Roundtree v. Jane Doe 1

“UNITED STATES DISTRICT COURT . . oe a ee SOUTHERN DISTRICT OF NEW YORK oe De . 8 “Plaintth wee a . oe □□ against 0 oy 22-CV-1697 (CS) a □ ORANGE COUNTY; DR. JOHN DOE; - cp ~ ORDER TO AMEND . oo NURSE JANE DOE #1; JANE DOE EE NURSE JANE DOE #3, 00 □□ ae “Defendants. ue oe CATHY SFIBEL, United States Distict Judge: ae oo oe □ □ ‘Plaintif Rashaun Roundtree, who is cure inearverated in Clinton Correctional “Pacility, filed this action pro se and in forma pauperis (IEP) regarding events oveurting in the □ Orange County Jail in August 2019, Named as Defendants are Orange County and five John and . Jane Does. The following fact are drawn from the amended complaint and attached medical □ records! oS : a a : 8 : □□ On August 15, 2019, Plaintiff went to the medical unit seeking treatment for a “spider bite swelling up in pain” in his leg (ECF 7 at 942, 5, The next day, Plaintiff went back to medical because his knee was “swelling more” and vias “very painful.” (Id 14) On August 18, □ 2019, Plaintiff retumed to medical, because the antibiotic he had been taking for 3 days wes not. □ ‘working, and anew antibiotic was prescribed. (ld 1 5.). Over the next several days, Plaintitt continued to complain of pain and swelling, and he informed the medical staff that the infection □ was “traveling” and that he was experiencing severe pain. Ud 4 8) A culture was performed, and □ on August 23, 201 9, a lab report revealed the presence of a Methicilli-resistant Staphylococcus □ ! Plaintiff filed an amended complaint on June $, 2022, in response to an order issued by □ Chief Judge Swain directing him to do so. (ECF 6, 1) 4 fee □□□ □ aureus (MRSA) infection, On August 26, 2019, Plaintiff told the medical staff that the ‘medication he was taking was causing stomach upset and dizziness, and at some point the lump onhis right knee swelled to “the size of a golf ball.” (Id. § 11) □□ oe Se Medical records attached to the complaint show the following: (1) on either August 15, □□ 2019, or August 16, 2019, Plaintiff was started on an antibiotic, Bactrim; (2) on Angust 17, 2019, the antibiotic was switched to Doxyeyeline @) on August 19, 2019, a culture of the wound was | □ taken, and another drug was added; (4) on August 21, 2019, the dosage was increased, and wound care was provided; (5) on August 23, 201 9,a laboratory report revealed the presence of MRSA; (6) on August 25, 2019, there was another dosage change; and (7) on August 26, 2019, □ Plaintiff was geen by a doctor and counseled about side effects from the antibiotic he had just. started. (Id. at 17-19, a □ □□ a □□ Plaintiff claims that MRSA is resistant to “certain antibiotics such as methicillin, □ □ oxacillin, penicillin, and amoxicillin.” (Id 12.) Plaintiff further asserts that his leg or knee should have been “drained,” that the “antibiotic choice for a patient infected with MRSA is □ vancomycin, which the defendants knew or should have known,” and that the mediations prescribed to him aggravated his condition and put “his life in grave danger.” (id. ¥ 13.) Plaintiff money damages. oe * The nom-paragraph references are to the page numbers on the Court’s Electronic Case Filing system. es A Deliberate indifference | Oe . □ : □ The Court construes Plaintiff s allegations as a deliberate indifference claim under the . □□□□ Bighth or Fourteenth Amendments of the United States Constitution. To state a deliberate □□ indifference claim, a plaintiff must allege that a correction official was deliberately indifferent to a substantial risk of serious harm to him. See Farmer. Brennan, 511 US. 825, 834 (1994): □ Helling v. McKinney, 509 U.S. 25, 32 (1993); Darnell v. Pineiro, 849 F.3d 17, 29 (2d Cir, 2017). □□ A convicted prisoner must show that a correction official “kn few] of and disrogard[ed] an excessive risk to inmate health or safety; the official must both [have been] aware of facts from_ □ which the inference could [have been] drawn that a substantial risk of serious harm exists, and he must [haye] also arawin} the inference,” Farmer, Sil US. at 837. A prettal detainee must show. that “that the defendant-official acted intentionally to impose the alleged condition, or recklessly, failed to act with reasonable care to mitigate the risk that the condition posed to the pretrial - □□ detainee even though the defendant-official knew, 0 should have known, that the condition - □ □ posed an excessive risk to health ot safety.” Darnell, 849 F.3d at 35.

