The opinion of the court was delivered by: Magistrate Judge Baxter
District Judge McLaughlin
MAGISTRATE JUDGE=S REPORT AND RECOMMENDATION
It is respectfully recommended that Defendants= Motion to Dismiss Second Amended Complaint [ECF No. 37] be granted.
A. Relevant Procedural and Factual History
On August 4, 2009, Plaintiff Richard DiLauri, an inmate formerly incarcerated at the Allegheny County Jail in Pittsburgh, Pennsylvania (AACJ@), filed this pro se civil rights action pursuant to 42 U.S.C. ' 1983,*fn1 against Defendants William P. Mullen, Allegheny County Sheriff (AMullen@), and Ramon C. Rustin, Warden at ACJ (ARustin@). [ECF No. 6]. He subsequently filed an amended complaint on May 28, 2010, adding two unnamed Defendants identified as Deputy AJane Doe@ and Guard AJohn Doe.@ [ECF No. 30]. Plaintiff thereafter filed a second amended complaint on September 14, 2010, adding three more Defendants: Michael H. Wojcik, Allegheny County Solicitor (AWojcik@); Allegheny County Law Department (AACLD@); and an unnamed Defendant identified as Guard AJohn Doe II.@ [ECF No. 36].*fn2
Plaintiff alleges that Defendants violated his rights under the eighth amendment to the United States Constitution because they were deliberately indifferent to his health and safety, and to his serious medical needs. In particular, Plaintiff claims that he was injured on August 6, 2007, when he fell down a flight of steps while being escorted by Defendant Jane Doe from a court room at the Allegheny County Courthouse. (ECF No. 36, Second Amended Complaint, at Section IV.C). According to Plaintiff, just prior to the fall, he had informed Jane Doe that his leg shackles were tangled, and he hesitated at the top of the landing when he Anoticed how dark and steep [the stairwell] looked.@ (Id.). However, the deputy insisted that he proceed down the steps, stating that the stairwell was Athe only way back down,@ and that he should not worry because she was holding him by the belt. (Id.). Plaintiff then proceeded down a few steps slowly, but slipped on the tangled chains and fell down the remaining steps to the landing below. (Id.). With the assistance of three other deputies, Plaintiff was lifted and taken to a desk area, where he stated that Ait would be a good idea@ for him to go to the hospital. (Id.). He was then taken by the Pittsburgh EMS to the emergency room at UPMC Presbyterian Medical Center (AUPMC@).
At UPMC, Plaintiff had x-rays and was diagnosed with Atorn ligaments and tendons of the left hip.@ (Id.).*fn3 He was then released from the hospital and returned to ACJ at around 6:00 p.m. on August 6, 2007, with instructions to have follow-up exams and to soak the bruised areas. (Id.). Later that evening, Plaintiff=s pain got worse and his cellmate had to help him undress. Plaintiff alleges that he asked the night guard, Defendant John Doe II, if he could make a medical visit, but his request was denied. (Id.). The next morning and evening, Plaintiff alleges that he asked Defendants John Doe I and John Doe II to be placed on medical callout, but Ahad no result.@ (Id.). He alleges that he asked again to be placed on medical callout on August 8, 2007, but was denied by both the insulin line nurse and the night guard, Defendant John Doe II. (Id.). The next day, Plaintiff was transferred to SCI-Greene, where he allegedly received no medical help other than one Ibuprofen. (Id.). He was then transferred to SCI-Camp Hill on August 16, 2007, where he received Ibuprofen and one tube of Ben Gay in October 2007. (Id.). Plaintiff was subsequently transferred to SCI-Albion on November 5, 2007. (Id.).
On January 22, 2008, Plaintiff was examined by an orthopedic surgeon, Dr. Habusta, who diagnosed a fractured left hip and ordered a cat scan and x-rays. (Id.). Plaintiff saw Dr. Habusta again on February 25, 2008, at which time Plaintiff was told that he would have hip replacement surgery after the summer of 2008. (Id.).
Based on the foregoing facts, Plaintiff brings the following claims:
1. An Eighth Amendment claim against Defendant Jane Doe Afor her failure to prevent harm to Plaintiff;@
2. An Eighth Amendment claim against Defendant Rustin for failing Ato take steps to correct the substandard medical care at [ALJ];@
3. Eighth Amendment claims against Defendants John Doe I and John Doe II Afor refus[ing] to have a medical visit arranged, or to have medical department come to pod to administer medical attention and medication for the pain;@
4. An Eighth Amendment claim against Defendant Mullen for failure to take action to resolve the Apotentially dangerous problem@ of walking a person in leg shackles down the stairway at issue, and for failure to train Defendant Jane Doe Ato recognize a potentially dangerous situation;@
5. An Eighth Amendment claim against Defendant Wojcik for Afailure to prevent harm [by] not maintaining and offering a safe route from the holding cell to the county court ...