Ramos v. O'Connell

169 F.R.D. 260, 37 Fed. R. Serv. 3d 215, 1996 U.S. Dist. LEXIS 17601, 1996 WL 685601
CourtDistrict Court, W.D. New York
DecidedNovember 25, 1996
DocketNo. 95-CV-0432C
StatusPublished
Cited by3 cases

This text of 169 F.R.D. 260 (Ramos v. O'Connell) 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
Ramos v. O'Connell, 169 F.R.D. 260, 37 Fed. R. Serv. 3d 215, 1996 U.S. Dist. LEXIS 17601, 1996 WL 685601 (W.D.N.Y. 1996).

Opinion

BACKGROUND

CURTIN, District Judge.

Plaintiff Francisco Ramos, an inmate at Attica Correctional Facility (“Attica”) at all times material to this claim, brings this action under 42 U.S.C. § 1983, alleging that defendants violated his constitutional rights [261]*261to due process and to freedom from cruel and unusual punishment, under the Fourteenth and Eighth Amendments of the U.S. Constitution respectively. Plaintiff contends that defendants have denied him access to adequate medical and dental treatment as punishment for his refusal to take a tuberculosis test. Specifically, plaintiff claims that defendants have refused to conduct routine blood tests on him and have refused to treat him for a “rotted out wisdom tooth.” See Items 1 and 4. Plaintiff is appearing pro se in this action.

On June 6, 1995, plaintiff filed his original complaint against Dr. O’Connell, a clinical physician at Attica,1 in both his individual and official capacities, alleging that defendant failed to provide plaintiff with access to adequate medical care and denied plaintiff necessary dental treatment. Item 1.

On July 11, 1995, plaintiff amended his complaint, adding three additional defendants, stating his claim in more detail, and setting forth three separate causes of action. Item 4. The new defendants include Walter R. Kelly, Superintendent of Attica, and Sergeants Gavigan and D. Coffee. In his first cause of action, plaintiff claims that defendants have violated his Eighth Amendment right to be free from cruel and inhuman punishment by denying him adequate medical care and by failing to remove a “rotted out” wisdom tooth. Id, ¶ 18-23. In his second cause of action, plaintiff claims that defendants unreasonably and unjustifiably ignored his requests for necessary medical and dental care as punishment for refusing to take a tuberculosis test, and that such punishment violates his Fourteenth Amendment right to due process. Id., ¶ 24. In his third cause of action, plaintiff claims that in deliberately disregarding his requests to be brought to the medical/dental facility and intentionally preventing other correction officers from bringing him to the medical/dental facility, defendants Gavigan and Coffee have violated his Eighth and Fourteenth Amendment rights. Id., ¶ 25.

On November 17, 1995, plaintiff filed a motion for leave to amend his complaint pursuant to Fed.R.Civ.P. 15(a) and submitted a proposed amended complaint. Items 7 and 8. His proposed améndments included additional factual allegations which further support his claims that defendants willfully denied his requests for medical and dental care and allegations that defendant Kelly had knowledge of plaintiffs grievances and that he failed to correct the problem. On November 22, 1995, this court acknowledged that plaintiff had filed a motion to amend; however, noting that, despite an earlier order directing the U.S. Marshal to serve each of the defendants, defendants had not yet been served with the first amended complaint, the court decided that the U.S. Marshal should first serve the defendants with the first amended complaint and allow them to make an appearance before the court made any resolution on the motion to amend the complaint. Item 9.

On December 13, 1995, defendants jointly answered plaintiffs first amended complaint, denying all of the substantive allegations and offering three affirmative defenses. Item 14. On December 20, 1995, this court recognized that all of defendants’ affirmative defenses could be raised in a motion for summary judgment and indicated that defendants should file such a motion by February 13, 1996. Item 15. Neither the court nor any of the parties mentioned plaintiffs pending motion to amend the complaint at this time.

On March 14, 1996, defendants filed their motion for summary judgment pursuant to Fed.R.Civ.P. 56, arguing that plaintiffs complaint should be dismissed for failure to state a claim under either the due process clause of the Fourteenth Amendment or the Eighth Amendment and that all claims for money damages against defendants should be dismissed under the doctrine of qualified official immunity. Items 16-18. On April 9, 1996, this court directed plaintiff to respond to defendants’ motion for summary judgment by June 3, 1996. Item 19. On April 19, [262]*2621996, plaintiff resubmitted his proposed second amended complaint. Item 20.

On April 23, 1996, this court issued an order acknowledging plaintiffs proposed amended complaint and directing the Attorney General to file any opposition with the court by June 3, 1996. The court also indicated that plaintiff was still required to respond to defendants’ motion for summary judgment by June 3. Item 21. On June 21, 1996, the court extended plaintiffs time to file his response to August 20, 1996. Item 25.

On August 19, 1996, plaintiff filed a new motion to amend his complaint pursuant to Fed.R.Civ.P. 15(a) and submitted a new proposed amended complaint. Item 26. This amended complaint adds three additional defendants, a dentist and two nurses, and more thoroughly states plaintiffs claims and the facts underlying these claims. Plaintiffs proposed amended complaint also incorporates the amendments that he had proposed in his earlier motion to amend his complaint, submitted first on November 17, 1995 and then again on April 19,1996. In his affidavit in support of his newest motion to amend, plaintiff contends that he does not expect to seek any future amendments. Other than recrafting his complaint, plaintiff failed to respond directly to defendants’ pending motion for summary judgment.

On October 1, 1996, defendants filed an affidavit in opposition to plaintiffs motion to amend his complaint, arguing that plaintiffs additional allegations were known to plaintiff at the time he filed his original complaint and that by seeking to amend his complaint plaintiff is merely attempting to avoid and unduly delay a decision on defendants’ pending summary judgment. Item 28, ¶¶ 9-11.

At this time, the court considers plaintiffs motion to amend his complaint. Item 26. Due to the court’s resolution of this motion, the court does not separately address defendants’ pending motion for summary judgment.

DISCUSSION

Following the dictates of Federal Rule of Civil Procedure 15(a), the federal courts have demonstrated considerable leniency in allowing plaintiffs to amend their complaints whenever justice so requires. See Foman v. Davis, 371 U.S. 178, 181-82, 83 S.Ct. 227, 229-30, 9 L.Ed.2d 222 (1962) (“The Federal Rules reject the approach that pleading is a game of skill in which one misstep ... may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.” quoting Conley v. Gibson, 355 U.S. 41, 48, 78 S.Ct. 99, 103, 2 L.Ed.2d 80 (1957)); Cortec Industries, Inc. v. Sum Holding L.P.,

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169 F.R.D. 260, 37 Fed. R. Serv. 3d 215, 1996 U.S. Dist. LEXIS 17601, 1996 WL 685601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-oconnell-nywd-1996.