Flamer v. Howard Young Correctional Facility
Filing
22
MEMORANDUM OPINION - Signed by Judge Richard G. Andrews on 11/20/14. (rwc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN FLAMER,
Plaintiff,
v.
: Civ. No. 14-797-RGA
HOWARD R. YOUNG CORRECTIONAL
INSTITUTION, et al.,
Defendants.
John Flamer, Howard R. Young Correctional Institution, Wilmington, Delaware,
Pro Se Plaintiff.
MEMORANDUM OPINION
November 1P , 2014
Wilmington, Delaware
w~~
Plaintiff John Flamer, an inmate at the Howard R. Young Correctional Institution,
Wilmington, Delaware, filed this action pursuant to 42 U.S.C. § 1983. He appears pro
se and has been granted leave to proceed in forma pauperis. (D.I. 4). The Court
dismissed the original complaint and gave Flamer leave to amend. The Court proceeds
to review and screen the Amended Complaint (D.I. 19, 21) pursuant to 28 U.S.C.
§ 1915(e)(2)(b) and § 1915A(a). The Court will also address Plaintiff's motion for
reconsideration of the Court's September 11, 2014 Order.
Plaintiff alleges that on May 7, 2014, he fell from his top bunk injuring his back,
neck, and shoulders and is unable to walk without assistance. He also suffers from a
pituitary macroadenoma tumor. Plaintiff claims that he is spitting blood, there is blood
in his urine, and he is almost blind in one eye. Plaintiff alleges that after the incident, he
advised Defendants Warden Steven Wesley and Deputy Warden Mark Emig of his
medical condition. They placed him on the top-bunk and indicated they "didn't care."
Plaintiff submitted a grievance on the issue. The grievance was heard by
Defendant Dennis Russell, head medical provider and Lt. Daniels. It appears that the
grievance was denied as Plaintiff was not assigned a lower bunk. Plaintiff fell again
during August 2014. He alleges that the head medical provider refused to address the
issue even though Dr. Carla indicated that Plaintiff was to be assigned a bottom bunk.
Plaintiff alleges that Defendants Lt. Evans, Lt. Daniels, and Lt. Fields patrolled
the medical pod where Plaintiff was housed. While not entirely clear, it appears that
they were with the Warden and Deputy Warden, and witnessed his top bunk
assignment. He seeks compensatory damages and immediate medical attention.
Screening of the Complaint
A federal court may properly dismiss an action sua sponte under the screening
provisions of 28 U.S.C. § 1915(e)(2)(B) and§ 1915A(b) if "the action is frivolous or
malicious, fails to state a claim upon which relief may be granted, or seeks monetary
relief from a defendant who is immune from such relief." Ball v. Famig/io, 726 F.3d 448,
452 (3d Cir. 2013); see a/so 42 U.S.C. § 1997e (prisoner actions brought with respect
to prison conditions). The Court must accept all factual allegations in a complaint as
true and take them in the light most favorable to a pro se plaintiff. See Phillips v.
County of Allegheny, 515 F.3d 224, 229 (3d Cir. 2008); Erickson v. Pardus, 551 U.S.
89, 93 (2007). Because Plaintiff proceeds prose, his
pleadin~~
is liberally construed
and his Complaint, "however inartfully pleaded, must be held to less stringent standards
than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. at 94 (citations
omitted).
An action is frivolous if it "lacks an arguable basis either in law or in fact."
Neitzke v. Williams, 490 U.S. 319, 325 (1989). Under 28 U.S.C. § 1915(e)(2)(B)(i) and
§ 1915A(b)(1 ), a court may dismiss a complaint as frivolous if it is "based on an
indisputably meritless legal theory" or a "clearly baseless" or ""fantastic or delusional"
factual scenario. Neitzke, 490 U.S. at 327-28; Wilson v. Rackmill, 878 F.2d 772, 774
(3d Cir. 1989); see, e.g., Deutsch v. United States, 67 F.3d 1080, 1091-92 (3d Cir.
1995) (holding frivolous a suit alleging that prison officials took an inmate's pen and
refused to give it back).
The legal standard for dismissing a complaint for failure to state a claim pursuant
to § 1915(e )(2)(B)(ii) and § 1915A(b )( 1) is identical to the legal standard used when
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ruling on Rule 12(b)(6) motions. See Tourscher v. McCul/oug/1, 184 F.3d 236, 240 (3d
Cir. 1999). However, before dismissing a complaint or claims for failure to state a claim
upon which relief may be granted pursuant to the screening provisions of 28 U.S.C. §§
1915 and 1915A, the Court must grant Plaintiff leave to amend his complaint unless
amendment would be inequitable or futile. See Grayson v. Mayview State Hosp., 293
F.3d 103, 114 (3d Cir. 2002).
A complaint may be dismissed only if, accepting the well-pleaded allegations in
the complaint as true and viewing them in the light most favorable to the plaintiff, a
court concludes that those allegations "could not raise a claim of entitlement to relief."
