United States District Court, N.D. New York
CLARENCE DELANEY, JR., Beacon, NY, Plaintiff pro se.
HON. ERIC T. SCHNEIDERMAN, Attorney General for the State of New York, RACHEL M. KISH, ESQ., Albany, NY, Counsel for Defendants.
THÉRÈSE WILEY DANCKS, Magistrate Judge.
This pro se prisoner civil rights action, commenced pursuant to 42 U.S.C. § 1983, has been referred to me for Report and Recommendation by the Honorable David N. Hurd, United States District Judge, pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Plaintiff Clarence Delaney, Jr., alleges that Defendants were deliberately indifferent to his serious medical needs when he was incarcerated at Mid-State Correctional Facility. (Dkt. No. 11.) Currently pending is Defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 27.) For the reasons that follow, I recommend that the Court grant Defendants' motion with leave to amend.
The following facts are derived from the face of the operative complaint and are accepted as true for the purposes of deciding the pending motion to dismiss. Erickson v. Pardus, 551 U.S. 89, 94 (2007).
Plaintiff alleges that before January 2, 2013, he was being prescribed Neurotin and Ultram for chronic pain to his right arm and elbow. (Dkt. No. 11 ¶ 8.) On January 2, 2013, Plaintiff was placed in the Special Housing Unit ("SHU") at Mid-State Correctional Facility after being issued a misbehavior report charging him with possessing unauthorized medication in his cell. (Dkt. No. 11 ¶¶ 6, 9, 31.) When Plaintiff went to the prison medical clinic on January 2, 2013, he did not receive his noon medication dosages. Id. ¶ 9. Plaintiff's medications had been "discontinued without fair notice by defendant Dr. Zaki who the plaintiff had never met or had a medical appointment with prior to or after being prescribed medications for pain management." Id. One of the nurses informed Plaintiff that Defendant Zaki was an on-call doctor who worked at Marcy Correctional Facility, a mile away. Id. ¶ 11.
On January 16, 2013, Plaintiff saw Defendant Doctor Ramineni, who had treated Plaintiff before he was sent to the SHU, but was not the doctor who prescribed Plaintiff's pain medication. (Dkt. No. 11 ¶ 14.) Defendant Ramineni "spoke to the plaintiff from behind the cell door while plaintiff expressed how much he was suffering without his pain medication." Id. ¶ 15. Defendant Ramineni asked Plaintiff to put his right arm through the hole in the middle of the cell door, examined Plaintiff's arm "for a quick second, " stated "I can't do anything for your pain, " and walked away from the cell. Id. ¶ 16.
Plaintiff saw Defendant Ramineni again on February 6, 2013. (Dkt. No. 11 ¶ 20.) Defendant Ramineni again remained behind the cell door, stated that he could not do anything for Plaintiff's pain, and left without prescribing any medication. Id. This visit lasted no more than three minutes. Id.
Plaintiff wrote two letters to Defendant Nurse Administrator Czerwinski complaining about the lack of pain medication. (Dkt. No. 11 ¶¶ 22-23.) Defendant Czerwinski did not respond to either letter. Id. ¶ 23. Plaintiff alleges that Defendant Czerwinski "justified defendants' actions by stating the plaintiff was hoarding and selling his medications which were untrue and without facts." Id. ¶ 48. Plaintiff further alleges that Defendant Czerwinski "was grossly negligent because she did not adequately supervise the subordinates who violated plaintiff's rights.... As Nurse Administrator to all medical personnel at Mid-State Correctional Facility, she failed to intervene when plaintiff wrote his letters of complaint directly to her." Id. ¶ 50.
Plaintiff alleges that Defendant Czerwinski "allowed unsigned anonymous letters from an inmate to be perman[ent]ly place[d] in plaintiff's medical file." (Dkt. No. 11 ¶ 49.) Plaintiff alleges that these letters "made an untrue statement" about Plaintiff. Id. ¶ 33.
Plaintiff wrote several letters to Defendant Smith, the Superintendent of Midstate Correctional Facility, complaining about the lack of pain medication. (Dkt. No. 11 ¶ 24.) Plaintiff received "a lukewarm response." Id.
On or about February 27, 2013, Defendant Ramineni saw Plaintiff in an examining room. (Dkt. No. 11 ¶ 26.) After that visit, Plaintiff received a prescription for Ibuprofen. Id. ¶ 28.
Plaintiff alleges that Defendant Carl Koenigsmann failed to respond to a grievance that Plaintiff appealed to the Central Office Review Committee regarding ...