United States District Court, D. Connecticut
INITIAL REVIEW ORDER
CHARLES S. HAIGHT, JR. SENIOR UNITED STATES DISTRICT JUDGE.
Courtney Green, currently incarcerated at Osborn Correctional
Institution ("Osborn"), and who was previously
incarcerated at Corrigan Correctional Center
("Corrigan") in Connecticut, filed this Complaint
pro se pursuant to 42 U.S.C. §
1983. He has named as Defendants two Registered
Nurses ("R.N.s") at Corrigan, identifying them by
last name only as Shaw and Auguste. Each Defendant is sued
only in his or her individual capacity. Plaintiff contends
that Defendants have been deliberately indifferent to his
medical needs and caused him significant physical harm.
STANDARD OF REVIEW
section 1915A of title 28 of the United States Code, the
Court must review all prisoner civil complaints against
governmental actors, and dismiss any portion of the 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.” 28 U.S.C. § 1915A(b)(1), (2).
In reviewing a pro se complaint, the Court must
assume the truth of the allegations, and interpret them
liberally to "raise the strongest arguments [they]
suggest." Abbas v. Dixon, 480 F.3d 636, 639
(2d Cir. 2007); see also Sykes v. Bank of Am., 723
F.3d 399, 403 (2d Cir. 2013) (quoting Triestman v. Fed.
Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006)).
Although detailed allegations are not required, the complaint
must include sufficient facts to afford the defendants fair
notice of the claims and the grounds upon which they are
based. Bell Atlantic v. Twombly, 550 U.S. 544,
555-56 (2007). A plaintiff must plead "enough facts to
state a claim to relief that is plausible on its face."
Id. at 570. "Even in a pro se case, however . .
. threadbare recitals of the elements of a cause of action,
supported by mere conclusory statements, do not
suffice." Chavis v. Chappius, 618 F.3d 162, 170
(2d Cir. 2010) (internal quotation marks and citation
omitted). Nor may the Court "invent factual
allegations" plaintiff has not pleaded. Id.
factual allegations contained in Green's Amended
Complaint and in the medical requests attached to his Amended
Complaint are recounted herein, recited in the light most
favorable to Green. See Doc. 6. On or about June 23,
2015, Green began experiencing pain and bleeding from his
rectum after a bowel movement, which occurred after he had
been playing basketball and when he was fasting for Ramadan.
Id. ¶ 1. The next day, on June 24, 2015, he
wrote to the medical unit of Corrigan stating that he was
"having pain in [his] rectum during bowel
movement." Id. ¶ 2. His request was
returned on or about June 26, 2015 with a notation that he
had been placed on the sick call list. Id. About a
week later on July 1, 2015, he wrote the medical unit after
experiencing severe discomfort and because he still had not
been seen by a medical professional. Id. ¶ 3.
He stated: "I have a serious problem. Pain and bleeding
from the rectum and I need to see the Dr. urgently."
Id. He also reminded them that he had sent a
previous written request to them. Id. On July 3,
2015, he was called to sick call for triage where Defendant
Shaw saw him. Id. ¶ 4. He explained what was
happening to him and informed Shaw that he was fasting for
Ramadan and had not consumed any food or liquid on June 23,
2015 the day of the first incident. Id. Shaw
informed Plaintiff that he had to up his water and fiber
intake, and suggested that he not strain while using the
restroom. Id. ¶ 5. Shaw diagnosed him with
hemorrhoids even though his rectum was never examined.
Id. Shaw instructed Plaintiff to purchase hemorrhoid
cream off commissary and explained that there was nothing
that could be done for hemorrhoids. Id.
August 20, 2015, Green again wrote to medical stating
"I'm having hemorrhoid trouble problems." Doc.
6 ¶ 6. Soon after he was called to medical for triage
where Defendant Auguste consulted him. Id. During
this consultation, Green informed Auguste that he had been
using hemorrhoid cream but it was not effective and his
rectum was still bleeding. Id. ¶ 7. Auguste
explained that hemorrhoids are chronic and life-long.
Id. Auguste instructed Green to push the hemorrhoids
back into his rectum with his fingers while in the shower.
