Chapolini v. City of Philadelphia

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VINCENT CHAPOLINI, Plaintiff, v. CITY OF PHILADELPHIA; PHILADELPHIA DEPARTMENT OF PRISONS COMMISSIONER BLANCHE CARNEY; CORIZON HEALTH PERSONNEL; R.N. KEIADY; and DOCTOR STEVEN WILBRAHAM, individually and in their official capacities, Defendants.

Civil Action No. 22-284

United States District Court, E.D. Pennsylvania

March 17, 2022

MEMORANDUM OPINION

EDWARD G. SMITH, J.

The pro se plaintiff, who is currently a pretrial detainee at a Philadelphia correctional institution, has sought leave to proceed in forma pauperis in this civil rights action under 42 U.S.C. § 1983 in which he asserts constitutional claims against a nurse and doctor at a correctional institution, the City of Philadelphia, and the commissioner of the Philadelphia Prison System. The plaintiff asserts claims against all individual defendants in their official and individual capacities.

The plaintiff alleges that the nurse and doctor at the correctional facility were deliberately indifferent to his serious medical needs when they failed to properly treat an issue he was having with his “shattered heel.” He also alleges that the doctor delayed in the plaintiff getting surgery on his heel and also lost a CD containing images of his heel that was supposed to go to the plaintiff's surgeon prior to the surgery. Although the plaintiff ultimately had surgery on his heel, he claims that the surgeon essentially missed fixing certain issues with his foot because he did not have access to the CD with the images prior to the surgery.

In addition to these deliberate indifference claims, the plaintiff asserts that the City of Philadelphia and the commissioner of the prison system violated his constitutional rights due to the conditions at two of Philadelphia's correctional institutions. More specifically, he complains about the conditions at the correctional institutions caused by the COVID-19 pandemic, which included, inter alia, various lockdowns and other limitations on his freedom of movement and access to the law library. He also contends that measures taken at the prison caused him to contract COVID-19, and he now has long-term issues resulting from contracting the coronavirus. He further asserts that the conditions at his current place of confinement are unsanitary.

As discussed below, the court will grant the plaintiff leave to proceed in forma pauperis. As for the complaint, the court has screened the complaint pursuant to 28 U.S.C. § 1915(e)(2) and will (1) dismiss with prejudice any official capacity claims against the nurse and doctor, (2) dismiss without prejudice (a) claims against the city and the commissioner, (b) any claim relating to the failure to protect against COVID-19, and (c) a potential denial of medical care claim as it relates to COVID-19, and (3) allow his individual capacity claims against the nurse and doctor to proceed. The court will allow the plaintiff the opportunity to amend claims that the court dismisses without prejudice or proceed only on his claims against the nurse and doctor that have passed statutory screening.

I.ALLEGATIONS AND PROCEDURAL HISTORY

On January 20, 2022, the clerk of court docketed the following documents submitted by the pro se plaintiff, Vincent Chapolini (“Chapolini”): (1) an application for leave to proceed in forma pauperis (“IFP Application”); (2) a complaint; (3) a prisoner trust fund account statement; and (4) a motion to appoint counsel. See Doc. Nos. 1-4. In the complaint, which is largely handwritten on lined paper, Chapolini alleges that he is a pretrial detainee currently housed at the Philadelphia Industrial Correctional Center (“PICC”).^[1] See Compl. at ECF pp. 2, 11, 13 Doc. No. 2; see also Notice of Change of Address Doc. No. 6. Chapolini asserts claims under 42 U.S.C. § 1983 against the defendants, R.N. Keiady (“Nurse Keiady”) and Dr. Steven Wilbraham, for events that occurred during his detention at the Curran-Fromhold Correctional Facility (“CFCF”).^[2] See Compl. at ECF pp. 3-8. He also asserts claims against the City of Philadelphia (the “City”) and the Philadelphia Department of Prisons' Commissioner, Blanche Carney (“Commissioner Carney”) for alleged unconstitutional prison conditions at CFCF and PICC. Chapolini sues all defendants in their individual and official capacities. See Id. at ECF p. 1.

As indicated above, Chapolini alleges facts which appear to fall into two broad categories: (1) deliberate indifference to his serious medical need, a “shattered heel, ” see Id. at ECF pp. 3-8, Doc. No. 2; and (2) unconstitutional conditions of confinement at CFCF and PICC see Id. at ECF pp. 8-14.

