Osuch v. John

          INITIAL REVIEW ORDER

          Janet C. Hall, United States District Judge

         The plaintiff, David Osuch (“Osuch”), was confined at Osborn Correctional Institution (“Osborn”) when he filed his pro se complaint, pursuant to section 1983 of title 42 of the United States Code, against Casey St. John, MH-RN (“St. John”). On August 20, 2018, he filed a Notice of a Change of Address indicating that he now resides in Stamford, Connecticut.

         For the reasons set forth below, the Complaint is dismissed.

         I. Standard of Review

          Pursuant 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.” 28 U.S.C. § 1915A(b). This standard of review “appl[ies] to all civil complaints brought by prisoners against governmental officials or entities regardless of whether the prisoner has paid [a] filing fee.” Shakur v. Selsky, 391 F.3d 106, 112 (2d Cir. 2004) (citation omitted).

         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). Although 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). A complaint that includes only “labels and conclusions, a formulaic recitation of the elements of a cause of action or naked assertions 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) (alterations omitted)). Although courts 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).

         II. Facts

         Osuch alleges that, on January 29, 2018, prison officials at Osborn released him “on Mental Health [U]nit Parole with a Mental Health Parole officer to a work release Halfway [House] in Hartford [called Cheney House].” See Compl., (Doc. No. 1) ¶ 7. At the time of his discharge, Osuch suffered from post-traumatic stress disorder, bipolar disorder, major depression disorder, borderline personality disorder, paranoid personality disorder, and general anxiety disorder. Id. ¶ 8. During Osuch's confinement at Osborn, Dr. Lawlor had prescribed four medications to treat these disorders. See Id. ¶¶ 12-13. Osuch claims that he cannot function properly without the medications. Id.

         Under State of Connecticut Department of Correction Administrative Directive 8.1(6)(E), the Department of Correction and “the contracted health services provider shall designate a discharge planner for each [health services] unit whose sole responsibilities shall be implementing the discharge planning process.” See id. ¶ 10. Upon discharge from the Department of Correction, inmates “shall receive, at a minimum, a two-week supply of medication packaged in a tamper proof container.” Id. Administrative Directive 8.5(12)(C) similarly provides that “[a] psychiatrist or APRN with psychiatric certification shall order, no less than a 14 day supply of all prescribed psychotropic medication to accompany an inmate upon discharge, community supervision, [p]arole or furlough.” See id. ¶ 11.

         Osuch claims that St. John, who is a nurse at Osborn, is responsible for assuring that Level 3 inmates are discharged from the Department of Correction with their medications. See id. ¶ 9. On January 29, 2018, prison officials discharged Osuch without his mental health medications. See id. ¶ 8.

         Upon his release, Osuch went to Cheney House and requested his mental health medications. See id. ¶ 14. Staff at Cheney House staff informed Osuch that they had only been given medications to treat his medical conditions. See id. Osuch traveled to Hartford Hospital to speak to a doctor in an effort to get his medications. See id. ¶ 15. A physician issued him a prescription for his medications for three days. See id.

         Osuch then traveled to the Wheeler Treatment Clinic to speak to a doctor in an effort to get a prescription for his medications when the three-day prescriptions ran out. See id. ¶ 16. He met with a social worker who had treated him previously, and she assigned Osuch to a psychiatric nurse who had also treated him previously. See Id. ¶ 17. The earliest appointment available with the psychiatric nurse was on March 21, 2018. See id. ¶ 17. Osuch returned to the halfway house and informed the director, his case manager, his parole officer, and his parole officer's supervisor that he had been discharged without his mental health medications and that he needed the medications to function properly. See id. ¶ 18.

         On February 1, 2018, Osuch returned to Hartford Hospital to pick up medications. See id. ¶¶ 19-20. An emergency room doctor told Osuch that he must find another mental health provider to treat him until his appointment with the psychiatric nurse on March 21, 2018, because the hospital could not keep filling his prescriptions. See id. ¶ 20.

         On February 2, 2018, Osuch traveled to Charter Oak clinic. See id. ¶ 21. He met with Dr. Pillai, a physician who worked part-time at MacDougall Correctional Institution. See id. ¶ 22. On February 6, 2018, Osuch traveled to Hartford Hospital to pick up his medication. See id. ¶ 23. An emergency room doctor filled his prescription for one medication for three days and the other three medications for a week. See Id. ¶ 24. The physician told him that he must find another mental health provider ...