Bell At!. Corp. v. Twombly, 550 U.S. 544, 558 (2007). Though "detailed factual
allegations" are not required, a complaint must do more than simply provide "labels and
conclusions" or "a formulaic recitation of the elements of a cause of action." Davis v.
Abington Mem'I Hosp., 765 F.3d 236, 241 (3d Cir. 2014) (quoting Twombly, 550 U.S. at
555). In addition, a complaint must contain sufficient factual matter, accepted as true,
to state a claim to relief that is plausible on its face. See Williams v. BASF Catalysts
LLC, 765 F.3d 306, 315 (3d Cir. 2014).
To determine whether a complaint meets the pleading standard as set forth in
Twombly and Iqbal, the Court must: (1) outline the elements a plaintiff must plead to a
state a claim for relief; (2) peel away those allegations that am no more than
conclusions and thus not entitled to the assumption of truth; and (3) look for well-pied
factual allegations, assume their veracity, and then "determim:i whether they plausibly
give rise to an entitlement to relief." Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. 2012)
(internal citations omitted).
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As in the original Complaint, the Amended Complaint names three defendants
who are immune from suit by reason of the Eleventh Amendment: HRYCI, its medical
department, and its security department. For the reasons discussed in the Court's
September 11, 2014 Memorandum Opinion and Order (D.I. 1G, 17), they are dismissed
as defendants pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i) and (iii) and§§ 1915A(b)(1)
and (2).
Plaintiff raises claims against Russell and Daniels, it appears, because they
denied a grievance submitted by Plaintiff seeking a bottom bunk assignment. The filing
of prison grievances is a constitutionally protected activity. Robinson v. Taylor, 204 F.
App'x 155, 157 (3d Cir. 2006). To the extent that Plaintiff bases his claims upon his
dissatisfaction with the grievance procedure or denial of his grievance, the claims fail
because an inmate does not have a "free-standing constitutionally right to an effective
grievance process." Woods v. First Corr. Med., Inc., 446 F. App'x 400, 403 (3d Cir.
2011) (citing Flick v. Alba, 932 F.2d 728, 729 (8th Cir. 1991 )). Notably, the denial of
grievance appeals does not in itself give rise to a constitutional claim as Plaintiff is free
to bring a civil rights claim in District Court. Winn v. Department of Corr., 340 F. App'x
757, 759 (3d Cir. 2009) (citing Flick v. Alba, 932 F.2d at 729). Plaintiff cannot maintain
a constitutional claim based upon his perception that his grievance was denied, or that
the grievance process is inadequate. Therefore, the Court will dismiss the grievance
claims against Russell and Daniels as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)
and § 1915A(b)(1 ).
To the extent Plaintiff attempts to raise medical claims,, he has failed. In order to
set forth a cognizable claim, an inmate must allege (i) a serious medical need and (ii)
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acts or omissions by prison officials that indicate deliberate indifference to that need.
Estelle v. Gamble, 429 U.S. 97, 104 (1976); Rouse v. Plantier, 182 F.3d 192, 197 (3d
Cir. 1999). The Amended Complaint does not contain allegations that rise to the level
of a medical needs claim and will be dismissed as frivolous pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(i) and§ 1915A(b)(1).
Plaintiff, however, appears to have raised cognizable conditions of confinement
claims against Defendants Emig, Wesley, Russell, Daniels, Evans, and Fields on the
bunk assignment issue. He will be allowed to proceed against the foregoing
Defendants.
Motion for Reconsideration
Plaintiff moves for reconsideration of the Court's September 11, 2014
Memorandum Opinion and Order. (See D.I. 16, 17, 20). The purpose of a motion for
reconsideration is to "correct manifest errors of law or fact or to present newly
discovered evidence." Max's Seafood Cafe ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d
669, 677 (3d Cir. 1999). "A proper Rule 59(e) motion ... must rely on one of three
grounds: (1) an intervening change in controlling law; (2) the availability of new
evidence; or (3) the need to correct a clear error of law or fact or to prevent manifest
injustice. Lazaridis v. Wehmer, 591 F.3d 666, 669 (3d Cir. 20'10) (citing N. River Ins.
Co. v. CIGNA Reinsurance Co., 52 F.3d 1194, 1218 (3d Cir. 1995).
The Court finds that Plaintiff has failed to demonstrate any of the aforementioned
grounds to warrant a reconsideration of the Court's September 11, 2014 Memorandum
Opinion and Order. (D.I. 17, 18). Therefore, the Court will deny the motion for
reconsideration. (D.I. 20).
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Conclusion
For the above reasons, Plaintiff will be allowed to procE!ed on the conditions of
confinement claims against Defendants Emig, Wesley, Russell, Daniels, Evans and
Fields on the bunk assignment issue. All other Defendants and claims will be
dismissed as frivolous and based upon Defendants' immunity from suit pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(i) and (iii) and 1915A(b)(1) and (2). Plaintiff's motion for
reconsideration will be denied. (D.I. 20).
An appropriate order will be entered.
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