Because it appears that Plaintiff was a pretrial detainee on the date of incident, the more generous standard applies. Eyen under this standard, however, for the reasons stated below, □ Plaintiff fails to state a claim. 28 U.S.C. § 1915(@)(2)(B)Gi). □□ To state a § 1983 claim for inadequate medical care under the Eighth Amendment or the Process Clause of the Fourteenth Amendment, a plaintiff must allege facts showing that □ : If Plaintiff was a pretrial detainee during the events that ate the basis of his claims, his claims arise under the Due Process Clause of the Fourteenth Amendment; ifhe wasaconvicted prisoner, such claims arise under the Cruel and Unusual Punishment Clause of the Eighth Amendment. See Bell v. Wolfish, 441 U.S. 520, 536 n.16 (1979); Weyant v. Okst, 101 F.3d 845, (2d Cir. 1996), □□ oo correction officials were deliberately indifferent to the plaintiff’s serious medical condition. See Estelle v. Gamble, 429 U.S. 97, 104-05 (1976), Caiozzo v. Koreman, 5 81 F3d 63, 69-72 (2d Cir. : is a me aes . : oe □□ Deliberate indifference to a prisoner's medical need is evaluated under a two-pronged test - comprised of both objective and subjective components. See Hill ¥, Curcione, 657 F.3d 116, 122 (2d Cir. 2011), The objective component of this standard requires that the alleged medical need bea “sufficiently serious” condition that “could result in further significant injury or the □ unnecessary and wanton infliction of pain.” Harrison v, Barkley, 219 F.3d 132, 136 (2d Cir. 2000) (quoting Chance ¥. Armstrong, 143 F.3d 698, 702 (2d Cir. 1998)); see also Hathaway ve Coughlin, 37 F3d 63, 66 (24 Cir, | 994) (noting that standard contemplates “a condition of urgency, one that may produce death, degeneration, or extreme pain”), □ “Severe infections that cause chronie pain or substantial risk of injury may constitute a . sufficiently serious condition 50 as to vive rise to an Eighth Amendment claim where inadequate □□ medical treatment is also alleged.” Jahad Vv. Holder, No. 19-CV-4066, 2021 WL 3855445, at *6 □ (S.D.N.Y. Aug. 26, 2021); see, e.g., Smith v. Carpenter, 316 F3d 178, 186 (2d Cir. 2003) [T]he failure to provide treatment for an otherwise insignificant wound may violate the Eighth Amendment if the wound develops signs of infection, creating a substantial risk of injury inthe .

absence of appropriate medical treatment.”), But “[w]here, as is the case here, medical treatment □□ was only denied for a short period of time, the objective prong is nol typically satisfied.” Jahad. — 2021 WL 3855445, at *6. Indeed, “Plaintiff's argument that he was denied treatment for an □ infection in his [leg] is contradicted by his own pleadings and incorporated exhibits.” Id.; see Greene Vv. Pelkey, No. 96-CV-286, 2000 WL 341293, at *3 (D. Conn. Mar, 15, 2000) (“[T]here was never any substantial risk of serious harm to Plaintiff, as he was put on antibiotics each time the possibility of infection was present,”). Plaintiff thus fails to plausibly alloge the objective .

The subjective component requires a prisoner to show that the defendant officials acted with a “sufficiently culpable state of mind” in depriving him of adequate medical treatment.

Nielsen v. Rabin, 746 F.3d 58, 63 (24 Cir. 2014) (citing Salahuddin v Goord, 467 F.3d 263, 280 (2d Cir, 2006)). That is, a plaintiff must show that the defendants knew of and disregarded an. □□ excessive risk to the inmate’s health or safety by failing to take reasonable measures to avoid the harm. Caiozzo, 581 F.3d at 69. Under this standard, a challenge based on the inadvertent or negligent failure to provide adequate care does not raise a constitutional claim under either the.

