United States District Court, D. Connecticut
ORDER DISMISSING COMPLAINT PURSUANT TO 28 U.S.C.
JEFFREY ALKER MEYER, UNITED STATES DISTRICT JUDGE
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).
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.
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.
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.
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).
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.
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).
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).
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).
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).
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.