Id. Green requested that Auguste put him on a list
to see the doctor so that they could being a process to
remove the hemorrhoids. Id. Auguste told Green that
there was no removal of hemorrhoids and Green stated "Oh
ok. I'm all set." Id. Auguste did not place
Green on the doctors wait list and did not examine
Green's rectum, and thus, did not know the true extent of
Green's medical condition. Id. ¶ 8.
about March 31, 2016, Green was transferred from Corrigan to
Macdougall Walker Correctional Institution. Doc. 6 ¶ 9.
While housed there, his symptoms worsened and eventually
impeded his ability to have regular bowel movements so much
so that his underwear would be soiled with blood.
Id. At that point, he also experience burning
sensations from his rectum and he was in extreme discomfort
while walking, running and during bowel movements.
Id. In mid to late August 2016, Green wrote to
medical via an inmate request. Id. ¶ 10. He was
not seen and two weeks later, on September 12, 2016, he wrote
again elaborating on the difficulties he was experiencing and
explaining that he had not been seen for sick call treatment
as required under Administrative Directives 8.1(6)A, 8.1(3)A.
Id. On or about October 4, 2016, he received a
notification that he was scheduled to see a doctor three days
later. Id. ¶ 11. The notification was signed by
A. Walter. Id. Green was not seen three days later,
but was subsequently transferred to Osborn on October 21,
transferred, on October 23, 2016, Green wrote to medical via
an inmate request, requesting that the removal of veins
because the hemorrhoids were causing a great deal of burning,
bleeding and restriction of his bowel movements. Doc. 6
¶ 12. On October 31, 2016, he was returned his inmate
request, and on November 7, 2016, he filed an administrative
health services review. Id. ¶ 13. On December 1,
2016, he was called to medical where Dr. Wright saw him.
Id. ¶ 14. During his consultation, Green
explained in detail the symptoms that he had been experienced
over about 18 months. Id. Dr. Wright then examined
Green's rectum and did not find any hemorrhoids but did
observe blood. Id. Dr. Wright prescribed to Green a
stool softener, suppositories and cortisone cream.
Id. Dr. Wright also submitted Green to a review
committee to be determined if he should be tested for colon
about December 9, 2016, Green's health services review
was returned with the disposition "Change DX/TX"
and he exhausted his administrative health services review.
Doc. 6 ¶ 15. Between December 1, 2016 and February 6,
2017, Green was approved by the review committee to have
testing done with Dr. Giles at the UCONN Health Center on
February 7, 2017. Id. ¶ 16. During the
consultation it was determined that he did not have colon
rectal cancer, but that Green, in addition to suffering from
moderate size hemorrhoids had anal tissue which had healed
with gradation tissue and would not actually heal without a
resection procedure and would continue to bleed until then.
Id. On or about March 15, 2017, Green was
transferred to UCONN Health Center for the resection
procedure. Id. ¶ 17. He also had his internal
hemorrhoid ban ligated. Id. Sometime in the middle
of May, Green again began experiencing sharp pain from his
rectum in addition to bleeding. Id.
alleges that Defendants Shaw and Auguste acted with
deliberate indifference to his safety and violated his Eighth
Amendment right to be free from cruel and unusual punishment
by failing to provide reasonable medical care in response to
a serious medical need. Doc. 6 ¶ 20. Green also asserts
that Defendants violated his due process rights by not
allowing him to be seen by a doctor and denying him the
proper medical treatment, thus, causing him significant pain
and suffering over about 21 months. Id. ¶ 23.
Finally, Green alleges that he was denied "Equal
Treatment" by Defendants because they interfered with
his medical care and were not qualified to diagnose him.
Id. ¶ 25. He asserts that he should have been
provided access to a specialist. Id. Green seeks a
declaration that the acts and omissions described violate the
Constitution, compensatory and punitive damages, attorney
fees, and costs. Id. at 6.
Court will assess each of Green's three claims to
determine whether any claim “is frivolous, malicious,
or fails to state a claim upon which relief may be granted,
” or a claim that “seeks monetary relief from a
defendant who is immune from such relief.” 28 U.S.C.
§ 1915A(b)(1), (2). The Court will address each claim in