United States District Court, D. Connecticut
INITIAL REVIEW ORDER
KARI
A. DOOLEY, UNITED STATES DISTRICT JUDGE
Preliminary
Statement
Plaintiff,
Jamal Small (“Small”), currently confined at
Willard-Cybulski Correctional Institution in Enfield,
Connecticut, filed this complaint pro se under 42
U.S.C. § 1983 challenging his medical care. The named
defendants are Dr. Michael Clements, Nurse Shannon T. Duncan,
Health Services Administrator Margo Griffin, Dr. Cary
Freston, and medical staff member Jane Doe. Small seeks
damages from the defendants in their individual and official
capacities. The complaint was received on October 18, 2018,
and Small's motion to proceed in forma pauperis
was granted on October 26, 2018.
Standard
of Review
Under
section 1915A of title 28 of the United States Code, the
Court must review prisoner civil complaints and dismiss any
portion of the complaint that is frivolous or malicious, that
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. 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
Tracy v. Freshwater, 623 F.3d 90, 101-02 (2d Cir. 2010)
(discussing special rules of solicitude for pro se
litigants). 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 and to demonstrate a right to relief.
Bell Atlantic v. Twombly, 550 U.S. 544, 555-56
(2007). Conclusory allegations are not sufficient.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
plaintiff must plead “enough facts to state a claim to
relief that is plausible on its face.”
Twombly, 550 U.S. at 570.
Allegations
On June
8, 2018, Small injured his left hand while playing basketball
with other inmates in the outdoor recreation yard at
Willard-Cybulski Correctional Institution. Small felt a bone
snap and experienced severe pain. He informed custody staff
and was permitted to go to the medical unit. Small's left
hand was swollen, and a severe deformity was visible on top
of his hand. The deformity indicated a closed fracture within
the hand.
At the
medical unit, Nurse Duncan looked at Small's hand and
gave him ice and an ace bandage. She did not have Small
transferred to another correctional facility or outside
hospital for emergency care. Nurse Duncan ordered Small to
return to his housing unit and to take Motrin for pain. Nurse
Duncan told him that his hand would be x-rayed on June 11,
2018.
Small's
hand was x-rayed on June 15, 2018. Small experienced pain for
one week with no medical intervention. During the week, Small
submitted several requests to the medical unit complaining of
pain and lack of treatment. Dr. Freston did not order that
Small be taken for emergency treatment on June 8, 2018, or
provide any medical care between June 8, 2018, and June 15,
2018.
The
x-ray showed “a nondisplaced oblique fracture through
the proximal diaphysis of the third metacarpal.” After
reviewing the x-ray on June 15, 2018, Dr. Clements ordered a
“flimsy brace.” Small considered the brace
inappropriate. Dr. Clements ordered a follow-up x-ray to be
taken in thirty days. Small never received the follow-up
x-ray. The break healed improperly. As a result, Small's
hand is permanently disfigured and causes him pain on a
regular basis.
Margo
Griffin is the Health Services Administrator at
Willard-Cybulski Correctional Institution. Her
responsibilities include the administrative overview of the
medical department and responding to administrative remedies
filed by inmates at the facility. Small filed a Health
Services Administrative Remedy on June 21, 2018. His
complaint was ignored. He did not meet with a doctor as
required under Department of Correction Administrative
Directive 8.9. In fact, he received no response to his
grievance until October 2, 2018.
Discussion
Small
alleges that Dr. Clements, Dr. Freston, and Nurse Duncan were
deliberately indifferent to his serious medical need. He also
alleges that Health Services Administrator Griffin did not
ensure that his administrative remedy was properly addressed.
Small alleges that the remedy was denied by “an unnamed
staff Administrative Remedy Coordinator.” ECF No. 1 at
3, ¶ 4. As there is no other reference to Jane Doe in
the allegations, the Court assumes that this unnamed person
is defendant Jane Doe.
Official
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