Rogers v. N.J. Dep't of Corr.

MARTIN LUTHER ROGERS, Plaintiff, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, et al., Defendants.

Civil Action No. 15-7005 (JBS-JS)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

January 12, 2016

HONORABLE JEROME B. SIMANDLE

OPINION

APPEARANCES:

Martin Luther Rogers, Plaintiff Pro Se

#405519 SBI# 473602B

Northern State Prison

168 Frontage Road

Newark, NJ 07114-2300

SIMANDLE, Chief Judge:

I. INTRODUCTION

Before the Court is Plaintiff Martin Luther Rogers' ("Plaintiff"), submission of a civil rights complaint pursuant to 42 U.S.C. § 1983; the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101, et seq.; and state tort law, all arising during his confinement at South Woods State Prison. At this time, the Court must review the complaint pursuant to 28 U.S.C. § 1915 to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune from such relief. For the reasons set forth below, the Court concludes that the complaint will be dismissed in part and permitted to go forward in part.

II. BACKGROUND

Plaintiff brings this civil rights action against Defendants New Jersey Department of Corrections ("DOC"), South Woods State Prison ("SWSP") Administrator Robert Buechele, Willie Bonds, Sergeant J. Cisrow, Sergeant Kuhlen, Officer Velez, Officer Castro, Officer Schemelia, Officer Waters, Officer Hunter, and Officer Ralph (collectively "DOC Defendants"), as well as Rutgers University Behavioral & Correctional Health Care ("RUCHC") and its employees Nurse Tsakiris, Nurse Simkins, Nurse Mills, Nurse Valentino, Nurse DiBartolo (collectively "Rutgers Defendants"). (Complaint ¶¶ 2-20). Plaintiff also names John and Jane Does 1-10, who "are employed by the NJDOC and RUCHC . . . ." (Complaint ¶ 20). The following factual allegations are taken from the complaint and are accepted for purposes of this screening only. The Court has made no findings as to the veracity of Plaintiff's allegations.

Plaintiff is a convicted and sentenced state prisoner currently confined at Northern State Prison. While he was incarcerated at SWSP in 2014, he was accepted into the Scholarship and Transformative Education in Prisons program ("STEP"). (Complaint ¶¶ 22-23). In early 2015, he wastransferred to a housing unit designated for STEP participants. (Id. ¶ 24). Plaintiff, who has a "back disorder," had previously been restricted to the ground floor of the prison, but the new cell was on the second floor. (Id. ¶ 24). He later found out that the restriction requiring him to be on the first floor had expired despite it being in place for several years prior to 2015. (Id. ¶ 24). Plaintiff states he lost access to the only handicapped-accessible shower in the building as other inmates reached the shower before he was able to climb down the stairs. (Id. ¶ 24).

On January 13, 2015, Plaintiff requested to have his "ground floor only" medical restriction renewed, and Nurse Tsakiris granted his request. (Id. ¶ 25). He thereafter asked Sergeant Cisrow and Officer Velez to move him back to the ground floor as they had been the officers who had moved him to the second floor. (Id. ¶ 26). They informed Plaintiff that changes would be made to accommodate each inmate "'once all the inmates were transferred'" to the STEP unit. (Id. ¶ 26). Plaintiff alleges that as a result of remaining on the second floor, "he could not shower regularly, participate in programs, recreation, and other activities because of the pain he experience in his leg and back when forced to travel the stairs." (Id. ¶ 26).

On January 16, 2015, another inmate assaulted Plaintiff in his cell during the evening mess movement. Plaintiff called forassistance from the officers; however, he sustained injuries to his face and arm before Officer Castro discovered Plaintiff in his cell. (Id. ¶¶ 27-28). Sergeant Kuhlen and Officer Doe 1 arrived later and ordered Plaintiff to his knees before handcuffing him and taking him to a holding cell. (Id. ¶ 28). Nurse Caudill evaluated Plaintiff's injuries and discovered a "superficial scrape" on Plaintiff's left wrist from the handcuffs. (Id. ¶ 28). After she left, Sergeant Kuhlen and Officer Doe 1 handcuffed Plaintiff again and "placed him in a tortuous position by suspending him in the air from his armpits while forcing him to kneel on his knees - causing pain - as shackles were placed on his ankles." (Id. ¶ 29). Plaintiff alleges he was left in the holding cells for hours in the restraints, "which caused additional pain and his hands to numb." (Id. ¶ 29). Plaintiff was placed in temporary close custody on the ground floor later that evening. (Id. ¶ 30). Another nurse visited Plaintiff a few days later and noted in his medical records that he "'takes Tylenol as needed for discomfort.'" (Id. ¶ 31).

