United States District Court, E.D. Pennsylvania
KPALAGA J. JALLAH Plaintiff, pro se
BUCKS COUNTY CORRECTIONAL FACILITY, et al. Defendants
I. QUIÑONES ALEJANDRO, J.
Kpalaga J. Jallah (“Plaintiff”), an inmate at the
Bucks County Correctional Facility, filed a civil rights
action pursuant to 42 U.S.C. §1983
(“§1983”) against several named individuals,
in which he alleges that these individuals violated his
constitutional rights by acting with deliberate indifference
to his serious medical needs while incarcerated. [ECF 32].
Plaintiff has also asserted these same §1983 claims
against the correctional facility.
this Court are three separate motions to dismiss
filed pursuant to Federal Rule of Civil Procedure
(“Rule”) 12(b)(6), each seeking the dismissal of
Plaintiff's second amended complaint for failure to state
a claim on which relief can be granted; to wit: a
motion by Warden Terrance P. Moore (“Defendant Warden
Moore”), Victoria Gesner, M.D. (“Defendant Doctor
Gesner”), and Britanie Grandinette, PA-C
(“Defendant Grandinette”), [ECF 38]; a motion by
the Bucks County Correctional Facility (“Defendant
BCCF”) and Deputy Warden Lillian Budd (“Defendant
Deputy Warden Budd”), [ECF 42]; and a motion by Robert
Takei, M.D. (“Defendant Doctor Takei”), [ECF 45],
(collectively, “Defendants”). Plaintiff has filed
responses opposing two of the motions to
dismiss. [ECF 43, 44]. The issues in the motions to
dismiss have been fully briefed by the parties and,
therefore, are ripe for disposition.
reasons stated herein, Defendants' motions to dismiss are
noted, Plaintiff asserts §1983 claims premised upon
Defendants' alleged deliberate indifference to his
serious medical needs. When ruling on a motion to dismiss,
this Court must accept as true all factual allegations in
Plaintiff's operative complaint, here the second amended
complaint, and construe these facts in the light most
favorable to Plaintiff. Fowler v. UPMC
Shadyside, 578 F.3d 203, 210-11 (3d Cir. 2009)
(citing Ashcroft v. Iqbal, 556 U.S. 662, 677
(2009)). The following is a summary of the allegations in
Plaintiff's second amended complaint; to wit:
Plaintiff is, and at all relevant times, was an inmate at the
Bucks County Correctional Facility. (Sec. Am. Compl. at p.
1). The Defendants are: the Bucks County Correctional
Facility; Warden Terrance P. Moore; Deputy Warden Lillian
Budd; Medical Physician Victoria Gessner; Physician Assistant
Britanie Grandinett; and Dr. Robert Takei. (Id. at
On October 23, 2014, Plaintiff fell and broke his right wrist
while playing basketball at the Bucks County Correctional
Facility. (Id. at p. 3). The next morning, Plaintiff
underwent an x-ray performed by a physician. The x-ray showed
an acute angulated and minimally displaced fracture of the
distal radius and a minimally displaced acute fracture of the
ulnar styloid. (Id.). Approximately three hours
after the x-ray, Plaintiff met with Defendant Grandinette,
who provided Plaintiff with the results from the x-ray, and
who told him that he needed an operation and that he
“should be receiving the operation in a few
days.” (Id.). Plaintiff alleges the surgery
did not take place for “weeks.” (Id.).
Defendant Grandinette also told Plaintiff that he did not
need a second opinion before his operation. (Id.).
Plaintiff alleges that he requested medical care for pain,
but that none was provided. (Id. at p. 3). Plaintiff
also alleges that he received a “delayed
operation” from orthopedic doctor, Defendant Doctor
Takei, (id. at p. 3), and that he was denied
physical therapy, which Defendant Doctor Takei recommended.
(Id. at p. 5).
Medical records attached to Plaintiff's amended complaint
indicate that Plaintiff was prescribed Vicodin and ibuprofen
for pain and that he was placed on restrictions to deter
further injuries to his wrist, which included, no gym, no
work, low bunk, and low tier. (Sec. Am. Compl., Exs. at p.
13). He was also scheduled for an orthopedic consultation.
Plaintiff filed a grievance complaining of his medical care.
(Amend. Compl. at p. 4). Plaintiff alleges that Defendant
BCCF responded that “the medical department will handle
it, which they did not.” (Id.). Plaintiff then
wrote to Defendants Warden Moore and Deputy Warden Budd, but
they did not respond to Plaintiff's request to appeal.
considering a Rule 12(b)(6) motion to dismiss for failure to
state a claim, the court “must accept all of the
complaint's well-pleaded facts as true, but may disregard
any legal conclusions.” Fowler, 578 F.3d at
210-11 (citing Iqbal, 556 U.S. at 677). The court
must determine whether the plaintiff has pled facts
sufficient to show a plausible entitlement to relief.
Fowler, 578 F.3d at 211. If the pled facts only
allow the court to infer the mere possibility of
misconduct, then the complaint has only alleged, and not
shown, that the plaintiff is entitled to relief.
Iqbal, 556 U.S. at 679 (citing Fed.R.Civ.P. 8(a))
(emphasis added). Thus, the plaintiff “must allege
facts sufficient to ‘nudge [his or her] claims across
the line from conceivable to plausible.'”
Phillips v. Cnty. of Allegheny, 515 F.3d 224, 234
(3d Cir. 2008) (quoting Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007)). Mere “labels
and conclusions, and a formulaic recitation of the ...