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Thomas D. Briel v. Cpl. Fields and C.O. Krien

May 1, 2013

THOMAS D. BRIEL, PLAINTIFF,
v.
CPL. FIELDS AND C.O. KRIEN, DEFENDANTS.



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

MEMORANDUM & ORDER

Incarcerated pro se Plaintiff Thomas D. Briel ("Plaintiff") commenced this action on June 6, 2012 pursuant to 42 U.S.C. § 1983 asserting claims under the Eighth Amendment for deliberate indifference to medical needs. Pending before the Court is Defendants Corporal Fields and Corrections Officer Krien's motion to dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, their motion is DENIED.

BACKGROUND

I. Factual Background*fn1

Plaintiff's brief, handwritten Amended Complaint, submitted on the Court's civil rights complaint form, states, in relevant part, as follows:

Upon my intake at [the Nassau County Correctional Center] I explained my medical disability of the L5-S1 severe damage; cervical nerve damage, seizures, arthritis, and nerve damage to back, legs "left to foot and big toe," 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.

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 [sic] of weight; pain and suffering; chronic and substantial pain, anxiety, emotionally upsetting.

(Am. Compl. §§ IV, V.) Defendants Fields and Krien purportedly assigned Plaintiff a top bunk without a ladder, notwithstanding a request made by Nurse Irene Singh that Plaintiff be assigned a low bunk in a bottom tier with no stairs. (Pl. Aff., Docket Entry 27, "Special Needs Communication/Relocation" Form.)

The Amended Complaint further asserts that Plaintiff has filed multiple grievances, but "nothing was done." He nonetheless continues to file grievances--some of which are still pending. (Am. Compl. § II.)

II. Procedural Background

Plaintiff originally commenced this action against the Nassau County Sheriff's Department, the Nassau County Correctional Center, and Armor Correctional Health, Inc. and simultaneously moved for leave to proceed in forma pauperis. (Docket Entries 1-2.) In the weeks that followed, Plaintiff filed three amended complaints in what appeared to be an attempt to supplement his original Complaint. (Docket Entries 5, 7-8.) By Order dated July 2, 2012, the Court directed Plaintiff to file one amended complaint that included all of the defendants that he wished to sue as well as the claims he sought to assert against each defendant. (Docket Entry 9.) Plaintiff filed a comprehensive Amended Complaint on August 8, 2012, naming Nassau County Sheriff, Michael Sposato; the Nassau County Correctional Center; Armor Correctional Health, Inc.; Corporal Fields; Corrections Officer Krien; "Grievance Committee et al Badge #2995;" and Dr. Umana, Karen Kay, Irene Singh, R.N., and Nurse Ms. Smith of Armor Correctional Health. (Docket Entry 15.) On August 21, 2012, the Court sua sponte dismissed the claims against all defendants except Corporal Fields and Corrections Officer Krien (together, the "Moving Defendants"). (Docket Entry 16.) On October 9, 2012, the Moving Defendants moved to dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Docket Entry 19.) Plaintiff filed a "Sworn Affidavit" in opposition to the motion on October 24, 2012. (Docket Entries 27.) *fn2 The Moving Defendants did not file a reply brief.

DISCUSSION

The Court will first describe the standard of review under Rule 12(b)(6) before turning to the merits of ...


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