A. Allegations of Deliberate Indifference Against Nurse Keiady and Dr. Wilbraham

On January 12, 2020, Chapolini was transported to the CFCF intake/quarantine unit, already suffering from a “shattered heel.” Id. at ECF p. 3. On January 18, 2020, he was rehoused at the chronic care unit due to his “severe injury and confinement to a wheelchair.” Id. Two days later, he woke at 12:45 a.m. to find that blood had soaked through the soft cast and bandages on his foot. See Id. Chapolini immediately contacted his block officer, who arrived and then transported Chapolini to the CFCF medical department. See Id. at ECF pp. 3-4.

While at the medical department, Nurse Keiady assessed the issue with Chapolini's foot and told him that “nothing was wrong and to return to his housing unit.” Id. at ECF p. 4. Despite verbally expressing the significant pain he was experiencing at that time, Chapolini did as he was told and returned to his housing unit. See id.

After being returned to his housing unit, Chapolini could not fall asleep due to the “extreme pain he was enduring.” Id. He then notified another block officer, who was already aware of the issue with Chapolini's foot, and this other officer sent Chapolini back to the medical department after seeing his “blood[-]soiled soft cast and bandages.” See Id. On this visit to the medical department, Dr. Wilbraham assessed the issue with Chapolini's foot. See Id. Dr. Wilbraham removed the soiled bandages but left the soiled soft cast on Chapolini's shattered heel. See Id. Dr. Wilbraham next wrapped the soiled soft cast with a fresh Ace bandage, and he ordered a lab technician to take bloodwork from Chapolini to “check for any systemic infections.” Id. at ECF pp. 4-5. Dr. Wilbraham then instructed Chapolini to return to his housing unit, which Chapolini did, despite complaining about his “extreme pain.” Id. at ECF p. 5.

On January 21, 2020, Dr. Wilbraham received Chapolini's lab test results, and he called Chapolini to the medical department to review those results with him. See Id. Dr. Wilbraham indicated to Chapolini that the lab results “revealed that [Chapolini's] untreated injury caused him to have a severe blood infection.” Id. Chapolini was then taken by ambulance to the Jefferson Aria Torresdale Hospital's emergency room for emergency treatment. See Id. at ECF p. 5 and Ex. B.

While at the emergency room, medical staff removed the top layer of skin on Chapolini's heel due to it being “covered with multiple large pus [sic] and blood[-]filled blister's [sic].” Id. Chapolini was admitted to the hospital, and medical staff conducted additional lab work on him. See Id. The lab work revealed that Chapolini had a “very severe infection, ” and the medical staff allegedly told him that “if he would [have] went a few more days [without treatment, ] he could've lost his entire foot or even succumbed [sic].” Id. at ECF p. 6. To address the infection, Chapolini received intravenous antibiotics. Id.

The following day, Chapolini was discharged from the hospital and returned to CFCF. See Id. He was also prescribed medication “to combat and cure his infection.” See id.

From January 23, 2020, until March 2, 2020, Chapolini submitted multiple sick call requests or emergency grievances relating to his foot. See Id. At some point seemingly during this period, Chapolini was sent to the Rothman Institute to see a bone surgeon, Dr. Daniel Fuchs. See Id. Dr. Fuchs ordered imaging of Chapolini's foot. See Id. at ECF p. 7. After the images were taken and placed on a CD, Chapolini requested Dr. Wilbraham to send the images to Dr. Fuchs. See id.

Dr. Wilbraham apparently did not send the images to Dr. Fuchs because he lost the CD. See Id. Dr. Fuchs apparently performed the surgery despite not having the CD with the images. See Id. Chapolini believes that Dr. Fuchs performed surgery on his foot, without first having the images to review, because “a continued delay in the surgery . . . would've resulted in total lost [sic] of function of [his] foot or even amputation of his foot.” Id. A day after the surgery, Chapolini was discharged from the hospital. See Id. at ECF p. 8.

Chapolini alleges that Dr. Wilbraham's failure to provide the images to Dr. Fuchs has permanently disabled him because Dr. Fuchs had “to rush into surgery virtually blind and not knowing what to expect.” Id. Chapolini believes that he now has less than 50% functionality in his right foot due to Nurse Keiady and Dr. Wilbraham's inaction in treating him. See Id. He also claims that multiple tendons and ligaments went unrepaired. See Id. He goes on to assert that Dr. Wilbraham knowingly delayed his surgery, which caused “permanent scarring from the infection.” Id. at ECF pp. 8, 16.

B. Allegations Regarding the Conditions of Chapolini's Confinement

In response to the onset of the COVID-19 pandemic in the United States, Commissioner Carney “instructed all of her subordinates to impose daily (23 hr. - 40 mins) lockdown(s)” on March 6, 2020. Id. at ECF p 7. Due to the lockdowns, Chapolini lost access to the law library, in-person visitation, adequate exercise out of his cell, laundry service, and cleaning...