United States District Court, D. Delaware
Archy, James T. Vaughn Correctional Center, Smyrna, Delaware;
Pro Se Plaintiff.
Sabesan, Esquire, White & Williams, Wilmington, Delaware,
Counsel for Defendants.
ANDREWS, U.S. District Judge
Aaron Archy, an inmate at the James T. Vaughn Correctional
Center, filed this action pursuant to 42 U.S.C. § 1983.
He proceeds pro se and has been granted leave to
proceed in forma pauperis. The Court screened the
complaint and amended complaint on November 4, 2016, and
identified cognizable and non-frivolous clams. (See D.I. 9).
Defendants move for dismissal. (D.I. 17). Plaintiff opposes.
(D.I. 18). Briefing on the matter is complete
was injured on June 11, 2014, during a fight with another
inmate. (D.I. 4 at ¶ 9). His right hand was swollen, he
had excruciating pain, and one of his knuckles was not
visible. (Id. at ¶¶ 12, 13). After he used
his left hand to feel his knuckle, he concluded his knuckle
was fractured. (Id. at ¶ 13). That day he was
examined by a nurse who told him there was no fracture and
then he was escorted to "the hole." (Id.
at ¶¶ 15-23).
next morning, the pain had worsened and the hand was badly
swollen. (Id. at ¶ 2). Plaintiff submitted a
sick call slip on June 13, 2014 and, on June 14, 2014, was
seen by the same nurse who had examined him on the day he was
injured. (Id. at ¶¶ 25-26). Again, she
told Plaintiff there was no fracture, but prescribed pain
medication for seven days. (Id. at ¶¶
submitted another sick call slip on July 4, 2014 and, the
next day, saw the same nurse who granted Plaintiff's
request for an x-ray. (Id. at ¶¶ 30-32).
Plaintiff's hand was x-rayed one month after he was
injured. (Id. at ¶ 33). When Plaintiff had not
been told the x-ray results by August 27, 2014, he submitted
a sick call slip. (Id. at ¶¶ 34-35). The
next day, the same nurse told Plaintiff he would be seen by a
physician the next week to discuss the x-ray results.
(Id.). He was not.
September 6, 2014, Plaintiff submitted a medical grievance
for proper medical attention, and a hearing was held on
September 25, 2014. (Id. at ¶¶ 38-39). The
grievance investigation found that Dr. DesRosiers had
reviewed the x-ray results on August 21, 2014 and ordered
that Plaintiff be seen by an outside medical
provider. (Id. at ¶ 42; Ex. C).
Plaintiff was not seen by an outside medical provider.
September 26, 2014, a repeat x-ray was ordered (apparently as
result of the investigation) and Plaintiff was scheduled to
see an outside medical provider. (Id.) The repeat
x-ray was taken on September 29, 2014, and at that time
Plaintiff was told that the first x-ray had been misplaced,
but found, and the two x-rays would be compared.
(Id. at ¶¶ 44, 45).
October 9, 2014, Plaintiff was seen by Dr. DesRosiers who
told him that, based upon the x-rays, the knuckle was
fractured and had healed wrong and out of place, it would
remain that way, and there was nothing she could do to fix
the deformed knuckle. (Id. at ¶¶ 46-50).
Dr. DesRosiers referred Plaintiff to an outside medical
specialist. Plaintiff saw the specialist on October 16, 2014,
and was told that the fracture had not healed properly, and
the deformity and disfigurement would not have resulted had
Plaintiff been treated in a timely manner. (Id. at
moves for dismissal (D.I. 9) pursuant to Fed.R.Civ.P.
12(b)(5) and (6) on the grounds that: (1) Dr. DesRosiers was
not timely and properly served; and (2) Plaintiff fails to
state claims upon which relief may be granted. (D.I. 17).