Campbell v. New York City et al

Filing 42

MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: No party has objected to either R&R in this case. The Court has reviewed the record and, finding no clear error, hereby adopts Magistrate Judge Scanlon's two R&Rs as the opinions of the Court. Accordingly, the Court recognizes Campbell's second amended complaint has having been amended to include claims against the medical escort officers, and grants the Defendants' motion to dismiss all claims with exceptions (see order for details). Ordered by Chief Judge Carol Bagley Amon on 8/22/2014. (Fernandez, Erica)

FILED

IN CLERK'S OFFICE
U.S. DISTRICT COURT En.NY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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CLIVE CAMPBELL,
Plaintiff,

AUG222014

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BROOKLYN OFFICE
NOT FOR PUBLICATION
MEMORANDUM & ORDER
12-CV-02179 (CBA) (VMS)

- against NEW YORK CITY, POLICE OFFICER OMAR
RACKOFF, POLICE SERGEANT MICHAEL
MALONE, JOHN DOE #2, and OFFICER
GEOFFREY LEWIS,
Defendants.

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AMON, Chief United States District Judge.

On May 1, 2012, plaintiff Clive Campbell commenced this civil rights action against the
City ofNew York, the New York City Police Department ("NYPD"), the New York City
Department of Correction ("DOC"), LIU Long Island University Hospital, Police Officer Omar
Rackoff, Police Sergeant Michael Malone, and three John Doe defendants. Campbell brought
claims pursuant to 42 U.S.C. § 1983 and the Fourteenth Amendment, alleging that the defendants
were deliberately indifferent to his medical needs when he was arrested and thereafter detained
for several days by the NYPD and DOC. Campbell principally alleges that the defendants
deprived him of eye drops that he needed to take several times per day to treat his glaucoma, and
that he was wrongfully prescribed another type of eye drop notwithstanding his known allergy to
that medication. By order dated July 23, 2012, the Court dismissed, pursuant to 28 U.S.C.

§ 1915(e)(2)(B), all claims against the NYPD, DOC, LIU Long Island University Hospital, and
John Doe # 1, who was alleged to be an attending physician at the hospital.
On March 7, 2013, Campbell, with the Court's permission, filed a second amended
complaint. The remaining defendants subsequently filed a motion to dismiss the second

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amended complaint pursuant to Fed. R. Civ. P. 12(b)(6). The Court referred the matter to
Magistrate Judge Vera M. Scanlon for report and recommendation. On January 27, 2014,
Magistrate Judge Scanlon issued a Report and Recommendation (the "First R&R"),
recommending that the Court (1) dismiss pursuant to Fed. R. Civ. P. 12(b)(6) Campbell's claims
against Officer Rackoff, Sergeant Malone, and the City of New York, (2) dismiss pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) the claims against Officer Geoffrey Lewis, whom the City had
previously identified as John Doe #3, (3) dismiss pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) all
claims against John Doe #2, an unidentified Rikers Island attending physician, with the
exception of claims against him regarding the alleged prescription of a medicine to which
Campbell had a known and serious allergy, (4) construe Campbell's papers opposing the motion
to dismiss as amending his second amended complaint to include claims of deliberate
indifference against the police officers who escorted him to Long Island College Hospital and
allegedly ignored a doctor's instructions to transport him to the VA Hospital (the "medical escort
officers"), and (5) allow to go forward a claim against those medical escort officers for deliberate
indifference to Campbell's medical needs.
No party filed objections to the First R&R. However, on February 18, 2014, Defendants
filed a timely motion for reconsideration of the First R&R, asking Magistrate Judge Scanlon to
reconsider that portion of the First R&R that recommended allowing the claims against John Doe
#2 and the medical escort officers to proceed. Campbell opposed the motion, and, on May 7,
2014, Magistrate Judge Scanlon issued a Report and Recommendation (the "Second R&R")
recommending that the Court deny Defendants' motion for reconsideration. No party objected to
the Second R&R.

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When deciding whether to adopt an R&R, a district court "may accept, reject, or modify,
in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C.
§ 636(b)(l). To accept those portions of the R&R to which no timely objection has been made,
"a district court need only satisfy itself that there is no clear error on the face of the record."
Jarvis v. N. Am. Globex Fund, L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (internal
quotation marks omitted). No party has objected to either R&R in this case. The Court has
reviewed the record and, finding no clear error, hereby adopts Magistrate Judge Scanlon's two
R&Rs as the opinions of the Court. Accordingly, the Court recognizes Campbell's second
amended complaint has having been amended to include claims against the medical escort
officers, and grants the Defendants' motion to dismiss all claims with the exception of (I) claims
of deliberate indifference to Campbell's medical needs brought against John Doe #2, insofar as
those claims are based on his alleged prescription of a medication to which Campbell had a
known and serious allergy, and (2) claims of deliberate indifference to Campbell's medical needs
brought against the medical escort officers, insofar as those claims are premised on those
officers' alleged failure to transport Campbell to the VA Hospital to receive medication in
accordance with the instructions of the Long Island College Hospital doctors. Within ten days of
this Order, the Defendants must identify John Doe #2 and the medical escort officers.
See Valentin v. Dinkins, 121 F.3d 72, 75-76 (2d Cir. 1997).
SO ORDERED.

Dated:

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Brooklyn, New York
August
2014

s/Carol Bagley Amon

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