. According to Plaintiff, he was finally seen by a doctor on November 22, 2011, who allegedly diagnosed Plaintiff with having arthritis and denied his requests to have X-rays or MRIs taken. Id. Plaintiff claims that the doctor said that he would be scheduled for a consult with an orthopedic specialist, but that did not happen. Id. at 11. Rather, on December 1, 2011, Plaintiff began physical therapy and, "a couple of months later" Plaintiff was examined by orthopedic specialist "Mr. Carlos." Id. Mr. Carlos is alleged to have sent Plaintiff for an MRI of his back and left shoulder though Plaintiff complains that he should have also had an MRI taken of his knee. Id. at 12. The MRI is alleged to show that Plaintiff has a bulging disc on his left shoulder and "an impingement & downslope of the acromian [sic]." Id. According to Plaintiff, physical therapy continued but his requests for an MRI of his knee were ignored even though his knee "kept popping out." Plaintiff claims that Mr. Carlos informed Plaintiff that Armor did not allow for him to order an MRI of Plaintiff's knee because it "cost[s] too much money." Id. Plaintiff claims that "a couple of weeks later" his physical therapy was discontinued. Id. at 13.

Plaintiff also alleges that, on June 18, 2012, he was seen by "P.H. Smith as a result of all of the sick call sheets I filled out previously." Compl. in the Second Action at 6. Plaintiff describes that he told P.H. Smith that Plaintiff was in pain, that the left side of his body was numb, that he was having severe headaches, and that his "right knee kept popping out of place simply by walking." Id. P.H. Smith is alleged to have acknowledged that Plaintiff has a bulging disc, impingement, and downslope of the left shoulder, but advised Plaintiff that there is nothing she could do except give Plaintiff Naproxin because "Armored Company Insurance would not cover any of my treatment." Id.

Plaintiff next alleges that he was taken to the health clinic by wheel chair after reporting severe headaches and dizziness on June 19, 2012. Compl. in the Second Action at 7. Plaintiff claims that he was seen by two "Jane Does" who work for "Armor Correctional Inc. and the County of Nassau." Id. Plaintiff alleges that "the two ladies did not help me when I reported numbness to the face, tongue, left arm and left leg. They just gave me 500 mg Tylenol and told me it was nothing." Id. According to Plaintiff, the "two ladies Jane Doe and Jane Doe were aware of my serious medical needs yet failed to provide or seek proper medical treatment for me." Id.

The next day, June 20, 2012, Plaintiff claims that he was again not feeling well and was taken back to the health clinic, where he was seen by P.H. Smith and "a male nurse Mr. Greg." Compl. in the Second Action at 9. Plaintiff alleges that he reported pain from his neck to his head and numbness to his face, tongue, left arm, and left leg and foot. Id. Plaintiff claims that he requested that he be taken to the hospital but P.H. Smith said that "insurance would not pay for it" and instead instructed Mr. Greg to give Plaintiff Flexerol and another, unspecified medication. Id.

The next day, June 21, 2012, Plaintiff was taken to "Nassau County Hospital" following his complaints of pain, numbness dizziness, and paralysis to his left eye in that he could not close it. Id. at 11. At the hospital, Plaintiff claims he was diagnosed with Bells Palsy and was advised by an unidentified doctor that, had Plaintiff gotten medical treatment sooner, the medication would have been more effective. Id. Plaintiff claims that although the doctor prescribed tear drops and ointment for his eye on June 21, 2012, Plaintiff did not receive the drops or ointment until June 29, 2012. Id. at 13. Plaintiff describes that his eye was burning with pain during the time he was without the medication. According to Plaintiff, he was visited by Dr. K on June 26, 2012, who allegedly ignored Plaintiff's request for the tear drops and ointment. Plaintiff further claims that he ran out of the ointment in July and was given ...


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