Fourteenth Amendment or the Eighth Amendment See Evelle 429 US. at 106; Chance, 143 □□ F.3d at 703. “{S]imple negligence, even if it amounts to medical malpractice, does not establish 2 deliberate indifference.” Torres y, Alers, No, 04-CV-1127, 2005 WL 2372741, at *3 .D.N.Y. ‘Sept. 26, 2005) (citation omitted). Medical decisions rise to the level of deliberate indifference, □ “only when they are made contrary to accepted medical standards.” Harding v Kuhlmann, 588 □□ Supp. 1315, 1316 1.6 (SDNY. july 19, 1984) (citing Youngberg v Romeo, 457 US. 307, 323 (1982). □□□ The complaint and attachments show that Plaintiff repeatedly sought treatment between □ August 15, 2019, and August 26, 2019, and was promptly seen and treated each time, Plaintiff was prescribed one antibiotic, which was changed approximately three days later when it did □□□ : have the desired effect. Shortly thereafter, when a culture revealed that Plaintiff had MRSA, his □ medications were changed and the dosages adjusted, and Plaintiff received wound care and □ counseling about side effects. These facts do not give tise to an inference that medical staff acted. with deliberate indifference to Plaintiff's serious medical needs. Insofar as Plaintiff asserts that his leg should have been “drained,” or a different type of antibiotic prescribed, his disagreement with the treatment provided does not rise to the level of del iberate indifference. Chance, 143 □□□□ at 703. Plaintiff thus does not satisfy the subjective component because he does not allege that defendant acted with a state of mind akin to criminal recklessness and ignored a serious risk to his health, : oe a Late B. Claims against the named defendants 1. Orange County . Lo, oo When a plaintiff sues a municipality under § 1983, it is not enough for the plaintiff to allege that one of the municipality’s employees or agents engaged in some wrongdoing. The plaintiff must show that the municipality itself caused the violation of the plaintiff ’srights. See Connick y. Ti hompson, 131 S, Ct. 1350, 1359 (2011) (“A municipality or other local government _ may be liable under this section [1983] if the governmental body itself ‘subjects’ apersontoa = □ deprivation of rights or. ‘causes’ a person ‘to be subjected’ to such deprivation.”) (quoting Monell Dept of Soc. Servs. of Ci of New York, 436 U.S. 658, 692 (1978) Cash v. Cnty. of Erie, 654 □ F.3d 324, 333 (2d Cir. 2011). In other words, to state a § 1983 claim against a municipality, the plaintiff must allege facts showing (1) the existence of a municipal policy, custom, or practice, (2) that the policy, custom, or practice caused the violation of the plaintiff's constitutional □ tights. See Jones v, Town of East Haven, 691 F.3d 72, 80 (2d Cir. 2012); Bd. of Cnty. Comm'rs of _ Bryan Cnty, v. Brown, 520 U.S. 397, 403 (1997) (internal citations omitted). □ There are no facts in the amended complaint suggesting that a municipal policy, custom, or practice caused a violation of Plaintiff's constitutional rights, and thus Plaintiff has failed to a claim against Orange County. De . oo 2. Personal Involvement te. □ To state a claim under § 1983, a plaintiff must allege facts showing the defendants’ direct and personal involvement in the alleged constitutional deprivation, See Spavone v. N.Y State Corn Serv, 719 F.3d 127, 135 (2d Cit, 2013) (“It is well settled in this Circuit that personal involvement of defendants in the alleged constitutional deprivations isa prerequisite to. an award of damages under § 1983.”) (internal quotation marks omitted). A defendant may not □ be held liable under § 1983 solely because that defendant employs o: supervises a person who . □ violated the plaintiff ’s rights, See Ashcroft v. Iqbal, 556 US. 662, 676 (2009) (“Government □ Officials may not be held liable for the unconstitutional conduct of their subordinates undera theory of respondeat superior.”). Rather, “(to hold a state official liable under § 1983, a plaintiff □□□ : “must plead and prove the elements of the underlying constitutional violation directly against the official +2) Tangreti v. Bachmann, 983 F.3d 609, 620 ed Cir, 2020). □ FL : Plaintiff names only Doe defendants in the caption of the complaint, although he mentions individual medical staff members in the body of the complaint, To the extent Plaintiff _ seeks to hold individuals liable in this matter, he must name them in the caption of the complaint, © □ : and provide facts showing how each individual was personally involved in events resulting in violations of his constitutional rights. / □ LEAVETOAMEND District courts generally grant a pro se plainti leave to amend a complaint to cure its □□ defects, but leave to amend may be denied if the plaintiff has already been given an opportunity to amend but has failed to cure the complaint’s deficiencies. See Ruotolo v. City of New York, 514 □ 184, 191 (2d Cir. 2008); Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir, 1988). It is not clear. that the defects in Plaintiff’s amended complaint can be cured with further amendment. In light □□ of Plaintiff’s pro se status, however, the Court grants Plaintiff one final opportunity to amend his pleading should he wish to do so.

