Brandy Stokes-Reed v. Noah Nesin, M.D., et al.

CourtDistrict Court, D. Maine
DecidedNovember 26, 2025
Docket1:25-cv-00422
StatusUnknown

This text of Brandy Stokes-Reed v. Noah Nesin, M.D., et al. (Brandy Stokes-Reed v. Noah Nesin, M.D., et al.) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brandy Stokes-Reed v. Noah Nesin, M.D., et al., (D. Me. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

BRANDY STOKES-REED, ) ) Plaintiff ) ) v. ) No. 1:25-cv-00422-LEW ) NOAH NESIN, M.D., et al., ) ) Defendants )

RECOMMENDED DECISION AFTER PRELIMINARY REVIEW

Because the Court granted Brandy Stokes-Reed’s application to proceed in forma pauperis, see ECF No. 5, her complaint (ECF No. 1) is now before me for preliminary review in accordance with 28 U.S.C. § 1915(e)(2)(B).1 For the following reasons, I recommend that the Court dismiss Stokes-Reed’s complaint. Congress enacted the in forma pauperis statute to ensure meaningful access to federal courts for persons unable to pay the costs of bringing an action. See Neitzke v. Williams, 490 U.S. 319, 324 (1989). When a party proceeds in forma pauperis, however, a court must “dismiss the case at any time if” it determines that the action “is frivolous or malicious[,] . . . fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). A complaint fails to state a claim when, taking the

1 On August 22, 2025, Brandy Stokes-Reed filed a supplemental memorandum of law in support of her Complaint and motion for a preliminary injunction. ECF No. 6. On November 21, 2025, she filed a supplemental status report informing the Court regarding the progression of her complex medical condition. ECF No. 7. Although these filings do not amend the Complaint, see Fed. R. Civ. P. 15 (outlining the procedure for amended pleadings), I have considered their content when making this recommendation. facts alleged as true, it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Liberally construing the complaint in this case, Stokes-Reed alleges that

multiple health care providers have declined to prescribe her higher doses of medication that are necessary to alleviate the symptoms of her complex medical conditions. Complaint at 15. Stokes-Reed was previously receiving the necessary dosing, which stopped after the state medical licensing board took action against multiple providers who were prescribing her doses of opiate therapy that exceeded the maximum allowable dose under state law. Id. at 14-15. The Board’s actions

forced Stokes-Reed to seek alternative care. Id. at 15. Since then, she has been met with refusals to prescribe above the maximum dosage allowed by state law, resulting in an involuntary taper of her medication, which she alleges violated the Americans with Disabilities Act (ADA), the Rehabilitation Act (RA), and her civil rights under 42 U.S.C. § 1983. Complaint at 14-24, 27-40. Stokes-Reed further alleges various state law claims consisting of violations of the Maine Human Rights Act (MHRA), medical abandonment, breach of fiduciary duty, and intentional infliction of

emotional distress. Id. at 40-50. Finally, she seeks injunctive relief to compel the prescription of higher doses of opiate medications.2 Id. 50-73.

2 As discussed below, I recommend that the Court dismiss the complaint; therefore, the request for a preliminary injunction should also be denied. See Rand v. Hanks, No. 18-cv-1211-PB, 2019 WL 2504615, at *1 (D.N.H. May 15, 2019) (rec. dec.) (“For the reasons that follow, defendants’ motion to dismiss should be granted and, as a consequence, plaintiff’s motion for a preliminary injunction should be denied.”), aff’d, 2019 WL 2503979 (June 17, 2019). Stokes-Reed’s complaint fails to state a claim for several reasons. First, individuals cannot be held liable under the ADA. Román–Oliveras v. P.R. Elec. Power Auth., 655 F.3d 43, 52 (1st Cir. 2011) (“[W]e concluded that neither the original

remedial scheme nor the amendments contemplated individual liability.”). The same reasoning applies under the RA because it applies only to entities receiving federal funds. See 29 U.S.C. § 794(a) (limiting the RA to entities receiving “Federal financial assistance”); see also Millay ex rel. YRM v. Surry Sch. Dep’t, No. 09-cv-411-B-W, 2009 WL 5184398 at *9 (D. Me. Dec. 22, 2009) (concluding that individual defendants cannot be personally liable in damages for violations of the ADA and the RA).

Therefore, the Court should dismiss the ADA and RA claims against the individual defendants. That leaves the Schmidt Institute and St. Joseph Hospital. According to the complaint, the Schmidt Institute is a nonprofit that helps develop policies and training on controlled substances. Complaint at 12. Stokes-Reed does not allege that she ever sought services or treatment through the Institute or that it denied her access to a treatment based on her disability. Instead, Stokes-Reed alleges that the

Institute developed policies that led her providers to change the care she was receiving. These allegations cannot establish a claim under the ADA or RA because Stokes-Reed never requested any action or accommodation from the Institute. See Rylee v. Chapman, 316 F. App’x 901, 906 (11th Cir. 2009) (“In cases alleging a failure to make reasonable accommodations, the defendant’s duty to provide a reasonable accommodation is not triggered until the plaintiff makes a specific demand for an accommodation.” (cleaned up)). Regarding St. Joseph Hospital, courts have historically been unwilling to

second-guess a provider’s medical judgment in ADA and RA claims. See, e.g., Silva v. Baptist Health S. Fla., Inc., 856 F.3d 824, 834 (11th Cir. 2017) (“The ADA and RA focus not on quality of medical care or the ultimate treatment outcomes, but on the equal opportunity to participate in obtaining and utilizing services.”). Because the complaint asks the Court to change a provider’s treatment rather than provide equal access to the treatment, it fails to state a claim under the ADA or RA against St.

Joseph Hospital.3 Second, the complaint fails to state a claim under 42 U.S.C. § 1983 because it does not allege any state action. Section 1983 excludes “‘merely private conduct, however discriminatory or wrongful.’” Blum v. Yaretsky, 457 U.S. 991, 1002 (1982) (quoting Shelley v. Kraemer, 334 U.S. 1, 13 (1948)). A plaintiff can establish state action when a defendant acts under color of state law, which requires that the defendant exercise power “possessed by virtue of state law and made possible only

because the wrongdoer is clothed with the authority of state law.” United States v. Classic, 313 U.S. 299, 326 (1941).

3 The same reasoning likely applies to the MHRA claim. Dudley v. Hannaford Bros. Co., 190 F. Supp. 2d 69, 73 (D. Me.

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West v. Atkins
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Bell Atlantic Corp. v. Twombly
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Bruce B. Landrigan v. City of Warwick
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Brandy Stokes-Reed v. Noah Nesin, M.D., et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandy-stokes-reed-v-noah-nesin-md-et-al-med-2025.