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Lexis v. Faucher

United States District Court, D. Connecticut

June 3, 2019

PATRICK LEXIS, Plaintiff,
v.
STEPHEN FAUCHER et al., Defendants.

          ORDER DISMISSING COMPLAINT PURSUANT TO 28 U.S.C. § 1915A

          JEFFREY ALKER MEYER, UNITED STATES DISTRICT JUDGE

         Plaintiff Patrick Lexis is a sentenced prisoner in the custody of the Connecticut Department of Correction. He has filed a civil rights complaint pursuant to 42 U.S.C. § 1983 alleging in principal part that prison officials were deliberately indifferent to his serious medical needs. After initial review, I conclude that Lexis has failed to allege plausible grounds for relief. Accordingly, I will dismiss the complaint without prejudice pursuant to § 1915A(b).

         Background

         Lexis is currently incarcerated at the Corrigan-Radgowski Correctional Center (Corrigan-Radgowski). Doc. #18. His complaint names the following ten defendants: Warden Stephen Faucher; Lieutenant Conger; Correctional Officers Nemeth, Milton, Sheffield, and Parade; and Nurses Laura, Frasier, Sarah, and Larisa Anisimov. Docs. #1 and #19.

         The following allegations are accepted as true solely for the purposes of the Court's initial review. On February 12, 2018, Lexis was confined in the restrictive housing unit (RHU) at Corrigan-Radgowski. See Doc. #1 at 6 (¶ 1). That morning, defendant Nemeth released Lexis from his cell to take a shower. Ibid. (¶ 2). When Lexis entered the shower area, he noticed that there were no lights, privacy curtains, or rubber mats on the floors in or around the shower stalls. Ibid. (¶ 3). Lexis asked Nemeth why there were no lights or curtains in the showers. Id. at 7 (¶ 5). Nemeth told Lexis that he had informed the Warden multiple times about the lack of curtains and lighting. Ibid.

         Lexis entered the shower wearing shower shoes that were falling apart. Id. at 6 (¶ 3). He dropped the soap several times because it was difficult to “place [his] soap in the soap dish” due to the lack of light in the shower. Id. at 7 (¶ 7). He was able to wash his body and face. Ibid. After Lexis had finished showering, Nemeth handcuffed his wrists and opened the gate to permit him to exit the shower. Ibid. (¶ 9). When Lexis attempted to step out of the shower shoes and into his “blue shoes, ” he slipped and fell on his back. Ibid. (¶ 10). He injured his back and ankle. Ibid. Nemeth grabbed his left arm to pull him up, but Lexis complained that he was in pain and asked Nemeth to call a nurse. Id. at 8 (¶¶ 11-12). In response to a medical code called by Nemeth, Nurses Laura and Frasier arrived in the shower area. Ibid. (¶ 13). Laura “was rude and sarcastic” toward Lexis and asked whether he “needed a wheelchair.” Ibid. She was distracted by comments made by occupants of surrounding cells even as Lexis indicated that he was experiencing back and ankle pain. Ibid.

         Lexis's left leg began to shake uncontrollably. Ibid. (¶ 16). Frasier touched Lexis's toes, and Lexis indicated that his toes hurt. Ibid. His back and ankle hurt when he tried to move. Ibid. (¶ 17). Frasier brought a stretcher to be used to transfer Lexis to the medical department. Id. at 9 (¶ 19). Officer Milton attempted to lift Lexis onto the stretcher, but Lexis stated that he wanted the nurses to lift him. Ibid. After the nurses placed him on the stretcher, he began to scream because of substantial pain in his back. Ibid. (¶ 20).

         When Lexis arrived at the medical unit, Nurse Anisimov indicated that she would be giving him an injection to treat his symptoms. Ibid. (¶ 21). Officers Sheffield and Doe held Lexis down while Anisimov injected “Teranol” into his left arm. Ibid. (¶ 22). He also received a medication called “Flexoral” to treat his painful back spasms. Ibid. (¶ 23). He fell asleep and did not wake up until 3:30 p.m. Ibid.

         When Sheffield toured the medical unit that afternoon, Lexis stated that he had not received lunch. Ibid. (¶ 24). Sheffield indicated that dinner would be served in an hour and that he would inform the next shift officer that Lexis wanted dinner. Ibid. (¶ 25).

         At 4:00 p.m., Lexis asked Frasier if he could call his mother and whether an officer could take photographs of the injury to his back. Ibid. (¶ 26). Frasier shook her head no and left the medical unit. Ibid. (¶ 27).

         At dinnertime, Sarah checked Lexis's back, took his vital signs and provided him with a container to urinate in. Id. at 10 (¶ 28). In examining Lexis, she observed a scrape on the left side of his back. Ibid. (¶ 29). Lexis indicated that he felt a burning sensation in that area. Id. Sarah refused to photograph the scrape and left the medical unit. Ibid. (¶ 30).

         On February 13, 2018, Parade refused to provide Lexis with breakfast. Ibid. (¶ 31). She stated that there was no documentation indicating that he could not walk. Ibid. Later that day, a medical supervisor cleared Lexis to return to the RHU, provided him with a bottom bunk pass for thirty days, and renewed the prescription for Flexoral to treat his painful back spasms. Ibid. (¶ 32). A week later, even though Lexis continued to complain about his back, a medical provider discontinued the prescription for Flexoral. Ibid. (¶ 33).

         Lexis has lost sleep every night since his accident and has experienced numbness, tingling, pain, high blood pressure, stress, and depression. Id. at 10 (¶¶ 34-35). He has undergone two x-rays since the accident and has been taking Motrin to treat his pain symptoms. Ibid. ...


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