United States District Court, E.D. Pennsylvania
MANUEL E. ABRANTE, III. Plaintiff,
VINCENT GUARINI, et al., Defendants.
MEMORANDUM RE DEFENDANTS' MOTION TO DISMISS
MICHAEL M. BAYLSON, District Judge.
Plaintiff Manuel E. Abrante III is an inmate at Lancaster County Prison (the "Prison"). Abrante amended his complaint in this 42 U.S.C. § 1983 action on June 18, 2014. Abrante alleges in his Amended Complaint that prison officials Vincent Guarini, Joe Shiffler, and Ann Haines, as well as nurse practitioner Lori Hostetter, provided inadequate medical treatment for injuries he sustained after sustaining gunshot wounds, and were deliberately indifferent to his serious medical needs in violation of his Fourteenth and Eighth Amendment rights. Guarini, Shiffler, and Haines (collectively, "Defendants") have moved to dismiss Abrante's Amended Complaint for failure to state a claim. For the following reasons, the Motion is DENIED.
II. Facts and Procedural History
On August 1, 2011, Abrante was shot twice in the buttocks. ECF 31-1 ¶¶ 9-10. He was taken to Lancaster General Hospital ("Lancaster General"), where he was diagnosed with a fractured pelvis, trauma to his right femur, and other tissue damage. Id. ¶¶ 11-13. Physicians at Lancaster General prescribed pain medications to Abrante, including fentanyl and morphine; provided him with a rolling walker; and administered physical and occupational therapy until he was released four days later on August 5, 2011. Id. ¶¶ 15-20.
Upon discharge, Abrante's physicians provided him with instructions including:
A prescription for oxycodone, a narcotic painkiller;
A prescription for blood thinners to prevent blood clots;
Physical and occupational therapy; and
Assistance with dressing and bathing.
Id. ¶¶ 21-24. The instructions also noted that Abrante could not walk without crutches, which Lancaster General provided to Abrante upon discharge. Id. ¶ 26. The instructions were given to a Lancaster Police Department officer who transported Abrante to the Prison, and who gave the instructions to the Prison employee conducting Abrante's intake. Id. ¶ 29.
In addition to the written discharge instructions, Abrante's physician told Abrante that physical therapy was necessary for his injuries to heal properly and that the Prison would provide such therapy. Id. ¶ 25. Abrante's physician further informed him that he need to be housed in the Prison's Medical Housing Unit ("MHU") to receive appropriate care. Id. ¶ 27.
When he arrived at the Prison, Abrante required a wheelchair during intake and was "writhing in pain." Id. ¶¶ 30-33. A Prison employee also documented his medical condition during an intake interview. Id. ¶ 32. Nevertheless, the Prison assigned Abrante to a "Classification Block" that temporarily houses inmates until they receive a permanent housing assignment. Id. ¶¶ 34-35. Abrante remained in Classification Block housing for almost one month. Id. ¶ 37.
Abrante alleges that Classification Block housing was unsuitable for someone in his condition in several ways. Inmates in the classification block were confined to their cells for all but 30 minutes each day, but Abrante needed room to ambulate in order to recover from his injuries. Id. ¶¶ 38-39, 41. The Classification Block showers also were not equipped with grab bars, and were only accessible during the 30 minutes each day Abrante was allowed out of his cell. Id. ¶¶ 43-44. Abrante needed to bathe frequently in order to avoid infection, but fell several times while attempting to use the Classification Block showers, which aggravated his injuries. Id. ¶¶ 44-45. ...