United States District Court, D. Delaware
JASON T. O'NEIL, Plaintiff,
DR. JACKSON, etal., Defendants.
T. O'Neil, James T. Vaughn Correctional Center, Smyrna,
Delaware. Pro Se Plaintiff.
ANDREWS, U.S. DISTRICT JUDGE.
Jason T. O'Neil, an inmate at the James T. Vaughn
Correctional Center in Smyrna, Delaware, filed this action
pursuant to 42 U.S.C. § 1983 and raises supplemental
medical negligence claims. (D.I. 3). He appears pro se
and has been granted leave to proceed in forma
pauperis. (D.I. 10). The original Complaint was
dismissed, and Plaintiff was given leave to amend. (D.I. 12,
13). Plaintiff timely filed an Amended Complaint and has
renewed a request for counsel. (D.I. 16, 17). The Court
screens and reviews the Amended Complaint pursuant to 28
U.S.C. § 1915(e)(2) and §1915A(a).
has history of swallowing objects which has resulted in
numerous hospitalizations and surgeries. From March 26
through April 1, 2017, Plaintiff complained to Defendant Dr.
Jackson that he was having chest pain. (D.I. 16 at ¶ 2).
Plaintiff attributed the pain to a paperclip he had
swallowed. (Id.). Dr. Jackson told Plaintiff it was
muscular pain. (Id.). Plaintiff alleges Dr. Jackson
refused to adequately treat him. An x-ray taken in late March
showed the paper clip. (Id.).
April 4, 2017, Defendant Dr. Herewood was making rounds. When
he reached Plaintiffs cell, Plaintiff told him about the
x-ray that showed the paperclip Plaintiff had ingested and
that was lodged in Plaintiffs chest. (Id. at ¶
3). Dr. Herewood told Plaintiff there was no paperclip and
that Plaintiff had allergies. (Id.). Later that day,
Plaintiff was in great pain and asked for help from the
nursing staff. He alleges he was ignored for hours and was
finally told that nothing could be done. (Id. at
April 5, 2017, Plaintiff was taken to see Defendant Dr. Nuol
for an outside surgical consult appointment. (Id. at
¶¶ 5-6). Plaintiff alleges that Dr. Nuol told him
to "ingest more objects and at the end of the month she
would remove [them]," and she called Plaintiff stupid
and a fool. (Id. at ¶ 6).
April 8, 2017, while Plaintiff was on suicide watch, he asked
the nursing staff for pain medication. (Id. at
¶ 7). Defendant Nurse Cory Green told Plaintiff she was
not going to give him anything and for him to "stay in
pain." (Id.). Plaintiff alleges that he was in
so much pain the next day that he was curled up on the floor
yelling for help. (Id. at ¶ 8). When nursing
staff, including Nurse Green, arrived at his cell, Plaintiff
was told there was nothing they could do. (Id.).
Next, Plaintiff was told that Nurse Green was getting
Plaintiff medication and that was all they could do.
(Id. at ¶ 9). Plaintiff was told that Dr.
Jackson would be there in the morning. (Id.).
April 10, 2017, Plaintiff was transported to Kent General
Hospital where physicians removed foreign objects, including
the paperclip. (Id. at ¶ 11). Plaintiff alleges
that Dr. Jackson neglected his medical needs for well over a
week. (Id. at ¶ 12).
24, 2017, Plaintiff swallowed a foreign object and was
admitted to Christiana Hospital in critical condition and
underwent emergency surgery. (Id. at ¶¶
14-15). Plaintiff remained at Christiana Hospital for three
months. (Id. at¶16). He complains that while
hospitalized, handcuffs were used to tie him to the hospital
bed. (Id.). Plaintiff returned to the VCC in
September and was placed on a medical hold by Dr. Jackson.
(Id. at ¶¶ 18-19). Plaintiff alleges that
medical staff neglected his medical condition. (Id.
Plaintiff's return to the general population in January
2018, he was assaulted by six inmates. (Id. at
¶ 21). He alleges VCC failed to protect him from harms.
(Id.). Plaintiff alleges that Dr. Jackson was
deliberately indifferent in discharging Plaintiff from the
prison hospital. (Id. at ¶ 22).
alleges it was neglect and deliberate indifference by
"Mental Health" to keep placing Plaintiff in the
same environment where he could continue to self-harm
himself. (Id. at ¶ 17). Defendant Lezley Sexton
was the Mental Health director. (Id.). Plaintiff
alleges that Sexton is aware of the psychological
deterioration that could occur if Plaintiff is housed in the
Security Housing Unit. (Id. at ¶ 25).
alleges Dr. Jackson told the nursing staff to withhold
Plaintiff's colostomy bag supplies so fecal material
would run down his legs. (Id. at ¶ 20).
Plaintiff also alleges that due to a shortage of medical
supplies, his colostomy bag broke on August 23, 2018, and
fecal material ran down his leg. (Id. at ¶ 23).
Plaintiff alleges that Defendant Kim Long ...