Sadowski v. Dyer

          INITIAL REVIEW ORDER

          Kari A. Dooley United States District Judge

         Preliminary Statement

         The 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.

         The 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.

         On 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.

         Standard of Review

         Pursuant 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).

         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 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 omitted).

         Allegations

         On 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

         The 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.

         After 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.

         Judge 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.

         While 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.

         Upon 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.

         From 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.

         On July 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.

         On July 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.

         On 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.

         On 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, 31.

         From 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.

         On or 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.

         On 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.

         On 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.

         On 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.

         On 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.

         On 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.

         On 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 id.

         On 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 ...