Professional Documents
Culture Documents
5
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 1 of 11
:
PAUL JEFFREYS, : Civil No.: 07-4553 (RMB)
:
Plaintiff, :
:
v. : O P I N I O N
:
BURLINGTON COUNTY JAIL, :
et al., :
:
Defendants. :
:
APPEARANCES:
1915.1
1
Petitioner previously submitted the complaint but did not
include the filing fee or a complete application to proceed in
forma pauperis. Thus, his case was administratively terminated
on September 28, 2007. Plaintiff now submits an Amended
Complaint and a complete application to proceed in forma
pauperis.
Dockets.Justia.com
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 2 of 11
relief.
BACKGROUND
review.
the jail, and Warden Cole have denied Plaintiff proper medical
Evans is denying him eye care and care for a wrist injury.
ocular.” He states his eyes are deteriorating and are not being
treated.2
2
The Court notes that in Plaintiff’s original complaint,
Plaintiff provided more detail regarding his eye injury.
Plaintiff stated that for two years he has been trying to obtain
eye glasses because his last pair were accidentally broke by
officers. Plaintiff’s eye doctor prior to his incarceration told
2
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 3 of 11
was injured in July 2007, and that he has a lump on his wrist.
Dr. Evans told him that he was going to send him to a specialist,
but he has not done so, and is not treating the injury. Dr.
was told by a nurse that he will not receive care for the wrist
3
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 4 of 11
DISCUSSION
A. Standard of Review
§ 1983 and the Federal Tort Claims Act . . . many of which are
States, 98 F.3d 752, 755 (3d Cir. 1996). A crucial part of the
States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). The Court should
4
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 5 of 11
Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997). The Court
Gibson, 355 U.S. 41, 45-46 (1957)); Milhouse v. Carlson, 652 F.2d
5
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 6 of 11
color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988);
eye condition and a wrist injury, both of which the Jail has
refused to treat.
3
It is unclear whether Plaintiff was a pretrial detainee,
convicted but unsentenced prisoner, or sentenced prisoner at the
time the violations occurred. Pretrial detainees are protected
by the Due Process Clause of the Fourteenth Amendment and
convicted prisoners are protected by the Eighth Amendment. See
Bell v. Wolfish, 441 U.S. 520, 535, n.16, 545 (1979); City of
Revere v. Massachusetts General Hospital, 463 U.S. 239, 244
(1983); Hubbard v. Taylor, 399 F.3d 150 (3d Cir. 2005); Natale v.
Camden County Correctional Facility, 318 F.3d 575, 581 (3d Cir.
2003); Fuentes v. Wagner, 206 F.3d 335, 341 n.9 (3d Cir. 2000);
Monmouth County Correctional Institutional Inmates v. Lanzaro,
834 F.2d 326, 346 n.31 3d Cir. 1987), cert. denied, 486 U.S. 1006
(1988). With respect to medical care and prison conditions,
however, pretrial detainees retain at least those constitutional
rights enjoyed by convicted persons. Here, Plaintiff’s
allegations are sufficient to state a claim for “punishment” in
violation of the Fourteenth Amendment. Moreover, as the
requirements of the Eighth Amendment set a “floor” for analysis
of Fourteenth Amendment due process claims, it is worth noting
that the deliberate actions of refusing medical treatment to an
inmate with a serious medical need would constitute violations of
the Eighth Amendment prohibition against cruel and unusual
punishment. See, e.g., Farmer v. Brennan, 511 U.S. 825 (1994);
6
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 7 of 11
274 (D.C. Pa. 1976); see also Marsden v. Federal BOP, 856 F.
Jail, 814 F. Supp. 757, 758 (N.D. Ill. 1993) (Cook County Jail
7
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 8 of 11
Center, 788 F. Supp. 890, 893-94 (E.D. Va. 1992) (local jail not
civil complaint, Plaintiff again raises these issues and asks for
U.S. 475 (1973), the Supreme Court has analyzed the intersection
8
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 9 of 11
judgment. See id. at 487. The Court held that "a § 1983 cause
9
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 10 of 11
The Court notes that prosecutors are immune from suit under
section 1983. See Imbler v. Pachtman, 424 U.S. 409, 431 (1976)
312, 325 (1981) (holding that public defenders do not act under
color of state law); Steward v. Meeker, 459 F.2d 669 (3d Cir.
10
Case 1:07-cv-04553-RMB-JS Document 5 Filed 12/07/2007 Page 11 of 11
228 (3d Cir. 1972) (court-appointed pool attorney does not act
CONCLUSION
order follows.
11