United States District Court, D. Connecticut
INITIAL REVIEW ORDER
R. UNDERHILL, District Judge.
plaintiff, Giuseppe Angileri,  incarcerated and pro
se, has filed an amended complaint alleging the
defendants, Correctional Managed Health Care, the State of
Connecticut Department of Corrections, John Wu, Augustus
Mazzocca, Ricardo Ruiz, Isaac Moss, Deborah Wilson,
"Cindy" [last name unidentified], and John/Jane Doe
1-5, violated the Eighth Amendment of the United States
Constitution. See Am. Compl., Doc. No. 7. Angileri
has also filed a motion for an order directing the defendants
to comply with the Prison Litigation Reform Act
("PLRA"), 42 U.S.C. Â§ 1997e. See Motion
for Order, Doc. No. 8. For the reasons set forth below, the
motion for order is denied and the complaint is dismissed in
Motion for Order [Doc. No. 8]
application to proceed in forma pauperis included a
section in which Angileri agreed to permit the Department of
Correction to deduct money from his inmate account to pay the
full filing fee of $350.00. Angileri now contends that on one
occasion in March 2016 the Department of Correction deducted
too much money from his account towards the payment of the
filing fee. He does not assert that he made any prior efforts
to resolve this issue prior to filing this motion. He now
seeks a court order directing the Department of Correction to
reimburse $44.49 to his account.
Department of Correction has not yet forwarded any money from
Angileri's inmate account to the court for the payment of
the filing fee. It is the court's understanding that the
Department of Correction waits to forward any money to the
Clerk until the full amount of the filing fee has been
collected from the inmate's account. Angileri has not
alleged that he will suffer imminent harm if the relief
requested is not granted. Accordingly, if he disagrees with
the amount of money deducted by the Inmate Accounts Office of
the Department of Correction, he should contact that office
to resolve the issue. The motion [doc. No. 8] is denied.
Amended Complaint [Doc. No. 7]
Standard of Review
to section 1915A(b) of Title 28 of the United States Code,
the court must review prisoner civil complaints against
governmental actors and "dismiss... any portion of [a]
complaint [that] is frivolous, malicious, or fails to state a
claim upon which relief may be granted, " or that
"seeks monetary relief from a defendant who is immune
from such relief." Id. Rule 8 of the Federal
Rules of Civil Procedure requires that a complaint contain
"a short and plain statement of the claim showing that
the pleader is entitled to relief." Fed.R.Civ.P.
detailed allegations are not required, "a complaint must
contain sufficient factual matter, accepted as true, to state
a claim to relief that is plausible on its face. A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(internal quotation marks and citations omitted). A complaint
that includes only "labels and conclusions, ' a
formulaic recitation of the elements of a cause of
action' or naked assertion[s]' devoid of further
factual enhancement, '" does not meet the facial
plausibility standard. Id. (quoting Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555, 557 (2007)).
Although courts still have an obligation to interpret "a
pro se complaint liberally, " the complaint
must include sufficient factual allegations to meet the
standard of facial plausibility. See Harris v.
Mills, 572 F.3d 66, 72 (2d Cir. 2009) (citations
following facts are alleged in the amended complaint.
See Am. Compl., Doc. No. 7. Angileri suffered an
injury to his left shoulder and neck prior to his
incarceration. During his incarceration, Angileri complained
of chronic pain in his left shoulder that radiated down his
arm and up to his neck. He underwent an MRI of his left
shoulder in June 2013. Following the MRI, prison medical
staff submitted a request that Angileri be approved for
surgery to his shoulder. The Utilization Review Committee
approved the request and Dr. Mazzocca performed rotator cuff
surgery in August 2013.
Mazzocca's post-operative instructions included
restrictions on weight bearing, an order that Angileri wear a
sling and a brace, and a prescription for pain medication;
however, Dr. Ruiz discontinued Angileri's pain medication
prematurely despite his complaints of continuing pain after
the surgery. The pain medication was reinstated two weeks
later. In October 2013, Nurse Wilson required Angileri to
move his property to a new cell despite his medical
condition. Angileri claims that he experienced an increase in
pain in his left shoulder as a result of the move.
March 2014, Angileri underwent a follow-up MRI of his left
shoulder. A physician reviewed the MRI and noted abnormal
spacing in the cervical vertebral canals. The MRI also
reflected that the rotator cuff surgery had caused nerves in
his neck to be pinched. An additional MRI in July 2014
reflected deterioration of the left shoulder tendon and fluid
retention. In September 2014, Nurse "Cindy"
discontinued one of Angileri's prescription medications,
as well as an order that he be provided with ice for his neck
pain on a daily basis, despite Angileri's on-going pain.
conduction study performed on Angileri's left shoulder in
October or November 2014 showed severe nerve damage. Dr.
Mazzocca informed Angileri that the nerve damage to his neck
was the cause of the nerve damage to his left shoulder. On
November 12, 2014, Angileri underwent a second surgery on his
left shoulder. A December 2014 MRI of Angileri's cervical
spine showed joint degeneration, disc protrusion and spinal
canal stenosis. Between December 2014 and July 2015, ...