Cadwallader v. Devlin

155 F. Supp. 3d 175, 2016 U.S. Dist. LEXIS 1409, 2016 WL 81493
CourtDistrict Court, N.D. New York
DecidedJanuary 7, 2016
Docket3:15-cv-139 (TJM/DEP)
StatusPublished

This text of 155 F. Supp. 3d 175 (Cadwallader v. Devlin) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cadwallader v. Devlin, 155 F. Supp. 3d 175, 2016 U.S. Dist. LEXIS 1409, 2016 WL 81493 (N.D.N.Y. 2016).

Opinion

DECISION and ORDER

THOMAS J. McAVOY, Senior United States Judge

Plaintiff commenced the instant action pursuant to 42 U.S.C. § 1983, alleging that Defendants violated his constitutional rights while he was incarcerated. Presently before the Court is Defendants’ motion for judgment on the pleadings. See dkt. # 49. The Court has determined to decide the motion without oral argument.

I. BACKGROUND

Plaintiff Adrien Cadwallader filed the instant Complaint pursuant to 42 U.S.C. § 1983 on February 9, 2015. See dkt. # 1. T his action concerns Plaintiffs treatment while incarcerated at the Ostego County Jail. Plaintiff alleges that he was attacked by a pit bull on January 11, 2012, sustaining serious injuries to his legs. Id. at ¶ 15. He spent two days in the hospital and was released with a prescription for oral antibiotics. Id. By January 20, 2012, Plaintiff was back in the hospital with a serious infection of the wound site in both legs. Id. at ¶ 16. Doctors at St. Peter’s Hospital in Albany, New York told him that if they failed to control the infection he could lose his leg or even die if the infection spread. Id. After a week in the hospital, Plaintiffs infection was controlled and he was well enough to be released with a prescription for Augmentin, an oral antibiotic. Id.

Plaintiff was on parole at the time, and as a condition of his parole, Defendant Patrick LaPorte, his parole officer, ordered him to enter a residential treatment program for heroin addition upon his release from the hospital. Id. at ¶ 17. La-Porte knew of Plaintiffs hospitalization and treatment for infection. Id. at ¶ 18. He also knew of Plaintiffs heroin addiction and longstanding mental health issues and treatment needs. Id. On February 1, 2012, Plaintiff entered the residential treatment program and began receiving medication for opiate withdrawal. Id. at ¶ 19. He also received therapy and medication for “several long standing mental health issues including post-traumatic stress disorder [179]*179(PTSD), anxiety disorder, depressive disorder, oppositional defiant disorder and attention-defieii/hyperactivity disorder (ADHD).” Id. He also took medication to help him sleep because of recurrent PTSD and nightmares associated with the dog attack. Id.

Several days into his stay at the treatment center, Plaintiff noticed red streaks on his legs near the site of his bite wound. Id. at ¶ 20. These streaks “reminded him” of the infection that put him in the hospital in the first place. Id. He advised facility staff, and tests revealed a methicillin resistant staphylococcus aureus (“MRSA”) infection. Id. A doctor prescribed Vancomy-cin, an antibiotic, to be taken twice daily for ten days to treat the MRSA on February 6, 2012. Id. at ¶ 21. The stop date for the medication was February 16, 2012. Id. The physician also ordered medication to treat the pain from the wound and infection. Id.

Though the symptoms associated with the MRSA infection began to clear up with use of the medication, Plaintiff suffered other health issues related to the stress and anxiety of the- dog attack and its aftermath as well as the challenges of heroin withdrawal and mental health problems. Id. at ¶ 22. Plaintiff eventually suffered a panic attack that placed him in the hospital and the treatment program discharged him. Id. at ¶¶ 23-24. The treatment program advised Defendant LaPorte of Plaintiffs discharge. Id. at ¶ 24. La-Porte arrived at the center at 9:00 a.m. on February 9, 2012 to arrest Plaintiff for violation of the terms of his parole. Id.