CONCLUSION Plaintiff is granted leave to file a second amended complaint that complies with the standards set forth above. Plaintiff must submit the second amended complaint to this Court’s Pro Se Intake Unit within sixty days of the date of this order, caption the document as a “Second Amended Complaint,” and label the document with docket number 22-CV-1697 (CS). A Second Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the action will be dismissed for failure to state a claim upon which relief may be granted.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: July 14, 2022 White Plains, New York A, k fe ?

CATHY SEIBEL United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Write the fullname ofeach plaintiff... □□ s.__,_ {include case number if one has been □□ assigned) oO .

50. SECOND AMENDED “against: □ COMPLAINT . _., (Prisoner) oe _ Do you want a jury trial? | ~OlYes □ Write the full name of each defendant. If you cannot fit the — - □□ names of all of the defendants in the space provided, please = □□ write “see attached” in the space above andattachan ©. □ additional sheet of paper with the fulllistofnames.The. ce names listed above must be identical to those containedin ..°- SectionIV. © . oo Satay oe a .

NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or fuil birth date; the full name of a person known to be a minor; or a complete financial account □ number. A filing may include only: the last four digits of a social security number; the year of □□ an individual’s birth; a minor’s initials; and the last four digits of a financial account number. - | See Federal Rule of Civil Procedure 5.2, © □ Rev. 5/20/16 I. LEGAL BASIS FOR CLAIM a, _ State below the federal legal basis for your claim, if known. This form is designed primarily for prisoners challenging the constitutionality of their conditions of confinement; those claims are often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or ina “Bivens” action (against federal defendants), we C1 Violation of my federal constitutional rights.) oo □ L] Other: oe oo □ Il. PLAINTIEFINFORMATION □□ Each plaintiff must provide the following information. Attach additional pages if necessary. □□ □ FirstName □ Middle Initial LastName Co □□ State any other names (or different forms of your name) you have ever used, including any name . □□ have used in previously filing alawsuit. © Prisoner ID # (if you have previously been in another agency’s custody, please specify each agency and the ID number {such as your DIN or NYSID) under which you were held) Current Place of Detention ee pe a □□ Institutional Address Be : . Lt County, City “State Zip Code □□ Ill. PRISONER STATUS ee, Indicate below.whether you are a prisoner or other confined person: - □ Pretrial detainee □ : De Civilly committed detainee Ce ( Immigration detainee ee oO Convicted and sentenced prisoner □ a ee □□□ Other: Page 2 IV. . DEFENDANTINFORMATION oe the best of your ability, provide thé following information for each defendant. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. □ _Make sure that the defendants listed below are identical to those listed in the caption. Attach -additional pages as necessary. = Se □□ Defendant 1: oo . First Name jtlastName =. Shield # □□ Current Job Title (or other identifying information) = ed, Current Work Address □□ County, City : oe State Zip Code □□ Defendant 2: eS wn .

FirstName . ©: LastName Shield □ □□□□ Current Job Title (or other Identifying information).

Current WorkAddress County, City State ZipCode Defendant 3: .

First Name ‘LastName. Shield# □□ Current Job Title (or other identifying information) □ Current Work Address. - Pt County, City oe : . oo ‘State Zip Code ‘Defendant 4: . . cae □ a □ FirstName © © Last Name Shield # □□ Current Job Title (or other identifying information) | a Current Work Address | Lo □□ County, City “State Zip Code Page 3 Vv. STATEMENT OF CLAIM Place(s) of occurrence: oe oe Date(s) of occurrence: Se oe a □ FACTS: — a, State here briefly the FACTS that support your case. Describe what happened, how you were □ harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach additional pages as necessary. □□ Page 4 If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required andreceived, □ Se State briefly what money damages or other relief you want the court to order. : Page 5 VIL PLAINTIFF’S CERTIFICATION AND WARNINGS signing below, I certify to the best of my knowledge, information, and belief that: (1) the _ complaint is not being presented for an improper purpose (such as to harass, cause unnecessary ==: delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have | □□ evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. © eS □□ I understand that if I file three or more cases while I am a prisoner that are dismissed as frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis statusin futurecases, I also understand that prisoners must exhaust administrative procedures before filing an action in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be dismissed if I have not exhausted administrative remedies as required. : I agree to provide the Clerk's Office with any changes to my address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case. □□□ me ee □ Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to. □□ proceed without prepayment of fees, each plaintiff must also submit an IFP application. □ □ Dated “Plaintiff's Signature - FirstName Middle Initial Last Name PrisonAddress its County, City □□ State. Zip Code Date on which | am delivering this complaint to prison authorities for mailing: .

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