United States District Court, W.D. New York
DECISION AND ORDER
FRANK P. GERACI, JR. CHIEF JUDGE.
se Plaintiff James Edward Sandford III is confined at
the Livingston County Jail. He filed a Complaint asserting
claims under 42 U.S.C. § 1983 and alleging that
Defendants failed to treat his broken arm. ECF No. 1. The
Court dismissed the Complaint without prejudice for failure
to state a claim upon which relief can be granted and gave
Plaintiff leave to file an amended complaint. ECF No. 12.
Plaintiff timely filed an Amended Complaint and moved to
appoint counsel. ECF Nos. 13, 14.
reasons that follow, Plaintiff's claims are dismissed
under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, and his
motion for counsel is denied as moot.
1915 “provide[s] an efficient means by which a court
can screen for and dismiss legally insufficient
claims.” Abbas v. Dixon, 480 F.3d 636, 639 (2d
Cir. 2007) (citing Shakur v. Selsky, 391 F.3d 106,
112 (2d Cir. 2004)). The Court must dismiss a complaint in a
civil action in which a prisoner seeks redress from a
governmental entity or its officer or employee if it
determines that the action (1) fails to state a claim upon
which relief may be granted or (2) seeks monetary relief
against a defendant who is immune from such relief.
See 28 U.S.C. § 1915A(b)(1)-(2). Generally, the
Court will afford a pro se plaintiff an opportunity
to amend or be heard before dismissal “unless the court
can rule out any possibility, however unlikely it might be,
that an amended complaint would succeed in stating a
claim.” Abbas, 480 F.3d at 639 (internal
quotation marks omitted). But leave to amend pleadings may be
denied when any amendment would be futile. See Cuoco v.
Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000).
evaluating the Amended Complaint, the Court must accept all
factual allegations as true and draw all inferences in
Plaintiff's favor. See Larkin v. Savage, 318
F.3d 138, 139 (2d Cir. 2003). “Specific facts are not
necessary” and the plaintiff “need only give the
defendant fair notice of what the . . . claim is and the
grounds upon which it rests.” Erickson v.
Pardus, 551 U.S. 89, 93 (2007) (citation and quotation
marks omitted). A court must liberally construe pro
se pleadings, “particularly when they allege civil
rights violations, ” McEachin v. McGuinnis,
357 F.3d 197, 200 (2d Cir. 2004), but pro se
pleadings must still meet the notice requirements of Federal
Rule of Civil Procedure 8, Wynder v. McMahon, 360
F.3d 73, 79 (2d Cir. 2004).
sues various Yates County Jail (“the Jail”)
lieutenants, sergeants, corrections officers, a doctor, two
nurses, and a Penn Yan Police Department sergeant,
investigator, and patrolman as Defendants in this action for
their collective failure to treat Plaintiff's broken arm.
liberal reading of the Amended Complaint and attached
documents tells the following story. Plaintiff was
arrested in Yates County on March 24, 2015. At that time,
Plaintiff had a broken arm and had been wearing a cast for
three weeks. ECF No. 13 at 18. At the Penn Yan Police
station, Plaintiff “ripped [his] cast off” and
later, at the Jail, was upset and “pounding on the
walls of [his] cell”. Id. Plaintiff told
Sergeants Bailey and Crandall, Investigator Dunham, and
Officers Stenzel, Brush, and Marsh that he was in
“excruciating pain, and begged them for
assistance.” Id. at 10. Plaintiff declined the
ice pack that was offered to him. Id. at 18.
March 25, 2015, Nurse Ballard arranged to have
Plaintiff's arm x-rayed at “S&S hospital”
and ordered Plaintiff ibuprofen and an ace bandage.
Id. Officers Stenzel and Kuhner followed orders from
Lieutenant Rugar and Sergeant Gridley to bring Plaintiff back
to the Jail “before any doctor could administer any
medical treatment.” Id. at 11. Because Nurse
Ballard was unable to see Plaintiff until she returned to the
Jail on March 27, she instructed “the jail” to
wrap Plaintiff's arm in the ace bandage, but did not do
anything when “the jail told her ‘no'”
or prescribe Plaintiff medication. Id. at 11, 18.
March 26 through April 1, 2015, Lieutenant Rugar, Sergeants
Gridley and Smith, Officers Shanto, Hoover, Joan, Head,
Schaeffer, and Quayle, Nurse Erica, Dr. Dewitt, and various
John and Jane Does “did absolutely nothing” for
Plaintiff's broken arm after he “specifically asked
each of them for help.” Id. at 13.
Additionally, Plaintiff “begged” Sergeant Aaron
IV, Officer Carlsen, and John Doe #3 for medical attention
but “each one told [Plaintiff] there was nothing they
could do because ‘[Plaintiff] did not have a
life-threatening injury, nor did the jail have enough man
power to take [Plaintiff] to the hospital.' ([Sergeant]
Aaron as quoted by [Officer] Deborah Carlsen).”
Id. at 13. During this time, it took Nurses Ballard
and Erica “over a week to get [Plaintiff] to a medical
professional.” Id. at 16.
March 31, Plaintiff saw Dr. Dewitt, who arranged for
Plaintiff to go to an orthopedic doctor in Geneva, New York
the next day, presumably the same doctor he saw when he first
broke his arm. See id. at 18. On April 1, 2015,
Plaintiff saw an orthopedic doctor and was issued a splint