United States District Court, N.D. New York
PADILLA Plaintiff, pro se Onondaga County Justice Center 555
DECISION AND ORDER
D'AGOSTINO United States District Judge
plaintiff Emilio Padilla ("Plaintiff") commenced
this civil rights action asserting claims arising out of his
detention at the Onondaga County Justice Center
("Onondaga County J.C."). Dkt. No. 1
("Compl."). By Decision and Order filed on November
29, 2017 (Dkt. No. 4) (the "November 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.
See Dkt. No. 8, generally. In light of his
pro se status, Plaintiff was afforded an opportunity to
submit an Amended Complaint. See Id. at 11.
Presently before the Court is Plaintiff's Amended
Complaint. Dkt. No. 9 ("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 November Order and it will not
be restated in this Decision and Order. See Dkt. No.
8 at 2-4. The Court will construe the allegations in the
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.").
NOVEMBER ORDER and SUMMARY OF AMENDED
original Complaint, Plaintiff asserted Fourteenth Amendment
claims related to deliberate indifference to his serious
medical needs against the County of Onondaga, Onondaga County
J.C., "Medical Staff, " and CCS Correction Care
Solution, and "Pharmaceutical Company."
See Compl., generally. In the November
Order, the Court dismissed Plaintiff's claims holding as
follows: (1) Plaintiff failed to sufficiently allege a
widespread policy or custom related to Onondaga County; (2)
all claims against Onondaga C.J. were barred pursuant to the
Eleventh Amendment; (3) the "Medical Staff" is not
a "person" as required by Section 1983; and (4)
claims against CCS and the Pharmaceutical Company were
dismissed for failure to plead that the private parties are
state actors. See Dkt. No. 8, generally.
Amended Complaint, Plaintiff adds the following new
defendants: Dr. Monika Zirath ("Zirath") and Nurse
Practitioner Jasminique Bobb-Diallo
("Bobb-Diallo"). See Am. Compl. at 1. The
Amended Complaint does not contain any claims against
Onondaga County, Onondaga C.J., the Medical Staff, or the
alleges that CCS entered into a contract with Onondaga County
to provide medical care for pretrial detainees. Am. Compl. at
2. In April 2017, Plaintiff was treated by Zirath, an
employee of Correction Care Solution ("CCS") for
complaints related to a shoulder injury. Id. at 3,
9. Zirath told Plaintiff that an x-ray would be taken
"within the next few days, " but suspected that
Plaintiff suffered from arthritis and prescribed
Naproxen/Naprosyn. Id. at 3-4. Zirath did not
explain the possible side effects of the medication.
Id. at 4.
2017, Plaintiff noticed that he was rapidly gaining weight.
Am. Compl. at 4. On July 23, 2017, Plaintiff requested sick
call because his thighs were swollen and his urine was
"very dark." Id.; Dkt. No. 1-1 at 15.
Plaintiff did not receive a response. Am. Compl. at 4. On
July 25, 2017, Plaintiff submitted two additional sick call
requests for medical attention because his entire body began
to swell. Id. at 4-5.; Dkt. No. 1-1 at 16-17.
Plaintiff did not receive a response. Am. Compl. at 5. On
July 26, 2017, Plaintiff submitted another sick call slip.
Id. at 5; Dkt. No. 18.
31, 2017, Plaintiff requested sick call because he could not
urinate, had chest pain, and could not walk. Am. Compl. at 7;
Dkt. No. 1-1 at 19. Later that day, Nurse Harrish examined
Plaintiff and took his vitals. Am. Compl. at 5. Plaintiff's
blood pressure was 150/100. Id. Harrish denied
Plaintiff's request to go to the hospital and told him to
lay down and elevate his feet. Id. Later that
evening, Plaintiff submitted another sick call slip.
was examined by defendant Bobb-Diallo, a CSC
employee. Am. Compl. at 5, 9. Plaintiff told
Bobb-Diallo that he could not urinate and that he was
experiencing chest pains. Id. at 8. Bobb-Diallo
diagnosed Plaintiff with high blood pressure and provided
blood pressure medication and a water pill. Id. at
5-6. Bobb-Diallo directed Plaintiff to drink a lot of fluids.
Id. at 6. As a result, in a few days, Plaintiff
gained sixty pounds. Am. Compl. at 6.
days later, Plaintiff told Bobb-Diallo that he needed to go
to a hospital and she replied, "let the medication
work." Am. Compl. at 6. At the time, the nurse was aware
that there was protein in Plaintiff's urine and she
observed the swelling in his ankles, legs, and feet.
Id. at 5, 8. Plaintiff was directed to return to his
cell. Id. at 6, 7.
August 1, 2017, at 3:00 a.m. Plaintiff was examined by a
nurse and, at 8:00 a.m., he was rushed to St. Joseph's
Hospital. Am. Compl. at 8. At the hospital, Plaintiff was
diagnosed with protein in his urine, heart failure, and acute
kidney failure. Id.; Dkt. No. 1-1 at 1. On August 8,