Pearson v. Prison Health Service

348 F. App'x 722
CourtCourt of Appeals for the Third Circuit
DecidedOctober 16, 2009
DocketNo. 09-2766
StatusPublished
Cited by1 cases

This text of 348 F. App'x 722 (Pearson v. Prison Health Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pearson v. Prison Health Service, 348 F. App'x 722 (3d Cir. 2009).

Opinion

OPINION

PER CURIAM.

Antonio Pearson appeals pro se from the District Court’s order dismissing his complaint. For the following reasons, we will vacate and remand for further proceedings. See 3d Cir. LAR 27.4 (2008); 3d Cir. I.O.P. 10.6.

I.

Pearson is a Pennsylvania state prisoner. He filed suit pro se under 42 U.S.C. § 1983 against various correctional and medical personnel and entities, alleging that they have been deliberately indifferent to his serious medical needs in rióla[723]*723tion of the Eighth Amendment. (He also asserts violations of the First and Fourteenth Amendments, but we discern no basis for these claims in his complaint.) We take the following allegations in Pearson’s complaint as true for present purposes.

Pearson has been incarcerated at SCI-Somerset since 2005. He has made numerous complaints since then about pain in his abdominal and pelvic areas. On April 10, 2007, he began experiencing “constant sharp pains” in his abdomen. (ComplV 2.) A nurse (“Jane Doe-1 Nurse”) saw him at approximately 1:00 p.m. and, without referring the matter to a physician or physician’s assistant, told Pearson that she believed he had pulled a muscle and placed him on sick-call for the following day. (Id.) Pearson returned to the medical unit at around 5:00 p.m. and complained that the pain had become “excruciating.” (Id. ¶ 3.) Another nurse (“Jane Doe-2 Nurse”) saw him and told him that she believed his gall bladder was failing, that there was nothing else she could do for him, and that he should wait for sick call the following day. (Id.)

By approximately 11:00 p.m. that night, Pearson told his block officer that he was “in severe pain in his entire abdominal area” and asked him to call the medical unit. (Id. ¶ 4.) The block officer did so and told Pearson that another nurse (“John Doe-1 Nurse”) said that “he was not coming to the unit” because two nurses already had seen him and he was on sick-call for the following day. (Id.) After that, “[t]he pain was so excruciating that [Pearson] screamed until 2:30 a.m. on April 11, 2007,” when a correctional officer called the medical unit again and the same nurse finally came to the unit to see him. (Id.) According to Pearson, the nurse was “mad” at him and “forced [him] to crawl to the wheel chair” from his bed. (Id. ¶ 5.) The nurse “stated that if [Pearson] could not make it to the wheel chair, then he will not be taken to the hospital.” (Id.) Pearson made it to the wheel chair, and the nurse took him to the infirmary and “placed him in an infirmary cell all night in excruciating pain.” (Id.) Finally, and apparently the next morning, two physicians authorized Pearson to be taken to an outside hospital. (Id.) A physician at the hospital performed emergency surgery to remove Pearson’s appendix, which had failed because a “tumor/mass” in plaintiffs stomach had attached itself to it. (Id.)

After Pearson returned to prison, he felt a sharp pain and felt liquid running down his leg, which he later identified as blood flowing from his penis. (Id. ¶ 6.) At his request, his block officer called the medical unit, but “they” refused to allow him to come to the unit and told the officer to have Pearson lie on his back. (Id.) Pearson “continued to be in constant pain and blood continued to run down [his] leg,” so the block sergeant called the medical unit again and they authorized a visit. (Id.) A physician’s assistant (“John Doe P.A.”), alarmed by the amount and brightness of the blood (which indicated that it might be arterial), told Pearson that he might be going to an outside hospital and called defendant Robert McGrath, a Medical Director, at home. (Id.) The assistant then told Pearson that Dr. McGrath was “mad” at him for calling at home and told him to “just place [Pearson] in a room overnight.” (Id.) Dr. McGrath saw Pearson the next day and, without seeing the amount of the blood, told him his condition was “normal” and sent him back to his cell. (Id.)

Once back in his cell, however, Pearson “continued to have blood gush out of his penis, had to use a bag to keep it from messing up his clothes and bedding and was in constant pain[.]” (Id.) Pearson complained to a Sergeant Rittenour, who relayed his complaint to Captain Thomas [724]*724Papuga, who “told him to give [Pearson] a direct order to get rid of the blood,” which “was done to hide [Pearson’s] serious medical need.” (Id.) But “[b]lood started to run down [Pearson’s] leg again,” and Pearson returned to the medical unit. Finally, he was taken back to the outside hospital for additional surgery, and later learned that he had suffered a cut on the inside of his penis during the removal of his appendix. (Id. ¶ 7) Pearson seeks, in relevant part, monetary damages and a declaration that defendants violated his constitutional rights.

Pearson submitted his complaint along with an application for leave to proceed in forma pauperis (“IFP”). On April 22, 2009, a Magistrate Judge issued a Report and Recommendation recommending that the District Court dismiss the complaint for failure to state a federal claim. The Report and Recommendation also granted Pearson’s IFP motion, but “only so that the Clerk may file the complaint.” (R & R at 1.) It further conditioned Pearson’s right to file objections on his return of an authorization to collect payments toward the filing fee from his prison account. Pearson returned the authorization and filed objections. In both his objections and the comjDlaint itself, Pearson alleged that he has been unable to obtain a copy of his medical records and requested leave to amend his complaint. By order entered May 21, 2009, the District Court adopted the Report and Recommendation and dismissed Pearson’s complaint. It did not address his requests for leave to amend. Pearson appeals.1

II.

In order to state an Eighth Amendment claim for deliberate indifference to medical needs, a plaintiff must plead “(i) a serious medical need, and (ii) acts or omissions by prison officials that indicate deliberate indifference to that need.” Natale v. Camden Cty. Corr. Fac., 318 F.3d 575, 582 (3d Cir.2003). The District Court did not determine whether Pearson alleged a serious medical need, but we think it beyond question that he has. See Atkinson v. Taylor, 316 F.3d 257, 266 (3d Cir.2003) (medical need is serious “if it has been diagnosed by a physician as requiring treatment”); Sherrod v. Lingle, 223 F.3d 605, 610 (7th Cir.2000) (“[A]n appendix on the verge of rupturing easily meets this standard.”). Instead, the District Court dismissed Pearson’s complaint on the sole basis that he did not “allege any facts that support [725]*725an inference of deliberate indifference as that term is defined by the Supreme Court.” (R & R at 4.) We disagree.

Deliberate indifference requires a showing that “the official ‘knows of and disregards an excessive risk to inmate health or safety.’ ” Natale, 318 F.3d at 582 (quoting Farmer v.

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Related

Antonio Pearson v. Prison Health Service
850 F.3d 526 (Third Circuit, 2017)

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Bluebook (online)
348 F. App'x 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-prison-health-service-ca3-2009.