United States District Court, D. Connecticut
INITIAL REVIEW ORDER PURSUANT TO 28 U.S.C. §
Jeffrey Alker Meyer United States District Judge.
Shawn Milner is a pre-trial detainee in the custody of the
Connecticut Department of Correction. He has filed a
complaint pro se and in forma pauperis
under 42 U.S.C. § 1983. After an initial review, the
Court concludes that the complaint should proceed in part and
be dismissed in part.
complaint is hand-written in very light script that is
difficult to read. It names seven defendants, Sharron
Laplante, Allison Black, Lieutenant Rivera, and Nurses Chris,
Joe, Michael, and Denise.
suffers from a seizure disorder. In April 2018, he was being
treated at Bristol Hospital for seizure complications. On
April 13, 2018, he was transferred from Bristol Hospital to
Hartford Correctional Center and housed in a single cell in
the segregation unit. Doc. #1-1 at 5 (¶¶ 10-11).
did not receive a disciplinary report to warrant confinement
in segregation. Ibid. (¶ 12). His concrete cell
contained metal objects which could injure him if he had a
seizure. Correctional staff toured the unit every fifteen
minutes, but Milner had no cellmate to summon medical
assistance if he suffered a seizure while correctional staff
were not there. Ibid. (¶ 13). During his time
in segregation, he was denied the three recreation periods
per day afforded to other inmates at Hartford Correctional
Center. Id. at 5-6 (¶ 14).
evening of April 13, 2018, Milner told Nurse Diane that he
was at risk of injury from seizure activity while housed
alone. He also told her that he was not receiving
the proper dose of anti-seizure medication and was not
receiving his pain and anxiety medication. Nurse Diane stated
that she could do nothing. Id. at 6 (¶ 15).
Milner reported the medication issues to every nurse that
distributed medication between April 13, 2018, and May 21,
2018, the day he drafted this complaint. All nurses stated
they could not help him. His medication history is recorded
in correctional medical records. All medical staff have
access to this information. Id. at 6 (¶ 16),
wrote to Dr. Laplante several times informing her of the
medication issues and complaining of severe head and back
pain. Dr. Laplante did not respond. Milner had not been seen
by a doctor since his arrival at Hartford Correctional
Center, even though the Bristol Hospital discharge
instructions recommended follow-up with a physician.
Id. at 7 (¶ 17). Milner also stopped Lt. Rivera
during a unit tour to complain about the medication issues
and lack of recreation. He asked to be transferred to general
population but Lt. Rivera said he could do nothing.
Ibid. (¶ 18).
April 17, 2018, Milner suffered a grand mal seizure. He
injured his face and back during the seizure. When he
regained consciousness, he notified medical staff, Lt.
Rivera, and Dr. Black. No. medical care was provided.
Ibid. (¶ 19).
April 28, 2018, Nurses Diane and Michael did not deliver
Milner his morning and evening anti-seizure medication.
Id. at 8 (¶¶ 21-23). At 10:00 p.m., he
began feeling lightheaded and dizzy and began to see spots.
His vision became blurry, and he had a metallic taste in his
mouth. These are all preliminary indicators of a seizure.
Nurse Chris was touring the housing unit. When Milner called
for help, Nurse Chris laughed at him and told him to sit on
his bunk. Milner lost consciousness and suffered a grand mal
seizure, injuring his face, neck, and back. Ibid.
(¶ 24). When he regained consciousness, he was
handcuffed on a stretcher. Id. at 9 (¶ 25).
suffering the seizure, Milner was given his anti-seizure
medication, although still not the correct dosage. Nurse Joe
could not tell him why he had been denied his medication all
day. Ibid. (¶ 26). When Milner asked whether he
was aware that missing medication could trigger seizures,
Nurse Joe became agitated and said that he would file a false
report stating that Milner had faked the seizure.
Ibid. (¶ 27). No. treatment was provided for
Milner's injuries. Instead, medical staff laughed at him.
Ibid. (¶ 28).
alleges that the nurses failed to follow Correctional Managed
Health Care protocol, which required an assessment of
injuries. No. one determined the severity of his seizure.
Id. at 10, (¶ 29). He was not examined by a
doctor or a neurologist. Ibid. (¶ 30). Nurse
Joe ordered that he be placed, naked and alone, in a cold
cell with no amenities or outside window. No. medical
treatment was provided. Ibid. (¶ 31). The next
morning, he was given clothes and told to return to his
housing unit. Id. at 11 (¶ 35).
filed this complaint on May 29, 2018. On July 5, 2018, he
moved for a temporary restraining order and preliminary
injunction. On November 26, 2018, he filed a notice of ...