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Hoye v. Allegheny County Medical Staff

United States District Court, W.D. Pennsylvania

February 28, 2018

NATHAN ROWSHAWN HOYE, Plaintiff,
v.
ALLEGHENY COUNTY MEDICAL STAFF through CORIZON; DEPUTY LATOYA WARREN; WARDEN ORLANDO HARPER, and WESTER PHYSC, Defendants.

          Nora Barry Fischer United States District Judge.

          REPORT AND RECOMMENDATION

          Cynthia Reed Eddy United States Magistrate Judge.

         I. RECOMMENDATION

         Before the Court are two motions to dismiss: (i) the Motion to Dismiss filed by Corizon Health, Inc. incorrectly identified in the caption as Allegheny County Medical Staff Dept. through Corizon (ECF No. 44) and (ii) the Motion to Dismiss filed by Latoya Warren and Orlando Harper (ECF No. 46). Plaintiff has filed responses in opposition. (ECF No. 56 and 58).

         After careful consideration of the parties' submissions, in light of the standards governing motions to dismiss set forth by the United States Supreme Court in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662, 668 (2009), and as articulated in United States Court of Appeals Third Circuit precedent, see, e.g., Connelly v. Lane Const. Corp., 809 F.3d 780, 790 (3d Cir. 2016), and for the following reasons, it is respectfully recommended that the motions be granted and this case be dismissed with prejudice.

         Also pending is Plaintiff's motion for injunctive relief (ECF No. 74) and supplement thereto (ECF No. 92), to which Defendants have responded in opposition. (ECF Nos. 82, 84, and 95). It is respectfully recommended that the motion be denied as Plaintiff has not demonstrated a likelihood of success on the merits of his claims.

         It is also recommended that Defendant Western Psychiatric Hospital, incorrectly identified in the caption as Wester Physc, be dismissed sua sponte pursuant to the Court's statutory responsibility under 28 U.S.C. §§ 1915 and 1915A, to review complaints filed by prisoners, identify cognizable clams, and sua sponte dismiss any claim that fails to state a claim upon which relief may be granted.

         II. REPORT

         A. Procedural and Factual Background

         Plaintiff Nathan Rowshawn Hoye (“Plaintiff” or “Hoye”) initiated this lawsuit while he was a state prisoner in the custody of the Pennsylvania Department of Corrections (“DOC”). He alleges that he has been diagnosed with gynecomastia, which led to a diagnosis of heart failure, as a result of being prescribed Risperdal while he was incarcerated at the Allegheny County Jail (“ACJ”) from May 2, 2013, until May 7, 2015.

         This case was initiated on January 5, 2017, when the court received Plaintiff's complaint. (ECF No. 1). Because the complaint was received without a filing fee or the forms required to proceed in forma pauperis, the case was statistically closed. After some intervening proceedings regarding the payment of the filing fee, the complaint was formally filed on March 13, 2017. (ECF No. 8). Thereafter, Plaintiff filed two supplements to his complaint. (ECF Nos. 12 and 24). Named as defendants were the Allegheny County Jail and Warden Orlando Harper and Deputy Warden Latoya Warren.

         Defendants filed motions to dismiss in May of 2017, and Plaintiff was ordered to respond to the motions by June 27, 2017. (ECF No. 30). On June 6, 2017, Plaintiff notified the Court that he had been transferred to a new facility and was unable to respond to the motions as he was not in possession of his legal papers. (ECF No. 31). In light of this development, the Court administratively closed the case on June 14, 2017, and instructed Plaintiff to advise the Court immediately when he would be able to respond to the outstanding motions. (ECF No. 32). On August 31, 2017, Plaintiff notified the Court that he had been “permanently” transferred to SCI-Houtzdale and Plaintiff was granted leave until September 21, 2017, to file either a response to the motions to dismiss or an amended complaint.

         On September 13, 2017, Plaintiff filed an Amended Complaint (ECF No 40) in which he added two additional defendants: Kathryn M. Kenyon, Esquire, [1] and Western Psych. The amended complaint supersedes the original complaint and remains the operative pleading in this case.

         In the amended complaint, Plaintiff explains that two months before he was incarcerated at ACJ, he was either hospitalized or receiving treatment at Western Psychiatric Hospital in Oakland, PA, and Risperdal was prescribed to him for treatment of his anxiety and other unspecified mental health condition. On May 2, 2013, he began his incarceration at ACJ, where his prescription for Risperdal was continued. Plaintiff remained in ACJ for approximately two years until on or about May 7, 2015, when he was transferred into state custody. On May 14, 2015, during a physical examination at SCI Camp Hill, the medical department “noticed” Plaintiff had gynecomastia. In his amended complaint, Plaintiff avers that he first complained about the gynecomastia condition to ACJ officials in July and August of 2017, when he was returned on writ to ACJ. He states that he did not complain about the gynecomastia during his incarceration at ACJ from May 2, 2013 ...


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