140 F. Supp. 3d 248
W.D.N.Y.2015Background
- Plaintiff Dennis Nelson, a Five Points Correctional Facility inmate, sued DOCCS staff under 42 U.S.C. § 1983 alleging Eighth Amendment deliberate indifference for inadequate treatment of a long‑standing ulcer on his left leg (including MRSA and alleged osteomyelitis). He sought outside-hospital care, damages, and counsel.
- Medical records show frequent treatment offers (dressing changes, antibiotics), referrals to outside specialists, and documentation of Plaintiff’s repeated refusals/noncompliance with treatment. Nurse practitioners documented wound drainage but no tunneling/undermining and no imminent danger absent Plaintiff’s noncompliance.
- Plaintiff filed an initial complaint (May 2013), a supplement (Aug 2013), and a second supplement (Oct 2014) adding defendants and alleging additional mistreatment and withholding of records. Some grievances were filed, but the record shows incomplete or unresolved administrative appeals for claims in the second supplement.
- Defendants moved for summary judgment (in lieu of an answer) arguing lack of deliberate indifference and lack of personal involvement for some defendants; they also moved to dismiss the second supplement for failure to exhaust administrative remedies. Plaintiff opposed and submitted affidavits (including from an inmate observer).
- The court found the medical record contradicted Nelson’s deliberate‑indifference allegations, that certain defendants lacked personal involvement, and that claims in the second supplement were not exhausted and also failed on the merits. Summary judgment and dismissal were granted; IFP‑revocation and appointment‑of‑counsel motions were denied as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal involvement of defendant Casper | Casper was named as a defendant in the original complaint for failing to act | Casper lacked any alleged personal involvement in the conduct giving rise to § 1983 liability | Claims against Casper dismissed for failure to plead personal involvement |
| Deliberate medical indifference (original & 1st supplement) | Nelson alleges denial of adequate treatment, need for outside/hospital care, serious pain and risk of limb loss | Defendants show treatment provided, referrals made, and record of Nelson’s repeated refusals; no culpable state of mind | Summary judgment for defendants: no deliberate indifference (objective/subjective prongs not met) |
| Failure to provide medical records / denial of access to courts | Nurse Salotti refused to give medical records, denying access to courts and due process | Withholding records did not cause substantial harm; not a basis for Eighth Amendment claim | Claim dismissed: not a constitutional violation absent actual injury |
| Second supplemental complaint: exhaustion and merits | Nelson contends he grieved and appealed some claims and seeks trial to prove harm | Defendants assert administrative remedies not exhausted for the second supplement and, alternatively, the allegations fail to state deliberate indifference | Second supplement dismissed for failure to exhaust and for failure to state an Eighth Amendment claim (dismissal with prejudice due to merits) |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (summary judgment standard and viewing facts in light most favorable to nonmovant)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (summary judgment burden and nonmoving party’s obligation)
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (Eighth Amendment deliberate indifference to serious medical needs standard)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (subjective deliberate indifference requires knowledge of and disregard of excessive risk)
- Chance v. Armstrong, 143 F.3d 698 (2d Cir. 1998) (factors for objective seriousness and that disagreement over treatment is not an Eighth Amendment violation)
- Hill v. Curcione, 657 F.3d 116 (2d Cir. 2011) (medical malpractice vs. constitutional violation standard)
- Woodford v. Ngo, 548 U.S. 81 (U.S. 2006) (PLRA requires proper exhaustion of administrative remedies)