United States District Court, D. Connecticut
INITIAL REVIEW ORDER
A. Dooley United States District Judge
plaintiff, Christopher Sadowski (“Sadowski”),
currently resides in Hartford, Connecticut. He initiated this
action by filing a civil rights complaint against Judge
Richard Dyer, John Doe Prosecutor 1, John Doe Prosecutor 2,
John Doe Bail Commissioner, and multiple John and Jane Doe
defendants employed at various facilities within the
Department of Correction. On October 5, 2018, the Court
dismissed the claims against Judge Dyer with prejudice
pursuant to 28 U.S.C. § 1915A(b)(2) and dismissed the
claims against the remaining Doe defendants without prejudice
pursuant to 28 U.S.C. § 1915A(b)(1). See
Initial Review Order, ECF No. 8, at 18-19.
Court permitted Sadowski thirty days to file an amended
complaint as to any claims that were dismissed without
prejudice. See Id. at 19. The Court cautioned
Sadowski that if he sought to amend his complaint with regard
to any claims arising out of medical treatment, he must
include the dates on which requests for treatment were made,
to whom such requests were made, the dates of any responses
to those requests, the identity of the person responding and
date on which he was seen by a medical provider or underwent
medical tests or examinations. See Id. at 19-20.
November 2, 2018, Sadowski filed an amended complaint naming
Judge Richard Dyer, Nurse Linda Oeser, Nurse Ellen Durko,
Nurse John Doe from Hartford Correctional Center
(“Hartford Correctional”), Nurse Jane Doe from
Northern Correctional Institution (“Northern”),
Nurse Chris Doe Nurse from Walker Correctional Institution
(“Walker”), Nurse Jane Doe from Radgowski
Correctional Institution (“Radgowski”), Nurse
Jane Doe from Osborn Correctional Institution
(“Osborn”), Dr. Michael Clements, Dr. Carson
Wright, Dr. S. Johar Naqvi, Dr. Cary R. Freston and Dr. J.
Wright as defendants. For the reasons set forth below, the
amended complaint is dismissed in part.
to 28 U.S.C. § 1915A(b), 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.” Id. 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).
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 a 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) (internal quotation marks and citations omitted). A
complaint that includes only “‘labels and
conclusions,' ‘a formulaic recitation of the
elements of a cause of action' or ‘naked
assertion[s]' 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)).
Although courts still have an obligation to interpret
“a pro se complaint liberally, ” the
complaint must include sufficient factual allegations to meet
the standard of facial plausibility. See Harris v.
Mills, 572 F.3d 66, 72 (2d Cir. 2009) (citations
February 21, 2017, Judge Dyer signed a warrant for
Sadowski's arrest on a charge of criminal violation of a
protective order. See Am. Compl. at 12 ¶ 2
& at 25-26. Sadowski claims that he reviewed the arrest
warrant affidavit and it contains a statement that the
victim's father saw him at the victim's house.
See Id. Sadowski contends that the father's
statement contradicts the victim's statement. See
Id. ¶ 3
amended complaint includes many allegations regarding the
conduct of the victim described in the arrest warrant
affidavit and how she “manipulated [Sadowski] on a[n]
emotional level that didn't allow [him] to make rational
or logical decisions that landed [him in trouble.”
See Id. ¶¶ 4-9. He alleges that the victim
gave many contradictory and false statements to the police;
see Id. at 13 ¶¶ 10-11; and that on more
than one occasion, the victim was intoxicated when she made
statements to the police; see Id. ¶ 10.
his arrest pursuant to the warrant issued by Judge Dyer,
Sadowski attempted to explain to Judge Dyer that the victim
had manipulated him on an emotional level, but Judge Dyer
would not listen to him. See Id. ¶ 11. Sadowski
asserts that Judge Dyer was biased against him and treated
him “as if [he] were a monster.” See id.
Dyer set Sadowski's bond at $800, 000.00 for a
non-violent offense. See Id. ¶ 12. Sadowski
showed up at many court dates and was not a flight risk.
