United States District Court, W.D. Pennsylvania
REPORT AND RECOMMENDATION
LISA PUPO LENIHAN, Magistrate Judge.
For the following reasons, it is respectfully recommended that Defendant Gilmore's Motion to Dismiss (ECF No. 11) be denied.
Plaintiff Jamar Wilson is an inmate in the custody of the Pennsylvania Department of Corrections and is currently confined at SCI-Greene. He filed this lawsuit against SCI-Greene Superintendent Robert Gilmore and numerous John/Jane Does. In sum, his Complaint alleges that correctional officers broke his arm while applying handcuffs following an incident with another inmate that occurred on September 20, 2014. Plaintiff asserts Eighth Amendment claims for excessive force, failure to intervene, deliberate indifference, failure to train and supervise, and failure to screen and train. He also asserts state law assault and battery and intentional infliction of emotional distress claims. Only the failure to train and supervise claim is asserted against Superintendent Gilmore who has filed a Motion to Dismiss the Complaint for failure to state a claim.
A. Plaintiff's Allegations
Plaintiff's first set of allegations is entitled "Unnecessary Use of Force and Restraints". (ECF No. 3 at ¶¶ 10-19.) Plaintiff alleges that on September 20, 2014, he and another prisoner had a verbal confrontation that escalated into a physical fight. Id. at ¶ 10. The fight was broken up by several correctional officers, who then handcuffed him. Id. at ¶¶ 11-12. Plaintiff alleges that the handcuffs were too tight, causing him pain and pressure on the bones of his right and left wrist and an obstruction to his circulation that prevented him from moving his hands. Id. at ¶ 13. Plaintiff complained to defendants John Doe #1 and John Doe #2, but John Doe #2 told him to "shut up" and then used "armbar pressure" that caused Plaintiff's right forearm to snap. Id. at ¶¶ 14-15. He was then brought to medical. Id. at ¶¶ 16, 19. Plaintiff does not make any allegations in this section concerning Superintendent Gilmore.
Plaintiff's second set of allegations is entitled "Denial of Serious Medical Need - Unnecessary and Wanton Infliction of Pain." Id. at ¶¶ 20-27. Plaintiff alleges that he explained to defendant Nurse Jane Doe that his arm had snapped because of the handcuffs and the mistreatment from John Does #1 and #2. Id. at ¶¶ 20, 22. After hearing this, Nurse Doe took him into the medical examination room. Id. at ¶ 23. Plaintiff told her that he was in pain but John Does #1 and #2 both told him to keep his mouth shut and John Doe #2 tightened his cuffs every more. Id . Shortly thereafter, Plaintiff was taken to the Restricted Housing Unit ("RHU"). Id. at ¶ 25. By this point, the bone was allegedly protruding from his arm. Id. at ¶ 26. There are no allegations in this section concerning Superintendent Gilmore.
Plaintiff's third set of allegations is entitled "Unnecessary and Wanton Infliction of Pain." Id. at ¶¶ 28-60. Plaintiff states that he was left in the RHU despite his broken arm and his requests to see medical. Id. at ¶¶ 28-30. He was told to put in a sick call request. Id. at ¶¶ 32-36. Around 6:30 p.m. that evening, Plaintiff was taken to an isolated cell where he was questioned about the fight by Captain Mitchell. Id. at ¶¶ 38-39. Plaintiff informed Captain Mitchell that he needed medical, and, at that point, a nurse came with an ice pack and told him to put in a sick call. Id. at ¶¶ 40-43. The pattern of requests for medical and instructions to put in a sick call continued during the following days, during which time Plaintiff alleges he was in terrible pain. Id. at ¶¶ 45-49. He saw Dr. Park two days later, on September 22, 2014, but Dr. Park told him he was fine. Id. at ¶¶ 51-58. Finally, he alleges that a John Doe doctor saw him on September 24, 2014 and ordered an x-ray. Id. at ¶ 60. There are no allegations in this section concerning Superintendent Gilmore.
Plaintiff's fourth set of allegations is entitled "Removal from FA 8 Cell". Id. at ¶¶ 61-84. Plaintiff alleges that on September 24, 2014, he was taken for x-rays, which allegedly showed that he had a broken arm. Id. at ¶¶ 61-62. He was then placed under the care of Dr. Jin, who manually and painfully snapped his bone back into place but refused to let him see an outside doctor. Id. at ¶¶ 65-72. Dr. Jin allegedly then placed Plaintiff back into the RHU with no pain medication. Id. at ¶¶ 78-80. Finally, on September 29, 2014, Plaintiff received pain medication. Id. at ¶ 82. He filed Grievance 531045 on the matter on October 8, 2014. Id. at ¶ 84. There are no allegations in this section concerning Superintendent Gilmore.
Plaintiff's fifth set of allegations is entitled "Application of Restraints". Id. at ¶¶ 93-97. Plaintiff alleges that at the time the fight was broken up on September 20, 2014, defendants John Doe #1 and #2 applied restraints to him and used force against him to punish him and cause him pain in contradiction to prison policy. Id . There are no allegations in this section concerning Superintendent Gilmore.
Plaintiff's sixth set of allegations is entitled "Medical Need". Id. at ¶¶ 93-97. In this section, Plaintiff reiterates his earlier allegations that he was not provided needed medical care. Id . Again, there are no allegations in this section concerning Superintendent Gilmore.
Plaintiff's seventh set of allegations is entitled "Conduct of Supervisors". Id. at ¶¶ 98-116. Plaintiff alleges that John Doe #3, who was the shift commander on the afternoon of September 20, 2014, had the duty to ensure that the officers under his supervision, including John Does #1 and #2, complied with the DOC's policies on restraints, use of force and access to medical care. Id. at ¶¶ 98-99. He claims that John Doe #3's failure to do this was a reason why John Does #1 and #2 applied unnecessary use of force that caused his arm to break and also a reason why John Doe #1 did not intervene when John Doe #2 broke his arm. Id. at ¶¶ 100-102. He also claims that John Doe #3 tolerated and acquiesced in previous incidents when officers under his supervision used excessive force and did not provide inmates with medical care who needed it. Id. at ¶¶ 103-104. With respect to Superintendent Gilmore, Plaintiff alleges that he failed to provide adequate training and supervision to ensure that prison policies are followed, specifically regarding the use of force policy, the policy regarding access to medical care and the policy regarding application of restraints. Id. at ¶ 107. He also alleges that Superintendent Gilmore knew of occasions where these policies were violated, but tolerated, encouraged, and acquiesced in such violations and ignored prisoner complaints about them. Id. at ¶¶ 111-112. He then alleges that John Does #4-6 failed to adequately screen and/or train John Does #1-3 and Jane Doe. Id. at ¶ 115.
Plaintiff states that he suffered severe pain and emotional distress because of the above allegations. Id. at ¶¶ 117-21. He also states that no investigation into his allegations ever ...