United States District Court, D. Connecticut
INITIAL REVIEW ORDER
A. BOLDEN, UNITED STATES DISTRICT JUDGE.
Eason, currently incarcerated at MacDougall-Walker
Correctional Institution (“MWCI”) in Suffield,
Connecticut, and proceeding pro se, sued Connecticut
Department of Correction (“DOC”) officials for
constitutional violations under 42 U.S.C. § 1983 in
their individual and official capacities: Nurse Kelly R.
Quinn, Nurse Henry Mushi, Nurse Mariam Grant, Dr. Omprakash
Pillai, Nursing Supervisor Tawanna Furtick, and Dr. Monica
Farinella (collectively “Defendants”). Complaint,
ECF No. 1. Mr. Eason alleges violations of his Eighth
Amendment protection against cruel and unusual punishment by
acting with deliberate indifference to his serious medical
needs, and seeks monetary, injunctive, and declaratory
relief. Id. at ¶¶ 19-22.
following reasons, the Court DISMISSES the
claims against Nurse Furtick.
FACTUAL AND PROCEDURAL BACKGROUND
April 5, 2018, while in the infirmary at MWCI, Mr. Eason
allegedly informed Nurse Quinn of itching all over his body.
Compl. ¶ 1. Mr. Eason had previously undergone knee
replacement surgery at the University of Connecticut
Hospital. Id. Nurse Quinn allegedly told Mr. Eason
that she was not going to call the facility doctor “for
some kind of itch that you are faking just to get some
attention from me.” Id. at ¶ 2. When
Nurse Quinn returned to work in the infirmary later than
evening, Mr. Eason allegedly told her that his itch was
worsening. Id. at ¶ 3. At that point, Nurse
Quinn allegedly began cursing at Mr. Eason and told him to
“stop it with the crying wolf, ” and allegedly
said that he would not receive any medication. Id.
at ¶ 4.
Eason allegedly later noticed that a rash was developing on
his right thigh and requested to be evaluated by another
staff member. Compl. ¶ 5. Nurse Mushi allegedly then
came to the infirmary and Mr. Eason allegedly explained to
him the nature of his medical issue. Id. However,
Nurse Mushi allegedly refused to look at his rash and told
him that he was not going to look at anything. Id.
that night, Nurse Grant allegedly came to the infirmary, and
Mr. Eason allegedly tried to explain to her his medical
issue. Compl. ¶ 6. Nurse Grant allegedly cut him off,
explained that she had been briefed about his complaints, and
told him not to “even try . . . with the fake
two hours, Mr. Eason allegedly was able to convince Nurse
Grant that he needed medical attention. Compl. ¶ 7.
Nurse Grant allegedly noticed the rash and called the
facility doctor who gave Mr. Eason medication to stop the
next morning, Mr. Eason allegedly had to seek medical
attention again because he was allegedly covered in the rash
from head to toe and was experiencing difficulty breathing
because his throat was swollen. Compl. ¶ 8. Dr. Pillai,
who was in charge of the infirmary, allegedly did not attempt
to find the cause of the rash. Id. at ¶ 9. Mr.
Eason also allegedly claims that he did not receive his pain
medication as part of his post-operative care treatment plan.
treatment plan allegedly ordered by Mr. Eason's surgeon
also provided for range of motion exercises to increase
flexibility in his knee. Compl. ¶ 10. However, when Dr.
Farinella discharged Mr. Eason from the infirmary, she
allegedly never completed a discharge plan which should have
included range of motion exercises. Id. at ¶
11. Mr. Eason allegedly filed a number of medical grievances
regarding his inability to receive range of motion exercises.
Id.at ¶¶ 12- 14. On April 26, 2018, he
allegedly was evaluated by Nurse Michaud, who informed him
that, once a prisoner is discharged from the infirmary, he
allegedly cannot return for range of motion exercises.
Id. at ¶ 15.
Administrative Directive 8.1(6)(L) provides that “[t]he
contracted health services provider and DOC shall provide
qualified therapists to provide physical therapy,
occupational therapy and rehabilitation therapy to inmates in
DOC facilities. Physical and occupational therapy shall be
limited to services that assist the inmate to achieve and
maintain self-care and improved functioning in activities of
daily living.” Id. at ¶ 16.
March 29, 2018, the day after his knee replacement surgery,
Dr. Pillai allegedly signed off on an order for Mr. Eason to
receive range of motion exercises. Id. at ¶ 17.
Mr. Eason, however, alleges that he never received this