Tiwaz v. Lowe
1:24-cv-00384
| D. Del. | Jun 27, 2025|
Check Treatment|
Docket
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AURORA T. KALIMA, )
Plaintiff,
Vv. Civil Action No. 24-384-GBW
DALE LOWE, et al,
Defendants.
MEMORANDUM ORDER
Plaintiff Aurora T. Kalima, who is currently housed at the Howard R. Young
Correctional Institution (HRYCI) in Wilmington, Delaware, filed a complaint pro
se and a motion to proceed in forma pauperis. (D.I. 1, 4.) The Court granted
Plaintiff leave to proceed in forma pauperis. (D.I. 6.) This case is subject to this
Court’s sua sponte review and dismissal upon a determination that the pleading is
frivolous or malicious, fails to state a claim, or seeks monetary relief from defendants
who are immune from such relief. See 28 U.S.C. § 1915A(b). At this early stage of
the case, this Court accepts the facts alleged in Plaintiff's pro se pleading as true,
draws all reasonable inferences in Plaintiff's favor, and asks only whether Plaintiff's
filing, liberally construed, contains facts sufficient to state a plausible claim.
See Shorter v. United States, 12 F.4th 366, 374 (3d Cir. 2021).
According to the complaint, Plaintiff is a transgender woman living with
post-traumatic stress disorder (PTSD), which she has effectively treated with
tetrahydrocannabinol (THC), but Plaintiff has been denied medical marijuana or
THC while in custody. (D.I. 1 at 3.) On unknown dates, at an unspecified location,
unspecified Delaware Department of Correction (DDOC) officers provided Plaintiff
with contraband THC in exchange for sex acts. (/d.) Additionally, on unknown
dates at an unknown location, Plaintiff's therapist, identified as Erin, told Plaintiff
that DDOC and its medical services provider do not offer treatment for
post-traumatic stress disorder (PTSD). Ud.) Plaintiff sought transfer to a women’s
facility that offered PTSD treatment, but the request was denied. (/d. at 3-4.) The
complaint faults Staff Lt. Dean J. Blades, Traci Coleman, Morgan B. Kapela, and
Dale Lowe for failing to provide Plaintiff with PTSD treatment. (/d. at 4-5.) The
complaint also faults Mike Records for his involvement in the grievance and appeals
process. (/d. at 5.) Based on the foregoing, Plaintiff seeks $250,000 in monetary
damages, coverage of legal fees and costs, and injunctive relief to prevent retaliation,
transfer Plaintiffto a women’s facility, treatment of Plaintiff's PTSD, and to provide
Plaintiff with THC. (/d. at 5.)
Upon review, the complaint fails to state a claim upon which relief may be
granted. Plaintiff will be afforded the opportunity to amend the complaint to remedy
the deficiencies discussed below. To bring a claim against DDOC officers for giving
Plaintiff contraband in exchange for sex acts, the officers must be named as
Defendants, and the facts alleged should at least include a location and timeframe or
approximate dates. The Court notes that Plaintiff has included sexual assault
allegations in other civil actions. Sex-based claims alleged in this action should only
be amended if they are not duplicative, as duplicative claims must be dismissed.
To bring a claim against Defendants Blades, Colemen, Erin, Kapela, and
Lowe for denying Plaintiff PTSD treatment, the facts alleged should include a
location and timeframe or approximate dates, and the specific, personal involvement
of each Defendant must be explained. If Plaintiff was merely denied medical
marijuana or THC and was receiving other forms of treatment for PTSD, Plaintiff
will not be able to state a claim on this basis. The Court affords considerable
deference to a provider’s medical judgment in treating an inmate’s medical
condition, see Inmates of Allegheny Cnty. Jail yv. Pierce, 612 F.2d 754, 762 (3d Cir. 1979), and mere disagreement regarding the appropriate course of treatment or medication does not violate the Eighth Amendment, see Monmouth Cty. Corr. Inst. v. Lanzaro,834 F.2d 326
, 346 (3d. Cir. 1987); White v. Napoleon,897 F.2d 103
, 110 Gd Cir. 1990).
Amendment appears futile for claims against Defendant Records arising from
involvement in the grievance and appeals process. “[A]bsent a reason to believe (or
actual knowledge) that prison doctors or their assistants are mistreating (or not
treating) a prisoner, a non-medical prison official . . . will not be chargeable with the
Eighth Amendment scienter requirement of deliberate indifference.” Spruill
Gillis, 372 F.3d 218, 236(3d Cir. 2004). Relatedly, when “a prison grievance examiner becomes aware of potential mistreatment, the Eighth Amendment does not require him or her to do more than review the prisoner’s complaints and verify with the medical officials that the prisoner was receiving treatment.” James v. Pennsylvania Dep’t of Corr.,230 F. App’x 195, 198
(3d Cir. 2007) (internal
quotation marks omitted) (internal alterations omitted).
AND NOW, this 27th day of June, based on the foregoing, IT IS HEREBY
ORDERED:
1. The complaint (D.I. 1) is DISMISSED without prejudice for failure
to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B) (ii).
2. Plaintiff is GRANTED leave to file an amended complaint no later than
July 29, 2025, in accordance with this Memorandum Order. Failure by Plaintiff to
file an amended complaint on or before July 29, 2025 may result in case closure.
The Honorable Gregory B. Williams _
United States District Judge