Stevenson v. Cnty. Sheriff's Office of Monmouth

ANTHONY E. STEVENSON, Plaintiff, v. THE COUNTY SHERIFF'S OFFICE OF MONMOUTH, et al., Defendants.

Civil Action No. 13-5953 (MAS)

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

February 5, 2015

NOT FOR PUBLICATION

OPINION

APPEARANCES:

ANTHONY E. STEVENSON, Plaintiff prose

Monmouth County Correctional Institution

One Waterworks Road

Freehold, New Jersey 07728

SHIPP, District Judge

Plaintiff, Anthony E. Stevenson, a state inmate confined at the Monmouth County Correctional Institution in Freehold, New Jersey, at the time he filed this Complaint, seeks to bring this action in forma pauperis. Based on his affidavit of indigence and prison account statement, the Court will grant Plaintiff's application to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a) and order the Clerk of the Court to file the Complaint accordingly.

At this time, the Court must review the Complaint, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, 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 should be allowed to proceed against the two Defendant Sheriff Officers, Leonard Maxfield and D. Herrmann, as to the claim asserting unreasonable use of force. All other claims and Defendants shall be dismissed at this time.

I. BACKGROUND

Plaintiff, Anthony E. Stevenson ("Plaintiff"), brings this action pursuant to 42 U.S.C. § 1983, alleging violations of his Fourth, Fifth, Eighth and Fourteenth Amendment rights. Plaintiff names the following numerous Defendants in this matter: the County Sheriff's Office of Monmouth; Sheriff Shawn Golden; Sergeant Vincent Giglio; Sheriff Officers Leonard Maxfield, D. Herrmann, K. O'Neill and R. Fuller; the County Jail of Monmouth; Warden Barry Nadrowski; Captain Shawn Althouse; Sergeant Jack Hausman; Court Line Woman #1 and #2; Correct Care Solutions Medical Providers; Medical Director Dr. Hashman (later identified as Dr. Hashmi, see ECF Nos. 3, 4); Nurse Practitioner "C.J."; the Monmouth County E.M.T. Response Service; and E.M.T. Technician #1 and #2, later identified as Drew Lumbar and Shawn Sprance (see ECF No. 2). (ECF No. 1, Complaint at Caption, ¶¶ 3-6.)

Plaintiff alleges that, on July 30, 2013, he was transported to the Monmouth County Court House by the Monmouth County Sheriff's Office, where he was placed in a holding cell in handcuffs. As the Sheriff Officers began to remove the handcuffs from all of the prisoners. Officer Fuller asked Plaintiff if he was the same person who Fuller had argued with a month earlier. Plaintiff responded yes, and Fuller asked if there would be any further problems, to which Plaintiff answered no. Sgt. Giglio then said to Plaintiff, "So you're not going to be the tough wise ass today, huh?" "So we don't have to put you in one of the isolation cells?" Again,Plaintiff answered no, and put his hands up, saying "you win I want no problems." (Id., ¶¶14-18.) Plaintiff further remarked to Giglio, "Plaintiff give you my Scouts honor [sic] you will have no problem out of the Plaintiff." Plaintiff then saluted Giglio twice. (Id. at ¶ 19.)

Plaintiff also alleges that Officer O'Neill reacted to Plaintiff's conduct by telling him he was a "wise guy" and threatening him with the isolation cell. The Sheriff Officers then placed Plaintiff in an isolation cell, and taunted him by calling him "obscene" names, to which Plaintiff responded in kind. (Id., ¶¶ 20, 21.)

Plaintiff next alleges that, when it was time for him to go to the Courtroom for Child Support, Officer Fuller put Plaintiff in shackles and handcuffs, and made the shackles so tight that Plaintiff could not walk. Each step taken by Plaintiff cut into Plaintiff's ankles. When Plaintiff complained to Defendants Herrmann and Maxfield, Maxfield asked Plaintiff if he was refusing to go to court. Herrmann and Maxfield exchanged words with Plaintiff, and then Herrmann grabbed the belt around Plaintiff's waist, which connected the handcuffs to the leg shackles, and flung Plaintiff to the floor and dragged him. Plaintiff banged his head on the lower part of the door frames when being dragged. Plaintiff also felt "excruciating pain in his [lower] back" and his "legs were numb." (Id., ¶¶ 22-30.)

Plaintiff notes that he had major surgery on his lower back in February 2011. (Id., ¶ 31.)

Plaintiff complained to the Sheriff Officers about the pain and numbness, but they continued to drag Plaintiff to the isolation cell where they left him lying on the floor still in handcuffs and shackles. Plaintiff alleges that Fuller, Giglio and Maxfield came to the cell every five to ten minutes to ask Plaintiff if he could get up on his own. Plaintiff asked for medical help, but the Officers accused Plaintiff of "faking" his injury and told Plaintiff that he would have to sit up before they would call for medical attention. Plaintiff told Maxfield that he couldnot sit up and that he was in excruciating pain and his legs were numb. Plaintiff remained shackled. (Id., ¶¶ 32-39.)

