Benitez v. King

298 F. Supp. 3d 530
CourtDistrict Court, W.D. New York
DecidedMarch 28, 2018
Docket17-CV-06230 EAW
StatusPublished
Cited by19 cases

This text of 298 F. Supp. 3d 530 (Benitez v. King) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benitez v. King, 298 F. Supp. 3d 530 (W.D.N.Y. 2018).

Opinion

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Plaintiff Henry Benitez ("Plaintiff"), proceeding pro se , commenced this action against a number of named and unnamed prison officials (collectively, "Defendants") pursuant to 42 U.S.C. § 1983. (Dkt. 1). Plaintiff alleges that Defendants violated his constitutional rights under the First and Eighth Amendments of the Constitution, as more specifically stated in the Complaint.

Currently pending before the Court is Plaintiff's motion for a preliminary injunction (Dkt. 4),1 and Defendants' motion for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure (Dkt. 16). For the following reasons, both motions are denied.

BACKGROUND 2

Plaintiff is an inmate in the custody of the New York State Department of Corrections and Community Supervision, and is presently housed at the Auburn Correctional Facility in Auburn, New York. (See Dkt. 24 (Notice of Change of Address)). Plaintiff claims that he suffers from various mental and physical ailments, including "liver cancer, liver cirrhosis, a low platelet count, asthma, claustrophobia, and auditory hallucinations." (Dkt. 1 at ¶ 31). Plaintiff also alleges that his mental condition has caused him to attempt to commit *534suicide, "repeatedly set fires in a number of [special housing unit] cells[,] ... repeatedly thr[o]w urine and fecal matter at certain guards," and self-mutilate himself by cutting "his wrists, his penis, and his scrotum." (Id. at ¶ 35).

Plaintiff sets forth numerous assertions describing allegedly inadequate and unhealthy prison cell conditions, various physical assaults inflicted upon him, the deprivation of food provisions and other prison services, and that certain of the named and unnamed prison officials have deliberately ignored his acts of self-harm and claims of mental instability. (See, e.g., id. at ¶¶ 44-46, 49-60, 64, 79, 82-86, 93, 102). Many of these allegations are not relevant to the disposition of the pending motions. However, Plaintiff alleges that on October 6, 2016, Plaintiff's "outside oncologist recommended that [he] be housed in the facility's infirmary for close monitoring while he [was] taking prescribed chemotherapy medication." (Id. at ¶ 71). Plaintiff claims that Dr. Kenneth Ott ("Dr. Ott"), a physician employed at Elmira Correctional Facility, chose not to follow this recommendation because Plaintiff had filed grievances against the prison medical staff. (Id. at ¶ 72). Plaintiff also alleges that between November and December of 2016, Candice Baker ("Baker"), a nurse employed at Elmira Correctional Facility, failed to respond to Plaintiff's "sick call slips," and that she "refused to provide him with prescribed medication for his liver diseases." (Id. at ¶ 97). Plaintiff further alleges that Baker was in "an intimate relationship" with Dr. Ott, and that she convinced him "to refuse to comply with a number of medical recommendations made by [Plaintiff]'s outside treating specialists." (Id. at 198).

PROCEDURAL HISTORY

On May 22, 2017,3 Plaintiff filed a motion for a preliminary injunction. (Dkt. 4). In his declaration in support of this motion, Plaintiff argues that Dr. Ott and Baker "deliberately refused ... to provide [him] with medical treatment recommended by outside specialists for [his] liver diseases." (Id. at ¶ 3). Specifically, Plaintiff affirms that "from November 2016 to the date of the filing" of his motion, Baker "deliberately refused to respond to [his] sick-call slips and to provide [him] with prescribed medication for [his] liver diseases." (Id. at ¶ 4). Plaintiff further affirms that Dr. Ott refused to provide "an examination of [Plaintiff's] esophagus," perform a "sonogram examination of [Plaintiff's] testicals [sic] for evidence of cancer," place Plaintiff "in the prison's infirmary during chemotherapy treatment," and provide Plaintiff with an "Ensure" nutritional drink "to combat [his] lack of appetite for solid foods." (Id. ). Plaintiff claims that as a result of Baker's and Dr. Ott's continued indifference to his outside physicians' recommendations, Plaintiff is "suffering from internal bleeding from [his] esophagus; great pain in [his] swollen testicals [sic]; lack of appetite for solid foods; and a loss of body weight." (Id. at ¶ 5). Plaintiff requests that the Court issue a preliminary injunction "requiring ... [D]efendants to carry out the treatment plan recommended by [his] outside specialists." (Id. at ¶ 6).

On June 1, 2017, Plaintiff was granted in forma pauperis status. (Dkt. 5). On August 4, 2017, Defendants filed a motion *535for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure. (Dkt. 16). Defendants argue that each assertion in Plaintiff's motion for a preliminary injunction is "false or materially misleading." (Dkt. 16-3 at 1). Specifically, Defendants claim that Plaintiff received an examination of his esophagus two weeks before he filed his motion, Plaintiff was scheduled to receive a sonogram of his scrotum on two separate occasions, but he refused to submit to those procedures, and that, according to prison medical staff, Plaintiff does not require dietary supplements or housing in the prison infirmary. (Id. at 2-3). Defendants argue that, "[a]t a minimum," the instant matter should be dismissed. (Id. at 3). However, Defendants further contend that the "most appropriate sanction" would be to impose a filing injunction, prohibiting Plaintiff "from filing any additional actions, of any type, in this Court without first obtaining the prior approval of the Court." (Id. ). Defendants also request that the Court grant them an award of attorney's fees in the amount of $1,050.00 pursuant to Rule 11(c)(4). (Id. ).4 Plaintiff opposes Defendants' motion. (Dkt. 21). Since the disposition of Plaintiff's motion for a preliminary injunction may influence the outcome of Defendants' motion for sanctions, the Court turns first to Plaintiff's motion.

DISCUSSION

I. Plaintiff's Motion for a Preliminary Injunction

A. Legal Standard

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Bluebook (online)
298 F. Supp. 3d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benitez-v-king-nywd-2018.