United States District Court, D. Connecticut
INITIAL REVIEW ORDER
R. UNDERHILL UNITED STATES DISTRICT JUDGE.
Aviles (“Aviles”) is incarcerated at
Corrigan-Radgowski Correctional Institution
(“Corrigan-Radgowski”). He has filed a civil
rights action under 42 U.S.C. § 1983 and Title II of the
Americans with Disabilities Act (“ADA”), 42
U.S.C. § 12101, et seq., against Warden Nick
Rodriguez, Deputy Warden Derrick Molden, Captain Brian
Jackson, Captain/Unit Manager Gregorio Robles, Dr. Gerard G.
Gagne, Dr. Mark A. Frayne and Mental Health Social Worker
William J. Longo. For the reasons set forth below, the
complaint is dismissed in part.
Standard of Review
28 U.S.C. § 1915A, I must review prisoner civil
complaints and dismiss any portion of the 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. 28 U.S.C. §
1915A. Although detailed allegations are not required, the
complaint must include sufficient facts to afford the
defendants fair notice of the claims and grounds upon which
they are based and to demonstrate a plausible right to
relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544,
555-56 (2007). Conclusory allegations are not sufficient.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The
plaintiff must plead “enough facts to state a claim to
relief that is plausible on its face.”
Twombly, 550 U.S. at 570. Nevertheless, it is
well-established that “[p]ro se complaints
‘must be construed liberally and interpreted to raise
the strongest arguments that they suggest.'”
Sykes v. Bank of Am., 723 F.3d 399, 403 (2d Cir.
2013) (quoting Triestman v. Fed. Bureau of Prisons,
470 F.3d 471, 474 (2d Cir. 2006)); see also Tracy v.
Freshwater, 623 F.3d 90, 101-02 (2d Cir. 2010)
(discussing special rules of solicitude for pro se
to July 2018, Aviles had been housed at Northern Correctional
Institution (“Northern”) for months on both
administrative segregation status and special needs status.
See Compl. at 6-7 at ¶ 14. During that time,
Aviles suffered from borderline personality disorder and
anti-social personality disorder and did not receive
meaningful mental health care from Dr. Frayne, Dr. Gagne or
Social Worker Longo. See Id. Aviles often informed
Dr. Gagne and Social Worker Longo that his indefinite
confinement at Northern on both administrative segregation
status and special needs status caused him to feel depressed
and that he would try to hurt himself if he were not
transferred to general population. See Id. at 7
¶ 15. Neither Dr. Gagne, nor Social Worker Longo made
any attempts to facilitate Aviles's transfer to another
facility. See id.
weeks leading up to July 9, 2018, Aviles exhibited delusional
thoughts and/or behavior. See Id. at 7-8 ¶ 16.
He believed that correctional officers were putting
medication in his food and throwing rocks at the outside of
his cell window. See Id. He informed Drs. Gagne and
Frayne, Social Worker Longo, Captain Robles, Warden Rodriguez
and Deputy Warden Molden about his delusional
thoughts/observations. See Id. at 7-8 ¶¶
16, 18. The defendants did not send Aviles to Garner
Correctional Institution to be evaluated to determine whether
his confinement on both administrative segregation status and
special needs status was exacerbating his mental health
disorders. See Id. at ¶ 17.
8, 2018, Aviles cut his leg. See Id. at 7 ¶ 16.
On July 9, 2018, Aviles attempted to commit suicide because
of “family issues” and his long-term confinement
on administrative segregation status and special needs
status. See Id. at 7 ¶¶ 14, 16. He cut his
neck, wrist, chest and arms with a pen that he had flattened
and sharpened to a “razor's edge.” See
Id. at ¶ 16. In response to that attempt to harm
himself, Social Worker Longo ordered that Aviles be
transferred to the medical infirmary at Northern and placed
him in a cell on behavior observation status. See
Id. at 9 ¶ 19. In the infirmary, a nurse cleaned
Aviles's lacerations, applied an antibiotic ointment and
covered the lacerations with either steri-strips or bandages.
See Id. at ¶ 25. An officer strip-searched
Aviles prior to placing him in the behavior observation cell.
See Id. at 9 ¶ 19. Prison officials prepared a
report documenting the incident. See Id. at 28-38
(Copy of Incident Report - NCI 2018-07-005).
evening, Aviles still felt suicidal and extremely anxious and
threatened to harm himself. See Id. ¶ 20.
Mental health officials consulted with a nurse from Carl
Robinson Correction Institution regarding Aviles's
condition and the nurse ordered that Aviles receive a dose of
Benadryl and an injection of Thorazine. See id.
10, 2018, Aviles noticed a piece of metal on the floor next
to the toilet in his cell in the infirmary. See Id.
at ¶ 21. The piece of metal was a broken razor blade.
See Id. Aviles used the broken razor to cut himself.
See Id. at 10 at ¶ 22. A nurse treated Aviles
for two lacerations. See Id. Prison officials
prepared a report documenting the incident. See Id.
at ¶¶ 65-67, 69-71 (Copy of Incident Report - NCI
officials issued Aviles a disciplinary report associated with
his attempt to harm himself on July 9, 2018, and another
disciplinary report associated with his attempt to harm
himself on July 10, 2018. See Id. at ¶ 24.
Social Worker Longo dismissed the first report and Deputy
Warden Molden dismissed the second disciplinary report.
prison officials released Aviles from the medical infirmary
and returned him to his housing unit, he began to file
multiple grievances regarding the two incidents in which he
attempted to harm himself. See Id. at 11-14
¶¶ 25-31. The plaintiff also sent written requests
to Captain Jackson to preserve video footage of the incident
that had occurred on July 9, 2018 and the incident that had
occurred on July 10, 2018. See Id. at 14 ¶ 32.
When Aviles spoke to Captain Jackson about the videotape
preservation requests, he denied having received the requests
and directed Aviles to re-submit the requests. See
Id. On October 10, 2018, Aviles filed a grievance
regarding the video preservation requests. See Id.
Warden Rodriguez denied the grievance on the ground that
Aviles had not submitted any requests to preserve the video
footage to the incidents that had occurred on July 9, 2018
and July 10, 2018. See Id. at 14-15 ¶ 33.
asserts claims under 42 U.S.C. § 1983 that the
defendants were deliberately indifferent to his safety and
mental health needs in violation of the Eighth Amendment and
a claim that the defendants violated his rights under the
ADA. Aviles sues the defendants in both their individual and
official capacities. He seeks declaratory and injunctive
relief from the defendants in their official capacities and
monetary damages from the defendants in their individual