United States District Court, D. Connecticut
INITIAL REVIEW ORDER
C. HALL UNITED STATES DISTRICT JUDGE
plaintiff, Jose Garcia (“Garcia”), is
incarcerated at the Garner Correctional Institution in
Newtown, Connecticut. He has filed a complaint under section
1983 of title 42 against the University of Connecticut Health
Care Center (“UCONN”), the Department of
Corrections, Commissioner Scott Semple, Correctional Officers
Genise, Gray, Parnisakul, Burritt, Ross and Byars, Lieutenant
Hurdle, Social Workers Marek and Bertulis and Nurse Yerkes.
Doc. No. 1. For the reasons set forth below, the Complaint is
dismissed in part.
to section 1915A(b) of title 28, 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. 8(a)(2).
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 have an obligation to interpret “a
pro se complaint liberally, ” the complaint
must still include sufficient factual allegations to meet the
standard of facial plausibility. See Harris v.
Mills, 572 F.3d 66, 72 (2d Cir. 2009) (citations
6, 2014 at Garner, Officer Genise made repeated verbal
comments to Garcia regarding his mental illness. See
Compl. at 6-7. After two hours of verbal harassment, Garcia
was unable to control his anger and his disruptive conduct
resulted in his placement in the restrictive housing unit.
See id. at 7.
informed Officer Gray, Social Workers Marek and Bertulis, and
Nurse Yerkes that he had been provoked by Officer Genise and
that he could not control the symptoms associated with his
bi-polar and anxiety disorder. See id. He requested
that Social Workers Marek and Bertulis and Nurse Yerkes
prescribe medication to treat his symptoms, but they refused
to do so. See id. Garcia's mental health
condition deteriorated, and he became irate and extremely
agitated. See id.
Parnisakul and Burritt handcuffed Garcia, escorted him to a
multipurpose room, placed him in a steel cage and then
escorted him to another cell. See Id. at 7-8. When
Garcia arrived at the new cell, Officers Parnisakul, Burritt,
Ross, and Byars placed him in handcuffs, leg shackles, and a
tether chain around his waist. The officers applied the
restraints in such a way that Garcia was unable to stand
upright or use the toilet. See id. at 8. He was
forced to urinate and defecate on himself. See Id.
He remained in soiled clothes for nine hours. See
Lieutenant Hurdle came to remove the restraints, Garcia asked
for a wash cloth to clean himself because he was scheduled to
go to a court hearing. See Id. Lieutenant Hurdle
refused to permit Garcia to clean himself off and suggested
that Garcia might think twice next time about pissing off
staff and threatening to file lawsuits. See id.
Garcia arrived at the courthouse, his mental health condition
deteriorated, and he attempted to hang himself in the holding
cell. See id. at 9. Officers transported him to New
Britain Hospital for treatment. See id. Garcia
suffered injuries to his neck, head, and back. See
id. After his return to Garner, medical staff placed him
in the inpatient unit for observation. See id.
Eventually, prison staff returned Garcia to the restrictive
housing unit. See id.
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