Giglio then came to Plaintiff's cell to tell Plaintiff that Giglio had reviewed the videotape of the incident, and that the video footage showed that Plaintiff fell down on his own. Giglio told Plaintiff that he would remain in the isolation cell until 4:30 p.m., until Plaintiff stopped faking his injury. (Id., ¶ 40.)

Plaintiff alleges that after five to ten minutes, O'Neill and Fischer returned to the isolation cell to remove Plaintiff's shackles and handcuffs because paramedics were coming. Defendant EMT Technician #1 took Plaintiff's blood pressure and asked about Plaintiff's injury. Plaintiff told him about the pain and his prior back surgery. EMT Technician #1 asked Plaintiff to sit up or move his legs, but Plaintiff could not do so without pain. The Technician then told Plaintiff that he would be transported to the hospital. At this point, however, Giglio allegedly intervened and told the Technician that Plaintiff could not go to the hospital because he had tried to escape from the hospital in the past while in Sheriff's custody. (Id., ¶¶ 41-47.)

Plaintiff refuted Giglio's accusation, but the EMT Technician #1 allegedly deferred to the Sheriff Officer's decision. Giglio told the EMT Technician that Plaintiff would be treated by the medical staff at the jail. The Technician agreed to escort Plaintiff back to the jail in the Sheriff's transit van. Plaintiff alleges that the Sheriff Officers "manhandled" him while loading Plaintiff in and out of the van, throwing Plaintiff in the front row of the van while Plaintiff was in "enormous amounts of pain." (Id., ¶¶ 48-54.)

When Plaintiff arrived at the jail, the medical staff had a gurney and flat board to move Plaintiff from the van. Plaintiff alleges that a male nurse tried to force the flat board under Plaintiff despite resistance due to the belt around Plaintiff's waist attached to his handcuffs.Plaintiff further alleges that the male nurse shoved the board back and forth causing Plaintiff "unbearable and indescribable amounts of pain." (Id., ¶¶ 55-56.)

Plaintiff next alleges that Giglio taunted Plaintiff, saying that Plaintiff can't sue because Plaintiff fell down on his own. Giglio also allegedly told the medical staff "no hospital." (Id., 57-58.) Plaintiff was examined by Dr. Hashmi, who ordered that Plaintiff be given a "shot of a painkiller" and be placed in the infirmary. (Id. at ¶ 59.)

On July 31, 2013, Plaintiff's defense counsel wrote to Monmouth County Jail Warden Barry Nadrowski, requesting that Plaintiff be sent to the hospital for treatment of his back injury. That same day, Defendant Male Nurse "C.J." examined Plaintiff and gave Plaintiff a walker. Plaintiff alleges that Nurse C.J. told Plaintiff he was "faking." Nurse C.J. also told Plaintiff that decisions regarding x-rays, MRIs and a back specialist are made by Dr. Hashmi. (Id., ¶¶ 60-63.)

On July 31, 2013, Plaintiff's defense attorney and his fiancee came to visit Plaintiff. Plaintiff alleges that he could not leave the infirmary and no visits were permitted in the infirmary. (Id., ¶¶ 64, 65.)

On July 31, 2013, Plaintiff received notice of two disciplinary charges filed by Giglio, charging Plaintiff with Conduct which Disrupts and Using Abusive Language. Plaintiff alleges that he received notice of the charges more than 24 hours after the charges were written. He alleges that the charges had to be "thrown out." (Id., ¶¶ 66-68.)

On August 1, 2013, Plaintiff alleges that he was made to "self-get up and use the walker," despite numbness in his legs. Dr. Hashmi also came to the infirmary and told Plaintiff that he would be released because he had a court hearing on August 2, 2013. When Plaintiff asked Dr. Hashmi about medical treatment, the doctor responded that he had not made any decisions yet.Plaintiff then was transferred from the infirmary to a detention tier on August 1, 2013. (Id., ¶¶ 69-73.)

On August 2, 2013, Plaintiff was escorted to court by Sheriff Officers O'Neill, Fischer and John and Jane Doe. The escort was video-taped. That same day, on his return to jail, Plaintiff was called to the Sergeants' Office at Monmouth County Jail, where Sgt. Hausman and Sgt. Halle were waiting for him. Plaintiff alleges that both Hausman and Halle insisted that Plaintiff "cop out" to 10 days for the incident that occurred at the Courthouse on July 30, 2013. Plaintiff refused and was told that he would be going to "J-pod today doing fifteen (15) days!"¹(Id., ¶¶ 75-78.)

Plaintiff returned to his cell to start packing when he was brought back to the Sergeant's Office for "Court line." Sgt. Hausman allegedly told Plaintiff he would give him another chance to take the 10 days or go straight to J-pod for 15 days. Two women were present for the court line procedure. They told Plaintiff that they had viewed the video-tape of the...