United States District Court, D. Delaware
TYRONE J. MORRIS, Plaintiff,
DANA METZGER, et al., Defendants.
J. Morris, James T. Vaughn Correctional Center, Smyrna,
Delaware. Pro Se Plaintiff.
ANDREWS, U.S. DISTRICT JUDGE.
Tyrone J. Morris, an inmate at the James T. Vaughn
Correctional Center in Smyrna, Delaware, filed this action
pursuant to 42 U.S.C. § 1983. (D.I. 1). He appears pro
se and has been granted leave to proceed in forma
pauperis. (D.I. 7). He commenced this action on February
13, 2018. (D.I. 1). The Court screens and reviews the Second
Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2) and
§ 1915A(a). (D.I.18).
Court screened Plaintiffs original Complaint, dismissed it,
and gave Plaintiff leave to amend. (D.I. 13, 14). Plaintiff
filed an Amended Complaint that the Court screened and
dismissed, and Plaintiff was given leave to amend. (D.I. 16,
17) In his Second Amended Complaint (D.I. 18), Plaintiff
names as Defendants VCC Warden Dana Metzger, Deputy Warden
Scarborough, Connections, Dr. Jackson, Nurse Practitioner
Carla Cooper, and Dr. Harewood.
states that he has psoriasis, PTSD, OCD, and anxiety and is
not receiving proper treatment. (D.I. 18 at 5, 11). Plaintiff
has suffered from psoriasis for many years. He states that
from 2011 through 2013 the condition was treated with Humira
(a biologic) and "light therapy" with good results.
(Id. at 8). When Plaintiff was incarcerated on
August 28, 2013, the condition was not treated and it
worsened. (Id.) After six months, Plaintiff asked
for Humira treatment and was told he could not use the drug
because he had contracted hepatitis B. (Id.). An
outside physician, Dr. Burke, told Plaintiff that the only
thing that would help the condition was light therapy.
not clear, it appears that Plaintiff was given light therapy
by outside physician Dr. Brathwaite, but Dr. Brathwaite
closed his office. (Id. at 9). After that, Dr. Burke
prescribed Otezla. (Id.). Plaintiff remained on
Otezla until July 19, 2017, when he was transferred to Kent
General Hospital due to an allergic reaction or infection
from the Otezla. (Id.). Plaintiff remained
hospitalized until July 26, 2017. (Id.; D.I. 19-1 at
returned to the VCC with no medication, other than ointments,
and information that he could not take any more biologies.
(D.I. 18 at 10). Dr. Burke ordered Plaintiff ointment, and
Plaintiff received it, "but it was never enough to apply
as ordered" and his condition slowly worsened.
end of March 2018, Plaintiff was sent the infirmary and
treated by Dr. Jackson, who administered antibiotics and
ointments. (Id.). He remained in the infirmary for
five days. (Id.). Plaintiff returned to his dorm,
and a week later was back in the infirmary to treat a staph
infection. (Id.). Following treatment he returned to
his dorm. (Id.) During this time, his mother spoke
to Warden Metzger and Deputy Warden Scarborough several
times. (Id. at 12). At some point in time,
Scarborough spoke to Plaintiff and asked him to ask
Plaintiffs mother to stop calling. (Id.). At the
same time, Scarborough told Plaintiff that "Medical
bought a light therapy box" for him. (Id.)
Plaintiff alleges that "to this day" he has not
seen it. (Id.).
unknown date, Dr. Burke put Plaintiff on a biologic after she
saw Plaintiffs condition. (Id.). Plaintiff states,
"So now, I'm on a dangerous drug still and I still
have not seen this light therapy that has been brought here
for me." (Id.) He further alleges that an
unnamed nurse indicated that Plaintiff does not need light
alleges that Nurse Practitioner Cooper refuses to make sure
that he receives enough ointments to apply two to three times
daily. (Id. at 13). Plaintiff seems to allege that
he can only apply the ointment after he showers and, due to
the the lack of ointment, he can only shower every three to
four days which has caused his condition to become much
worse. (Id.) At times he is in pain. (Id.).
Plaintiff alleges that he has always seen Nurse Cooper and
Dr. Harewood and it was always an issue to get needed
ointments. (Id.) Plaintiff is "suing
Connections for not allowing proper treatment" of his
psoriasis. (Id. at 5).
to the Second Amended Complaint indicate that Plaintiff was seen
by Medical on September 29, 2017, October 30, 2017, October
31, 2017, January 17, 2018, February 1, 2018, and February 6,
2018. (D.I. 18-1 at 4, 6-10). Documents indicate that
Plaintiff submitted grievances for ointment and therapy on
June 8, 2016, May 21, 2017, July 16, 2017, September 1, 2017,
October 15, 2017, December 30 and 31, 2017, and April 21,
2018. (Id. at 45-49, 64, 69, 71, 72). Finally, the
exhibits indicate that Plaintiff was seen and treated by an
outside medical provider at Burke Dermatology Dover for his
psoriatic condition on August 10, 2017, September 20, 2017,
and March 29, 2018. (D.I. 19 at 10-15). The March 29, 2018
notes indicate that he is scheduled for a three month
follow-up. (Id. at 15).
seeks injunctive relief in the form of light therapy and
compensatory damages. (Id. at 14).