See Id. At some point, “the prosecutors threw
out the entire case.” See Id. ¶ 10.
held on bond, on July 21, 2017, State of Connecticut Judicial
Marshals placed Sadowski in a van in handcuffs to be
transported to Hartford Correctional. See Id. ¶
13. Sadowski sat sideways on a plastic bench in the back of
the van without a seatbelt. See Id. During the trip,
the driver had to make a sudden stop to avoid an accident
which caused other inmates in the van to slam into Sadowski.
See Id. Sadowski hit his head “extremely
hard” against the back divider in the van. See
Id. ¶ 14.
his arrival at Hartford Correctional, Sadowski informed both
the judicial marshals and facility correctional officers
about his head injury and they all laughed at him. See
Id. ¶ 15. After being processed for admission to
Hartford Correctional, Sadowski informed medical staff
members that he had injured his head and that he was
experiencing pain from the injury. See Id. at 14
¶ 16. The nurses stated that he could handle a bump on
his head. See Id. Sadowski questioned a nurse as to
whether there was a concussion protocol to be followed and
also requested to be seen by a physician. See Id. A
nurse instructed Sadowski to submit a written request to see
a physician. See id.
July 21, 2017 to July 25, 2017, Sadowski submitted multiple
written requests to the medical department for treatment for
the pain caused by his head injury. See Id. ¶
17. Sadowski thinks that he received one response to his
multiple requests. See Id. Medical staff members
dispensed Ibuprofen for pain but did not refer Sadowski for
an MRI or to see a specialist and did not follow concussion
protocol. See id.
25, 2017, prison officials at Hartford Correctional
transferred Sadowski to Northern. See Id. at ¶
29. Upon his arrival, Sadowski informed medical staff members
that he was experiencing severe pain from his head injury and
requested to be seen by a physician. See Id. Medical
staff members placed Sadowski on a list to be seen by a
physician. See Id. From July 26, 2017 to July 31,
2017, Sadowski submitted written requests to be seen by a
physician because he was experiencing pain from his head
injury, blood in his stool, dizziness, blurred vision and
ringing in his ears. See Id. at 15 ¶ 19.
31, 2017, Nurse Oeser saw Sadowski and dispensed
Acetaminophen for pain to be taken for three days. See
Id. & at 31. She informed Sadowski that he was on
the waiting list to see a physician and directed him to
notify the medical department if his symptoms did not
improve. See Id. at & 56.
August 3, 2017, Nurse Durko saw Sadowski. See Id.
¶ 20. During the visit, Sadowski informed Nurse Durko
that he had suffered an injury to his head, was experiencing
constant pain and needed to be seen by a physician. See
Id. Nurse Durko indicated that Sadowski was on a waiting
list to see a physician. See Id. In response to
Sadowski's question as to whether his head injury should
take priority over other inmates' medical issues, Nurse
Durko again informed him that he was on the waiting list to
see a physician. See Id. Nurse Durko dispensed
Ibuprofen for pain to be taken for three days. See
Id. & at 31.
August 4, 2017, Dr. Clements examined Sadowski in connection
with his complaint of a ringing in his right ear. See
Id. ¶ 21 & at 29. Sadowski informed Dr.
Clements that he had been in a van accident on July 21, 2017
and was experiencing headaches, shooting pain and right-sided
ringing in his ears. See Id. Dr. Clements diagnosed
Sadowski as suffering from mild, post-concussion syndrome.
See Id. He prescribed a medication to treat
Sadowski's concussion symptoms, referred Sadowski to a
mental health provider for treatment of his post-concussion
symptoms and recommended a follow-up visit to see a nurse in
the medical department in two weeks. See Id. at 29,
August 4, 2017 to August 22, 2017, Sadowski submitted written
requests to be seen by a specialist because he continued to
experience pain from his head injury. See Id. at 16
¶ 22. On August 22, 2017, Nurse Durko saw Sadowski.
