United States District Court, D. Arizona
F. Metcalf, United States Magistrate Judge.
NATURE OF THE CASE
matter arises out of a complaint by Plaintiff, presently
incarcerated in the Arizona State Prison in Buckeye, Arizona,
alleging a denial of adequate medical care related to a work
injury to his finger.
MATTER UNDER CONSIDERATION
has filed a “First Amended Complaint”' (Doc.
13) prior to service of an answer pursuant to Fed.R.Civ.P.
15(a). The Court is required to screen that complaint
pursuant to 28 U.S.C. § 1915A(a).
matter is before the undersigned on referral from the
District Judge, and the determination of the undersigned is
dispositive of some of Plaintiff's claims. Accordingly,
the undersigned makes the following proposed findings of
fact, report, and recommendation pursuant to Rule 72(b),
Federal Rules of Civil Procedure, and 28 U.S.C. Â§28(b)(1)(B)
RELEVANT FACTUAL BACKGROUND
alleges he received inadequate medical care after a February
2018 accident, in violation of the Eighth Amendment.
Plaintiff claims that while working through Defendant ACI for
Defendant Alliance Truss Co., he severely cut his index
finger while using a radial arm saw. Plaintiff claims that
two weeks before the accident, he informed supervisors that
the machine was not properly functioning, the aluminum guide
was bent, and the blade was worn. Plaintiff was told to use
it the way it was. After Plaintiff was injured, he was rushed
to the hospital where a doctor sutured his finger together.
The surgeon told him he would regain full functionality.
Plaintiff alleges that on March 16, 2018, he was seen by
Defendant Ende, at which time he requested physical therapy
for his finger; Defendant Ende denied the request. On April
6, 2018, Defendant Smith responded to Plaintiff's
informal complaint by denying Plaintiff physical therapy.
Plaintiff claims that due to Defendant Ende and Smith's
deliberate indifference, he cannot bend his finger past 20%.
Plaintiff also requested that he be sent back to a surgeon,
but his request was denied. Plaintiff claims the injury to
his finger prevents him from continuing with his trade of
concrete masonry and block and brick mason work.
RELEVANT PROCEDURAL BACKGROUND
Complaint - Plaintiff's original Complaint
was filed August 16, 2018, and asserted one count against
ADOC Director Charles L. Ryan; Arizona Corrections Institute;
Arizona Corrections Industries (ACI); Corizon Health Services
LLC (Corizon); Nurse Practitioner Lawrence Ende; Alliance
Truss Company Incorporated; and Facility Health Administrator
initial Screening Order entered September 30, 2018 (Doc. 8),
the Court relied on Monell v. Dep't of Soc. Servs. of
New York, 436 U.S. 658 (1978) and found that Plaintiff
failed to adequately state claims against Defendants Ryan,
Arizona Corrections Institute, and Alliance Truss because
there is no respondeat superior liability for civil rights
claims, and Plaintiff failed to allege their direct
participation in his injuries. The court found that Plaintiff
failed to adequately state claim against Defendant Corizon
because “Plaintiff has not described a policy or custom
of Defendant Corizon or explained how such a policy or custom
violated his constitutional rights.” Accordingly, these
defendants were dismissed.
Court concluded that Plaintiff adequately stated an Eighth
Amendment medical claim against Defendants Ende and Smith for
denial of physical therapy, and directed an answer from these
response to the initial Screening Order, Plaintiff filed a
Motion to Amend (Doc. 10) which was granted because Plaintiff
was entitled to make the amendment of right, and
Plaintiff's First Amended Complaint (Doc. 13) was filed
on October 30, 2018. The amended complaint reasserts the same
claims against the same defendants, but adds additional
allegations related to Defendants Corizon, Arizona
Correctional Industires, and Alliance Truss.
regard to Corizon, Plaintiff now adds:
Corizon Health Service has created a policy that denies
inmates access to adequate medical care that is a serious
medical need. Their denial has resulted in violation of
Plaintiff's unnecessary suffering and unwanton infliction
of pain. Based on that policy FHA V. Smith and N.P. L. Ende
have taken no action to provide Plaintiff w/ adequate care.
When confronting L. Ende he stated “it is not my fault,
I have submitted a requrest to Corizon to allow you
opportunity to acquire outside physical therapy but Corizon
shot it down.”
(Doc. 13 at 3A.)
regard to ACI and Alliance ...