Davis v. McCready

283 F.Supp.3d 108

Carl DAVIS, Plaintiff,

v.Joseph MCCREADY, RPA, Defendant.

1:14–cv–6405–GHW

United States District Court, S.D. New York.

Signed October 22, 2017

Filed October 23, 2017

Carl Davis, Albion, NY, pro se.

Austa Starr Devlin, David Rosen, Heidell, Pittoni, Murphy & Bach, LLP, New York, NY, John Charles O'Brien, Jr., Heidell, Pittoni, Murphy & Bach, LLP, White Plains, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

GREGORY H. WOODS, District Judge:

Plaintiff Carl Davis was shot eight times in his chest, arms, back, and left leg. Two months later, he was incarcerated at Riker's Island for five days. While at Riker's Island, Mr. Davis received emergency medical care from Defendant Joseph McCready, RPA.¹ In the course of Mr. Davis's emergency visit, he informed Defendant that he suffered from excruciating pain throughout his body, had trouble sleeping and breathing, and had trouble walking due to his gunshot wounds, which were still raw. Mr. Davis requested a variety of treatments, but Defendant provided him with only a cane.

Mr. Davis was later transferred to various other correctional centers. He developed increasingly severe injuries to his left foot, including ingrown toenails and a curling of his toes, both of which required surgical intervention. Mr. Davis filed this action pro se , alleging that he received constitutionally inadequate medical treatment while at Riker's Island. Defendant has moved to dismiss Plaintiff's third amended complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Because Mr. Davis plausibly alleges that Defendant's treatment of his leg and foot injury was deliberately indifferent to his serious medical needs, Defendant's motion is DENIED to the extent that it is based on Mr. Davis's leg and foot condition. Defendant's motion is GRANTED, however, as to all other aspects of Mr. Davis's claim.

I. BACKGROUND²

In October 2012, Mr. Davis was shot on the left side of his body and was in "a coma like state" for four months. ECF No. 144, Third Am. Compl. ("TAC"), ¶ 7. Eighteen months later, on April 17, 2014, Mr. Davis was shot eight times, in both of his arms, his lower back, chest, and left leg. TAC ¶ 8. As a result, Mr. Davis experienced "extreme pain in the legs, chest area and lower back." Id. He also suffered from "foot drop," asthma, and heart problems. Id.

Nearly two months later, on June 14, 2014, Mr. Davis entered the Robert N. Davoren Complex ("RNDC"), a jail on Riker's Island. TAC ¶ 6.³ The following day, Mr. Davis was taken to the RNDC's medical department for an emergency medical visit. TAC ¶ 9. He was seen by Defendant Joseph McCready, RPA. TAC ¶ 10. Mr. Davis explained to Defendant that he had extreme pain in his legs and back, foot drop, heart problems and associated chest pain, and breathing problems due to asthma and his gunshot wounds to the chest. Id. At that time, Mr. Davis's gunshot wounds were "still ‘raw,’ patched-up, and the ‘stitches’ clearly" were showing. Id. He had a surgical scar that extended from his chest to his lower abdomen, as well as scarring on his arms, lower back, and left leg. TAC ¶ 14. Mr. Davis "struggl[ed] to walk into" Defendant's office because of his foot drop. Id.

After being examined by Defendant, Mr. Davis requested pain medication for "excruciating pain" in his legs and lower back, a special therapeutic mattress for his back pain and sleeping disorder, a foot brace to stabilize his left foot, and a cane to help him walk and "take some of the weight off his left leg." TAC ¶¶ 11–12; ECF No. 152, Pl.'s Opp. to Def.'s Mot. to Dismiss ("Pl.'s Opp.") at 5.⁴ Defendant supplied Mr. Davis with a cane, but did not provide a brace to stabilize his foot drop, a therapeutic mattress, pain medication, or asthma medication. TAC ¶¶ 11, 13.⁵

On approximately June 20, 2014, Mr. Davis was transferred from the RNDC to the Brooklyn Detention Complex. TAC ¶ 17. Approximately three months later, in November 2014, Mr. Davis was transferred to the George Motchan Detention Center (GMDC) in East Elmurst, New York. TAC ¶ 19. While housed at the GMDC, Mr. Davis was not allowed the use of a cane. Id. One day, while being escorted to the medical department of the GMDC, Mr. Davis slipped on water that had leaked onto the floor, fell, and was taken away on a stretcher to the Elmhurst Hospital Prison Ward. Id. Mr. Davis alleges that it was Defendant's failure to prescribe a leg brace that partially contributed to his vulnerability to falling. Id.

