Engles v. Mewar

272 F. Supp. 3d 435
CourtDistrict Court, W.D. New York
DecidedSeptember 27, 2017
Docket6:16-CV-06126 EAW
StatusPublished

This text of 272 F. Supp. 3d 435 (Engles v. Mewar) 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
Engles v. Mewar, 272 F. Supp. 3d 435 (W.D.N.Y. 2017).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Plaintiff Jessie C. Engles (“Plaintiff’), pro se and incarcerated, brings this action pursuant to 42 U.S.C. § 1983, alleging that he was subjected to cruel and unusual punishment in violation of .the Eighth Amendment, resulting from, deliberate indifference to serious medical needs in .the form of lack of. adequate dental treatment. (Dkt. 1). Presently before the Court is a motion filed by four defendants — W. Burgher (“Burgher”), D. Gladstone (“Gladstone”), R. J. Haag (“Haag”), and R. TenBrink (“TenBrink”) (collectively, “Defendants”) — to dismiss Plaintiffs complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim and as barred by the statute of limitations.1 (Dkt. 11). For the following reasons, Defendants’ motion to dismiss is granted, although Plaintiff may attempt to replead the claims in accordance with this Decision and Order.

BACKGROUND

I. Factual Background

The following facts are drawn from Plaintiffs complaint. Defendant TenBrink is a dentist at Attica Correctional Facility (“Attica”), Defendant Haag is a dentist at Southport Correctional Facility (“South-port”), and Defendants Gladstone arid Burgher are dentists at Auburn Correctional Facility (“Auburn”). (Dkt. 1 at 1).

On February 9, 2009, while incarcerated at Downstate Correctional Facility (“Downstate”), Plaintiff was examined by a dentist who told Plaintiff that he needed treatment for cavities. (Id. at 8). The dentist told Plaintiff that he would be placed on a waiting 'list for the treatment. (Id.).

Plaintiff was subsequently transferred to several different correctional, facilities in 2009 and 2010. (Id.). Plaintiff was transferred from Downstate to Sing Sing Correctional Facility (“Sing Sing”); while at Sing Sing, he filed “sick call slips for dental care” but was again placed on a waiting list. (Id,). He was transferred from Sing Sing to Attica on May 18, 2009, then to Southport on October 26, 2009, and then to Auburn. (Id.). At each of those facilities, Plaintiff requested dental treatment and was placed on a waiting list. (Id.). According to Plaintiff, around the time that he was transferred to Auburn, “[he] started to become aware of the way [he] kept getting transferred out after [he] began to file grievances regarding this matter.” (Id.).

On March 1, 2010, Plaintiff was transferred to Five Points Correctional Facility (“Five Points”), and was then transferred to Marcy Correctional Facility (“Marcy”) on March 10, 2011. (Id. at 8-9). At both Five Points and Marcy, as at the previous facilities, Plaintiff “was either pulled out for x-rays of [his] teeth, or had them cleaned, before being place[d] on the waiting list for filling[s] for [his] cavities.” (Id. at 8). According to Plaintiff, his.medical need for cavity treatment had been noted on his record for nearly two years by the time he was at Marcy. (Id. at 9). A dentist at Marcy told Plaintiff that one of his teeth needed to be extracted before his cavities could be treated, and Plaintiff consented. (Id.).

However, before Plaintiff had that tooth extracted^ he was transferred, to Elmira Correctional Facility (“Elmira”) on June 10, 2012, and then to Wende Correctional Facility (“Wende”) on July 10, 2013. (Id.). He was placed on a waiting list for cavity treatment at both Elmira and Wende, (Id.). At that time, Plaintiff had been experiencing “pain off [and] on for months....” (Id).

On or about September 24, 2013, Plaintiff was transferred to Great Meadow Correctional Facility (“Great Meadow”), where he remained for approximately two months before being transferred back to Five Points. (Id. at 10). Plaintiff requested emergency care at Five Points and received x-rays on or about May 5, 2014, and was again placed on the waiting list for treatment. (Id.). Plaintiff asserts that he was deprived of dental care at Five Points until April 20, 2015, when he was transferred back to Attica. (Id.).

At Attica, Plaintiff again requested emergency treatment. (Id.). Between April 20,2015, and January of 2016, Plaintiff was seen by a dentist who informed Plaintiff that he needed an extraction, which Plaintiff initially refused. (Id.). Plaintiff later consented because the dentist “wouldn’t have done [Plaintiffs] root canals for two of [his] other t[ee]th, nor the Ming if [Plaintiff] didn’t consent....” (Id.). Following the extraction, the dentist left a piece of Plaintiffs tooth in his gums, which continues to bother him. (Id. at 10-11). Plaintiff was then transferred from Attica to Five Points, (Id. at 11).

In sum, Plaintiff alleges that at every facility in which he filed a grievance, he was subsequently transferred to another facility instead of receiving adequate treatment for his worsening dental needs, (Id. at 8-12). Plaintiff claims that Defendants Burgher and Gladstone at Auburn, Defendant Haág at Southport, and Defendant TenBrink at Attica were “all deliberately] indifferen[t] to ... [Plaintiffs] serious medical needs.... ” (Id. at 11). He alleges that the “cavities [and] holes ’in [his] teeth ,.. cause [him] extr[eme] pain [and] emotional distress.” (Id.). Specifically, Plaintiff alleges: '

[M]y teeth deteriorated to the point 3 of my teeth had to be pulled out while at [Five Points], Marcy [ ], and Attica within the last 3 years from the filing of this complaint and .2 or 3 of my other't[ee]th needed root canals and I also had 2 holes in two different teeth for over a year causing me pain & preventing] me from eating from time to time.

(Id.).

Attached to Plaintiffs complaint are his dental clinical records, grievances concerning his dental treatment, and the responses to those grievances. (Id. at 17-40). The dental clinical records contain the following notes by Defendants. On January 29, 2010, Defendant Gladstone wrote that Plaintiff requested emergency fillings, but Gladstone “informed [Plaintiff that he] is scheduled like everyone else for fillings and needs to wait his turn like everyone else.” (Id. at 19). Defendant TenBrink noted that Plaintiff did not show up for appointments on four occasions in June of 2015 and, again, on October 14, 2015. (Id, at 26-27). On those occasions, TenBrink noted that Plaintiff was in the Special Housing Unit (“SHU”) and that no,escort was available. (Id.).

Plaintiffs grievances do not reference Defendants by name. (Id. at 28-40).

II. Proceedings in this Court

Plaintiff filed his original complaint in this action on March 1, 2016. (Dirt. 1). By Order dated June 80, 2016, the Court granted Plaintiff leave to proceed informa pauperis and screened Plaintiffs complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. (Dkt.' 5).

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Bluebook (online)
272 F. Supp. 3d 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engles-v-mewar-nywd-2017.