At the time of his discharge and arrest, the treatment center staff gave LaPorte physicians’ orders for the medications Plaintiff was taking for his MRSA infection, pain from that infection, heroin withdrawal, PTSD and anxiety. Id. at ¶ 25. The orders included:

Vistaril 50 mg po prn for anxiety (po means orally, prn means as needed), Neurontin 300 mg po qid (qid means 4 times a day), a Suboxone taper to be completed 2/13/12, Augmentin 125 mg po bid x 10 days (bid means twice a day). Cleanse wound daily with Neosporin and apply telfa and Kling for C +S, D/C Augmentin, Vancomycin 500 mg po bid x 10 days (MRSA) (stop date 2/16/12), Ul-tram 50 mg po q6 hrs prn pain.

Id. at ¶ 25. Plaintiff alleges that clinic staff informed LaPorte of the importance of these medications and LaPorte reviewed the list of medications when he took Plaintiff into custody. Id. at ¶ 26. Plaintiff importuned LaPorte to get this list of medications because of his serious physical and mental-health needs. Id. at ¶ 27. Plaintiff alleges that Defendant LaPorte told him not to worry. Id. LaPorte would insure that the Otsego County Jail (the “Jail”) received the medications list and his medical needs would be taken care of. Id. at ¶ 27. Despite this promise, Plaintiff alleges, LaPorte did not accompany Plaintiff to the Jail, nor did he give the police officers who took Plaintiff to the jail copies of the orders. Id. at ¶¶ 28-29. He did not notify anyone at the Oneonta Police Department or Otsego County Jail regarding Plaintiffs medical needs. Id. at ¶ 30.

Plaintiff had an anxiety attack while being booked into the Jail on February 9, 2012; he was taken for treatment to A.O. Fox Hospital in Oneonta. Id. at ¶ 31. Doctors treated Plaintiff for his anxiety and hyperventilation. Id. at ¶ 32. Plaintiff informed them of his medical history, including his current treatment for MRSA, heroin withdrawal and anxiety disorder. Id. Plaintiff alleges that he told staff in the emergency room that LaPorte had the prescriptions the treatment center had provided. Id. at ¶ 33.

[180]*180After Plaintiff was discharged from the hospital, Oneonta Police took him to the Oneonta Police Department where they completed booking and held him for several hours. Id. at ¶ 34. Plaintiff suffered another anxiety attack as officers returned him to the Ostego County Jail around 8:40 p.m. on February 9, 2012. Id. at ¶ 35. He told officers of his distress and need for medical care.

When Plaintiff arrived at the Jail he spoke with Defendant Sgt. Adam Tilbe, who was the booking officer. Id. at ¶ 36. Plaintiff was anxious because he had not yet received his medications. Id. He told Tilbe that he needed his MRSA medications, and that he could die if he did not receive them. Id. Tilbe noted that Plaintiff was shaking during the interview. Id. Tilbe had Plaintiff placed in a holding room near the booking area, and Plaintiff alleges that Tilbe called the Supervising Facility Nurse and informed her that Plaintiff was shaking and claimed to have difficulty breathing. Id. at ¶ 37. Plaintiff alleges that he was at that point suffering from the effects of his anxiety attack and the lack of medication to treat his heroin withdrawal and pain. Id. at ¶ 38. He repeatedly informed Jail staff of his condition, asking for medical assistance. Id.

At approximately 9:40 p.m., Otsego County Sheriffs Department staff took Plaintiff to the emergency room of Bassett Hospital in Oneonta, New York. Id. at ¶ 39. There, Plaintiff told hospital staff of his MRSA infection and the need for antibiotic medication to control it. Id. at ¶ 40. He showed the doctor' the wounds on his legs and á red boil-like spot on his abdomen. Id. He also told staff that he had not received any medication since 6 a.m. and that he suffered from heroin withdrawal, depression and anxiety. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
155 F. Supp. 3d 175, 2016 U.S. Dist. LEXIS 1409, 2016 WL 81493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cadwallader-v-devlin-nynd-2016.