United States District Court, N.D. New York
BEAVER, JR. Plaintiff, pro se
DECISION AND ORDER
D'AGOSTINO UNITED STATES DISTRICT JUDGE
plaintiff Horace Beaver ("Plaintiff") commenced
this civil rights action asserting claims arising out of his
confinement in the custody of the New York State Department
of Corrections and Community Supervision ("DOCCS")
at Groveland Correctional Facility ("Groveland
C.F."). By Decision and Order filed on June 30, 2017
(Dkt. No. 7) (the "June Order"), this Court granted
Plaintiff's IFP application and reviewed the sufficiency
of the Complaint in accordance with 28 U.S.C. § 1915(e)
and 28 U.S.C. § 1915A. On the basis of that review, the
Court dismissed the complaint for failure to state a claim
upon which relief could be granted. Dkt. No. 7 at 10. In
light of his pro se status, Plaintiff was afforded an
opportunity to submit an Amended Complaint. See Dkt.
No. 7 at 10. Presently before the Court is Plaintiff's
Amended Complaint. Dkt. No. 10 ("Am. Compl.").
legal standard governing the dismissal of a pleading for
failure to state a claim pursuant to 28 U.S.C. §1915A(b)
was discussed at length in the June Order and it will not be
restated in this Decision and Order. See Dkt. No. 7
at 2-4. The Court will construe the allegations in
Plaintiff's Amended Complaint with the utmost leniency.
See, e.g., Haines v. Kerner, 404
U.S. 519, 520 (1972) (holding that a pro se litigant's
complaint is to be held "to a less stringent standards
than formal pleadings drafted by lawyers.").
JUNE ORDER and SUMMARY OF AMENDED COMPLAINT
original Complaint, plaintiff alleged that defendants Dr.
Dippert ("Dippert"), Dr. Dar ("Dar"), Dr.
Moffatia ("Moffatia") and Dr. John Doe ("John
Doe") were deliberately indifferent to his serious
medical needs in violation of the Eighth Amendment.
See Compl, generally. In the June Order,
the Court dismissed the claims holding that Plaintiff failed
to establish that Defendants were personally involved in any
constitutional deprivation. See Dkt. No. 7
at 5-6. The Court also reasoned that even if Plaintiff had
established personal involvement on the part of any
defendant, the Eighth Amendment medical indifference claims
were subject to dismissal for failure to state a claim.
See Id. at 8-9.
Amended Complaint, Plaintiff adds the following new
defendants: C.O. Bryant ("Bryant"), Sergeant Cozmac
("Cozmac"), Superintendent Cronin
("Cronin"), and the Groveland C.F. Medical
Department. See Am. Compl. at 1. The Amended
Complaint does not include any claims against Dar, Moffatia,
Dr. Dur, or John Doe.
January 8, 2016, while Plaintiff was walking in front of the
officer's desk in Dorm C-3, he slipped and fell due to
water on the floor. Am. Compl. at 4. Bryant and Cozmac were
at the desk at the time Plaintiff fell but were talking and
"not paying attention." Id.; Dkt. No. 10-1
at 2. No "wet floor" or warning signs were posted
in the area. Id. Cozmac sent Plaintiff to the
medical department for complaints of pain to his knee.
Id. X-rays were taken. Id.; Dkt. No. 10-1
the incident, Plaintiff did not receive any further treatment
for his knee despite his repeated complaints that his knee
was "giving out" due to pain. Am. Compl. at 6; Dkt.
No. 10-1 at 1. Several months later, Plaintiff fell and hit
his head on a locker when his knee "gave out." Am.
Compl. at 5.
was transferred to a different facility and filed a grievance
asking for an MRI of his knee. Am. Compl. at 4. One year later,
Plaintiff underwent an MRI that revealed "tears"
requiring surgery. Id.; Dkt. No. 10-1 at 2. Nerve
testing also revealed a degenerative disk, a herniated disk,
and nerve damage in Plaintiff's right leg. Dkt. No. 10-1
liberally, the Amended Complaint contains the following
causes of action: (1) Eighth Amendment condition of
confinement and failure to protect claims against Bryant,
Cozmac, and Cronin; (2) Eighth Amendment claims against the
Groveland C.F. Medical Department and Dippert; (3) negligence
claims; and (4) discrimination/equal protection claims
against the Groveland Medical Department and Dippert.
See Am. Compl. and Dkt. No. 10-1,
generally. Plaintiff seeks monetary damages. See
Id. at 5.
Claims Against "Medical ...