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O'Neil v. Jackson

United States District Court, D. Delaware

November 19, 2018

JASON T. O'NEIL, Plaintiff,
v.
DR. JACKSON, etal., Defendants.

          Jason T. O'Neil, James T. Vaughn Correctional Center, Smyrna, Delaware. Pro Se Plaintiff.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE.

         Plaintiff 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.[1] (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).

         BACKGROUND

         Plaintiff 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.).

         On 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 ¶ 4).

         On 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).

         On 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.).

         On 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).

         On June 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. at ¶19).

         Upon 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).

         Plaintiff 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).

         Plaintiff 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 ΒΆ 23). Plaintiff alleges that Defendant Kim Long ...


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