Mr. Davis also alleges that prior to his transfer out of the RNDC, Defendant failed to properly record Defendant's "findings and medical recommendations" so that those findings would be available to medical staff who later treated Mr. Davis after he left the RNDC. TAC ¶¶ 17–18. This, as well as Defendant's failure to provide "adequate medical treatment," Mr. Davis alleges, led to the "degeneration" of his other body parts as he attempted to compensate for his foot drop. TAC ¶ 18, Pl.'s Opp. at 11. Specifically, his left toenails grew into the skin of his foot, "causing infection, pain and bleeding," and his left toes became curled under his foot. TAC ¶¶ 12, 18, 21. While Mr. Davis was housed at the GMDC, his left toenails were "finally" cut by the center's medical staff. TAC ¶ 18.

Mr. Davis was later transferred back to the RNDC. TAC ¶ 20. On September 20, 2015, while at the RNDC, Mr. Davis's stomach wound re-opened. Id. Mr. Davis informed the RNDC medical department, the "Draft Room S[ergeant]," and the "Draft Room Officer" of the reopened wound. Id. Mr. Davis was transferred by bus to the Ulster Correctional Facility, where photographs of his reopened wound were taken. Id.

Mr. Davis underwent toenail surgery in January 2017, while housed at the Orleans Correctional Facility. TAC ¶ 12; TAC Exhibit B.⁶ That month, a doctor at the Erie County Medical Center also prescribed an orthotic foot brace. TAC ¶ 21, TAC Exhibit C. The brace stabilizes Mr. Davis's left ankle and foot while he performs daily activities. TAC ¶ 21. Mr. Davis's toenails had to be cut again by medical staff in February 2017. TAC ¶ 18. He is currently scheduled for surgery to straighten his left toes. TAC ¶ 21. Mr. Davis also receives treatment with an "asthma pump." TAC ¶ 11.

Mr. Davis alleges that, as a result of Defendant's failure to properly treat and document his medical conditions, he continues to suffer from "mental anguish," emotional and psychological distress, and " ‘unnecessary and wanton infliction of pain’ throughout his body," specifically in his left leg and foot, lower back, and chest. TAC ¶ 15. He also alleges that his daily activities have been "significantly affected and filled with substantial pain." Id. Mr. Davis asserts that Defendant was fully apprised of his injuries, which were apparent with "just a casual view of" his body. Pl.'s Opp. at 12. Mr. Davis claims that Defendant "ignored [his] obvious grave risks, extreme pain and debilitating conditions" that "would be obvious to any medical practitioner." TAC ¶ 23.

Mr. Davis filed his initial complaint on August 5, 2014, bringing claims pursuant to 42 U.S.C. § 1983 against the RNDC "medical department" and "medical director." ECF No. 1. Following an order from the Court to identify the specific defendants in the proceeding, Mr. Davis filed a first amended complaint on March 6, 2015, alleging that a number of defendants, including Mr. McCready, had denied him adequate medical treatment. ECF No. 14. On February 22, 2016, the Court granted the defendants' motions to dismiss for failure to allege facts sufficient to state a claim for deliberate indifference to serious medical needs and granted Mr. Davis leave to replead. ECF No. 100.

Mr. Davis filed his second amended complaint on June 29, 2016. ECF No. 111. In his second amended complaint, Mr. Davis named only Mr. McCready as a defendant. Id. On February 15, 2017, the Court granted Defendant's motion to dismiss the second amended complaint for failure to state a claim and granted Mr. Davis leave to replead by March 14, 2017. ECF No. 141. After being granted an extension of time, Mr. Davis filed his third amended complaint on April 13, 2017, again alleging that Mr. McCready violated his constitutional rights by demonstrating deliberate indifference to his serious medical needs. ECF No. 144. Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on May 5, 2017. ECF No. 146. Mr. Davis submitted his opposition on June 2, 2017, and Defendant submitted a reply affirmation on June 20, 2017. ECF Nos. 152, 156.

II. LEGAL STANDARD

"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). To meet this plausibility standard, the plaintiff must "plead[ ] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.

When ruling on a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), the Court "must accept all allegations in the complaint as true and draw all inferences in the non-moving party's favor." LaFaro v. New York Cardiothoracic Grp., PLLC , 570 F.3d 471, 475 (2d Cir. 2009) (citation omitted). The Court, however, is not required to credit "mere conclusory statements" or "[t]hreadbare recitals of the elements of a cause of action." Iqbal , 556 U.S. at 678, 129 S.Ct. 1937. A complaint that offers "labels and conclusions" or "naked assertion[s]" without "further factual enhancement" will not survive a motion to dismiss. Id. (alteration in original) (citing Twombly , 550 U.S. at 555, 557, 127 S.Ct. 1955 ).

Because he is proceeding pro se , the Court must liberally construe Plaintiff's submissions and interpret them "to...