United States District Court, S.D. New York
RANDEL O. SMICKLE, Plaintiffs,
The City of New York; N.Y.C.D.O.C. Environmental Health; N.Y.C.D.O.H. & M.H. N.Y.C.D.O.H. & M.H. Comm. Mary Basset; N.Y.C.D.O.C. Environmental Health Asst. Comm. Patricia Feeney; Medical Administrator, Ms. B. Parboo; Medical Administrator, Mr. John Doe; Senior Medical Director Mr. R. Ramos; Senior Medical Director Ms. Jane Doe; Head Nurse RN T. Bowen, Defendants.
Smickle Wallkill, New York Pro Se Plaintiff.
Robert Schnittman Kate Fay McMahon New York City Law
Department New York, New York Counsel for Defendants.
OPINION & ORDER
S. BRODERICK, UNITED STATES DISTRICT JUDGE.
Plaintiff Randel Smickle brings this action under 42 U.S.C.
§ 1983, alleging that his constitutional rights were
violated while he was incarcerated at an infirmary annex on
Rikers Island. Before me is Defendants' motion for
judgment on the pleadings pursuant to Federal Rule of Civil
Procedure 12(c). Because Plaintiff executed a general release
that bars all of his claims in this action, Defendants'
Rule 12(c) motion is GRANTED, and Plaintiffs claims are
dismissed in their entirety.
alleges that doctors at Bellevue Hospital diagnosed Plaintiff
with “a history of obesity and severe [obstructive
sleep apnea], ” conducted a sleep study, and
recommended that Plaintiff sleep with a Continuous Positive
Airway Pressure (“CPAP”) machine that includes a
humidifier. (Am. Compl. 8-9.) On August 19, 2015, Plaintiff was
transferred from Bellevue Hospital to the North Infirmary
Command Annex (“NIC Annex”), where he received a
CPAP machine that did not include a humidifier. (See
id.) Plaintiff filed grievances requesting that he
receive a CPAP machine that included a humidifier, (see,
e.g., Doc. 22-1, at 11), but his request was denied by a
senior medical director as not medically necessary, (see
Id. at 9-10).
December 27, 2015, Plaintiff was assaulted by another inmate
in the NIC Annex, resulting in Plaintiff being “pushed
into the door frame” and falling on his back causing
back and shoulder pain. (Id.) The inmate who
assaulted Plaintiff was sprayed with a chemical agent, and
Plaintiff was incidentally exposed to some of the chemical
agent. (Id. at 10.) Plaintiff was taken for an x-ray
that showed “no bone injury, ” but he did not
receive any pain medication or physical therapy for his
resulting back and shoulder pain. (Id.)
August 11, 2016, Plaintiff slipped and fell, which
exacerbated his back and shoulder pain and also injured the
right side of his body, making it difficult for Plaintiff to
move. (Id. at 10.) Plaintiff was taken to Elmhurst
Hospital, received an x-ray that showed no bone injuries, and
was provided physical therapy for his back injury.
(Id.) Plaintiff requested an MRI, but was unable to
receive an MRI because he was “40 lbs” above the
MRI machine's maximum weight limit. (Id.)
According to Plaintiff, he saw an orthopedic doctor and asked
for a cane to assist with walking, but he never received one.
(Id. at 11.)
Plaintiff developed posterior scalp folliculitis as a result
of receiving haircuts at Rikers Island. (Id.)
Plaintiff alleges that he did not receive any treatment for
this condition and was not scheduled for an appointment with
a dermatologist until February of 2017. (See id.)
However, according to his medical records, copies of which he
annexed to his Amended Complaint, Plaintiff was seen by a
dermatologist on or about August 31, 2016 and was prescribed
medication to treat this scalp condition. (Am. Compl. Ex. 1,
March 6, 2016, Plaintiff submitted a notice of claim to the
Office of the New York City Comptroller in connection with
Plaintiff's alleged inability to receive a CPAP machine
that included a humidifier at the NIC Annex (the “CPAP
Claim”). (See Schnittmann Decl. Ex. A, at
3-7.) With the assistance of counsel, Plaintiff
settled the CPAP Claim with the Comptroller for $2, 000 and
executed a general release in connection with the settlement
(the “Release”). (See id. Exs. B.) The
Release states, in relevant part:
RANDEL SMICKLE . . . as “RELEASOR”, . . . in
consideration of the payment of $2, 000.00 . . . hereby
voluntarily, knowingly, and willingly releases and forever
discharges the City of New York, and all past and present
officials, officers, directors, managers, administrators,
employees, agents, assignees, lessees, and representatives of
the City of New York . . ., collectively the
“RELEASEES”, from any and all liability, claims,
or rights of action alleging a violation of civil rights and
any and all claims, causes of action, suits, administrative
proceedings, debts, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts,
controversies, transactions, occurrences, agreements,
promises, damages, variances, trespasses, extents, judgments,
executions, and demands known or unknown, at law, in equity,
or by administrative regulations, which RELEASOR, his/her
heirs, distributes, devisees, legatees, executors,
administrators, successors and assignees had, now has or
hereafter can, shall, or may have, either directly or through
subrogees or other third persons, against the RELEASEES for,
upon or by reason of any matter, cause of thing whatsoever
that occurred through the date of this RELEASE.
(Id. at 1.) The Release was executed on January 13,
2017, nearly three months after the Amended Complaint was
filed in this action on October 17, 2016.
4, 2016, Plaintiff filed his complaint, (Doc. 2), which was
amended on or about October 17, 2016, (Doc. 22). On December
15, 2016, Defendants answered the Amended Complaint. (Doc.
25.) On June 29, 2017, Defendants filed a motion for leave to
amend their answer pursuant ...