See Id. During the visit, Sadowski informed Nurse
Durko that he was still experiencing pain from his head
injury and was also experiencing severe dizziness and blurred
vision. See Id. In addition, Sadowski complained
that the Ibuprofen that he had been taking was upsetting his
stomach and had caused blood in his stool. See Id.
at 60. Nurse Durko spoke with Dr. Carson Wright about
Sadowski's complaints. Dr. C. Wright prescribed Naproxen,
500 milligrams, to be taken for thirty days, for pain and
directed Nurse Durko to dispense Acetaminophen to Sadowski.
See Id. Dr. Wright also recommended that Sadowski be
placed on the sick call list to see a physician. See
Id. at 31, 60.
about August 31, 2017, prison officials at Northern
transferred Sadowski to Walker. See Id. at 30. At a
visit to the medical department on August 31, 2017, Sadowski
reported no pain or immediate health needs. See Id.
On September 7, 2017, Nurse Chris Doe saw Sadowski. See
Id. ¶ 23. During the visit, Sadowski informed Chris
Doe that he was experiencing severe pain from a head
injury/concussion that he had sustained on July 21, 2017.
See Id. Chris Doe placed Sadowski on a list to be
seen by a physician for multiple medical issues. See
Id. & at 52.
September 11, 2017, Dr. Naqvi saw Sadowski. See Id.
¶ 24. During the visit, Sadowski informed Dr. Naqvi that
he had been experiencing pain for months and had not been
seen by a specialist. See Id. Dr. Naqvi recommended
that Sadowski start on a medication called Elavil and that
Sadowski continue to take Naproxen. See Id. On
September 25, 2017, Dr. Naqvi saw Sadowski. See Id.
¶ 25. During the visit, Sadowski informed Dr. Naqvi that
he had gained a lot of weight and was experiencing mood
swings. See Id. Dr. Naqvi did not inform Sadowski of
the side effects of Elavil. See id.
October 11, 2017, Dr. Naqvi saw Sadowski. See Id.
¶ 26. During the visit, Sadowski informed Dr. Naqvi that
the Elavil had alleviated some of his pain, but the side
effects of the medication were “making [him] function
less.” See Id. Dr. Naqvi increased the dosage
of Elavil and suggested that Sadowski exercise. See
Id. ¶ 27. Sadowski indicated that it was difficult
to engage in a routine exercise program at Walker. See
Id. Dr. Naqvi did not refer Sadowski to a specialist.
See Id. He was more concerned about the length of
Sadowski's sentence. See Id. ¶ 28.
October 27, 2017, prison officials at Walker mistakenly
transferred Sadowski to Radgowski without his pain
medication. See Id. at 17 ¶ 29. On October 30,
2017, prison officials at Radgowski transferred Sadowski to
Osborn where his medical needs could be met. See id.
October 31, 2017, Sadowski informed medical staff members at
Osborn that he had suffered a head injury and needed to be
referred to a specialist. See Id. ¶ 31. Staff
members informed Sadowski that he had been placed on a list
to see a physician. See id.
January 6, 2018, Dr. Freston directed a nurse to dispense
Ibuprofen to Sadowski for pain. See Id. ¶ 32.
On January 9, 2018, Dr. J. Wright renewed Sadowski's
prescription for Elavil to treat his headaches. See
Id. ¶ 33 & at 34. Sadowski experienced side
effects from the Elavil. See id.
February 14, 2018, Nurse Gunther dispensed Ibuprofen to
Sadowski for pain. See Id. ¶ 34. On February
17, 2018, a nurse dispenses Acetaminophen and Ibuprofen to
Sadowski for pain. See Id. ¶ 35. Later that
day, Sadowski experienced a high fever because he had the
flu. See Id. at 18 ¶ 36. Dr. J. Wright
prescribed Tamiflu to be taken for five days. See
February 21, 2018, Sadowski had an allergic reaction to
Tamiflu and Dr. J. Wright prescribed Benadryl to treat his
symptoms. See Id. ¶ 37 & at 37. On February
22, 2018, Sadowski broke out in hives, his hands became
swollen and he experienced additional pain. See Id.
¶ 38. Medical staff members would not provide Sadowski
with an ice pack for his ...