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Slip Opinion
S.D.N.Y.
2019
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Background

  • Plaintiff Stephen Jacks, a New York state prisoner at Green Haven, alleges DOCCS officials and prison medical staff refused to prescribe him Lyrica for chronic neuropathic pain stemming from a 1992 bus accident.
  • Plaintiff had previously received Lyrica (1999–2017) with substantial pain relief; after transfer to Green Haven his Lyrica was stopped and he was prescribed alternative medications (Cymbalta, Meloxicam, Elavil) that he contends do not relieve his pain.
  • Plaintiff alleges a DOCCS-wide policy or moratorium on certain controlled substances and pain medications, communicated by medical staff, caused the denial of Lyrica.
  • He filed a pro se § 1983 complaint asserting an Eighth Amendment deliberate-indifference claim; defendants moved to dismiss under Rule 12(b)(6).
  • The Complaint and attachments show he continued to receive medical attention and alternative medications; he did not file opposition to the motion.
  • The Court dismissed the federal claim without prejudice for failure to plausibly allege deliberate indifference and declined supplemental jurisdiction over any state-law claims, permitting amendment within 30 days.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether denial of Lyrica states Eighth Amendment deliberate-indifference claim Jacks: stopping Lyrica and a moratorium caused serious, ongoing pain and emotional harm Defendants: Plaintiff received care and alternatives; allegations show disagreement over treatment, not subjective recklessness Court: Dismissed — plaintiff failed to plausibly allege subjective deliberate indifference
Whether alleged DOCCS policy establishes personal culpability of named officials Jacks: policy issued by Annucci and Koenigsmann caused the denial Defendants: no plausible allegations of personal involvement; care decisions were medical judgments Court: Did not reach personal-involvement analysis because Eighth Amendment claim failed
Whether failure to exhaust or qualified immunity bars suit Jacks: (not materially argued in opposition) Defendants: asserted failure to exhaust and qualified immunity Court: Declined to address these defenses given dismissal on merits
Whether state-law malpractice claims should proceed in federal court Jacks: alleged possible state-law claims Defendants: argued federal dismissal would warrant dismissal of state claims Court: declined supplemental jurisdiction and dismissed state claims without prejudice

Key Cases Cited

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for complaints)
  • Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard; courts draw on experience and common sense)
  • Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment deliberate indifference to serious medical needs)
  • Farmer v. Brennan, 511 U.S. 825 (subjective awareness and obvious risk can establish deliberate indifference)
  • Darnell v. Pineiro, 849 F.3d 17 (deliberate indifference analysis in prison medical context)
  • Spavone v. N.Y. State Dep’t of Corr. Servs., 719 F.3d 127 (elements of deliberate-indifference claim)
  • Salahuddin v. Goord, 467 F.3d 263 (distinguishing objective seriousness and subjective state of mind)
  • Chance v. Armstrong, 143 F.3d 698 (disagreement over treatment does not establish constitutional violation)
  • Hill v. Curcione, 657 F.3d 116 (preference for stronger medication alone insufficient for deliberate indifference)
  • Erickson v. Pardus, 551 U.S. 89 (pro se complaints to be construed liberally)
Read the full case

Case Details

Case Name: Jacks v. Annucci
Court Name: District Court, S.D. New York
Date Published: Jul 17, 2019
Citations: 2019 WL 3239256; 7:18-cv-03291
Docket Number: 7:18-cv-03291
Court Abbreviation: S.D.N.Y.
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