157 F. Supp. 3d 293
S.D.N.Y.2016Background
- Sharma, a Sing Sing prisoner, alleges dental treatment from 2003–2014 left him with a misaligned bite, chronic pain, inflamed tonsils/adenoids, and functional impairments after two Sing Sing dentists (Willim and Jacobson) performed grinding and extractions and allegedly over-shaved twelve teeth in 2012.
- Willim was Sharma’s assigned dentist at times; he performed adjustments, later acknowledged over-shaving by Jacobson, recommended reconstructive surgery and braces (outside DOCCS), and promised to seek a specialist referral but took limited further action.
- Jacobson, who succeeded Willim, allegedly shaved 12 teeth despite Sharma consenting to only two, worsening Sharma’s condition and creating new problems; Willim reportedly agreed Jacobson over-shaved.
- Other DOCCS dental administrators (Dawson, Viereckl-Prast) referred Sharma to an oral surgeon but did not pursue additional specialty referrals; various non-medical officials (Annucci, Fischer, Capra, Heath) and medical directors (Genovese, Gage) received letters/grievances and responded or forwarded complaints.
- Sharma asserts Eighth Amendment deliberate indifference under 42 U.S.C. § 1983; defendants moved to dismiss for failure to state a claim and lack of personal involvement.
- Court denied dismissal as to Willim and Jacobson (claims survive) and granted dismissal as to Dawson, Viereckl-Prast, Annucci, Fischer, Capra, Heath, Genovese, and Gage (claims dismissed).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether treatment amounted to Eighth Amendment deliberate indifference | Willim and Jacobson ignored/caused a substantial risk of serious harm by over-shaving, failing to obtain necessary specialist care, and aggravating condition | Defendants characterize allegations as medical malpractice or disagreement over care, not constitutional violation | Court: Allegations against Willim and Jacobson sufficiently plead deliberate indifference at pleading stage; survive dismissal |
| Whether referral/response by Dawson & Viereckl-Prast was constitutionally deficient | Plaintiff argues their failure to facilitate specialty prosthodontist care after referral shows indifference | Defendants contend they referred Sharma to an oral surgeon and are not obligated to make endless referrals | Court: Referrals to a specialist are appropriate treatment; claims against Dawson and Viereckl-Prast dismissed |
| Whether supervisory/non-medical officials are personally involved via letters/grievances | Sharma contends officials (Annucci, Fischer, Capra, Heath) acquiesced or failed to remedy after receiving complaints | Defendants argue mere receipt/forwarding of letters or supervisory position is insufficient for § 1983 liability | Court: Non-medical supervisors who forwarded or responded appropriately dismissed for lack of personal involvement |
| Whether Facility Health Directors (Genovese, Gage) are personally liable from grievances/supervision | Plaintiff contends they had duty to ensure specialist care as health directors | Defendants say receipt of letters alone and that they are physicians (not dentists) does not establish personal involvement | Court: Claims dismissed for failure to allege personal involvement |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard: factual plausibility required)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- Estelle v. Gamble, 429 U.S. 97 (1976) (Eighth Amendment deliberate indifference to serious medical needs)
- Farmer v. Brennan, 511 U.S. 825 (1994) (subjective deliberate indifference standard)
- Chance v. Armstrong, 143 F.3d 698 (2d Cir. 1998) (medical malpractice v. deliberate indifference distinction)
- Hill v. Curcione, 657 F.3d 116 (2d Cir. 2011) (objective seriousness of medical need)
- Blyden v. Mancusi, 186 F.3d 252 (2d Cir. 1999) (personal involvement requirement for § 1983)
- Hemmings v. Gorczyk, 134 F.3d 104 (2d Cir. 1998) (example of aggravation of condition supporting culpable state of mind)