Nurse Simkins visited Plaintiff on January 21, 2015. (Id. ¶ 32). After examining Plaintiff, he wrote in Plaintiff's chart that "patient 'says vision today is fine, feels well, has no jaw pains or face pains; mild dark [discoloration] under the left orbit from old bruising . . . .'" (Id. ¶ 32 (omission inoriginal)). Nurse Simkins indicated no further treatment was needed. (Id. ¶ 32). Plaintiff alleges that Nurse Simkins' statements were false, and that in fact he told the nurse that he had "excruciating" pain, and that his Tylenol and Robaxin¹ were not helping with the pain. (Id. ¶ 32).

Plaintiff was released from close custody and transferred to another housing facility in SWSP on January 27, 2015. (Id. ¶ 27). Officer Schemelia ordered Plaintiff to report to his assigned cell on the second floor. (Id. ¶ 33). When Plaintiff told Officer Schemelia that he was restricted to the ground floor, Officer Schemelia accused Plaintiff of lying and stated that he "did not 'see any medical restriction for [the] ground floor.'" (Id. ¶ 33). Plaintiff alleges his housing on the second floor of the new facility caused him pain and deprived him of access to the handicapped-accessible shower on the ground floor. (Id. ¶ 33).

The next morning, Officer Waters asked Plaintiff about his bruises in the presence of other officers and inmates. When Plaintiff told her that he had been assaulted, she "yell[ed] . . . 'You need to learn how to fight!'" (Id. ¶ 34). She transferredPlaintiff to the ground floor and placed him in a handicapped-accessible cell on January 29, 2015. (Id. ¶ 35). Plaintiff filed a grievance form regarding the assault and subsequent treatment by Sergeant Kuhlen and Officer Doe 1. (Id. ¶ 36). Officer Waters transferred Plaintiff to a different cell on the ground floor two days later and told him "'You can walk around naked in that cell if you want.'" (Id. ¶ 37). "She then smiled at Plaintiff and walked away." (Id. ¶ 37).

A nurse from Rutgers evaluated Plaintiff on February 1, 2015. (Id. ¶ 38). Plaintiff told her about his continuing pain in his head and back, the numbness in his hand, and that he had not received his cholesterol medication since "shortly after the incident." (Id. ¶ 38). The nurse ordered x-rays of Plaintiff's left orbit and frontal bone. (Id. ¶ 38). A few days later, Plaintiff spoke to Lieutenant Taylor about the assault and the possibility of rejoining the STEP program.² (Id. ¶ 39). Lieutenant Taylor told Plaintiff that STEP "would not be available to him at that time, and that [Plaintiff would remain on Phase II until further notice from the Supervisor of Education." (Id. ¶ 39).

Plaintiff filed a grievance against Officer Waters, claiming she had harassed him and "order[ed] him not to use the'book shelves' inside his assigned cell and to 'get rid of the books' and other 'property' because he had 'too much stuff.'" (Id. ¶ 40). Two days after he filed this grievance, Waters yelled at Plaintiff for using more than one cup even though inmates are permitted to have one cup of coffee and one cup of milk. (Id. ¶ 41). She allegedly told Plaintiff "that she would write a threatening charge against him if he decided to write a complaint against her." (Id. ¶ 41). Plaintiff submitted another grievance against her later that evening. (Id. ¶ 41). A few days later, Waters transferred Plaintiff to a different SWSP facility, which impacted Plaintiff's job assignment. (Id. ¶ 42). Plaintiff filed another grievance against her for retaliation. (Id. ¶ 43).

Plaintiff states that his filed grievances were either not returned to him, or were returned attached to "Redirection Forms." (Id. ¶ 44). He wrote to the Office of the Ombudsman and DOC claiming that the prison staff was retailing against him due to the grievances and another lawsuit pending in this district, Rogers v. McKishen, No. 13-3771 (D.N.J. filed June 19, 2013). The Ombudsman's office responded that Plaintiff's complaints had been referred to the Special Investigations Division ("SID") and the Administrator of SWSP for review and any appropriate action. (Id. ¶ 45). Plaintiff was moved a different cell on March 15, 2015. (Id. ¶ 46).

On March 26, 2015, another Rutgers nurse, Nurse Curtis, examined Plaintiff's head. (Id. ¶ 47). As there was a lump on Plaintiff's head and he was complaining about persistent headaches, she ordered a CT scan. (Id. ¶ 47). Plaintiff submitted an Inmate Inquiry form on April 11, 2015, about his head injury, and was moved to a different cell on April 30, 2015. (Id. ¶¶ 48-49).

Plaintiff fell inside his cell while moving his property on May 5, 2015. (Id. ¶ 50). He had been experiencing head and back pain at the time. (Id. ¶ 50). He submitted a medical service request form and was seen by Nurse Valentino the next day. (Id. ¶¶ 50-51). Nurse Valentino indicated she would "'flag the doctor,' but she also told Plaintiff to 'order pain pills from commissary.'" (Id. ¶ 51). Plaintiff went to the medication line on several occasions during the next couple of weeks and was told that his order for Tylenol had expired. His prescription for Robaxin had been renewed,...