JOHN G. KOELTL, District Judge.
The pro se plaintiff, William Figueroa, was an inmate at Sullivan Correctional Facility ("Sullivan"). He brings this action pursuant to 42 U.S.C. § 1983, alleging that Correction Officer Edmund Puerschner assaulted him and that Nurse Florence Seargent was deliberately indifferent to his serious medical needs. The defendants have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
The Court has jurisdiction under 28 U.S.C. § 1331. For the reasons explained below, the defendants' motion is
The standard for granting summary judgment is well established. "The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a);
The moving party bears the initial burden of "informing the district court of the basis for its motion" and identifying the matter that "it believes demonstrate[s] the absence of a genuine issue of material fact."
In determining whether summary judgment is appropriate, a court must resolve all ambiguities and draw all reasonable inferences against the moving party.
When, as here, a pro se plaintiff opposes summary judgment, the Court must afford the plaintiff "special solicitude" in the construction of the pleadings and the motions and in the enforcement of procedural rules.
Finally, summary judgment is appropriate when video evidence shows that the challenged use of force was not excessive.
The following facts are undisputed unless otherwise noted.
At all relevant times, the plaintiff was an inmate incarcerated in the Special Housing Unit at Sullivan. Figueroa Dep. Tr. at 7. At all relevant times, Officer Puerschner and Nurse Seargent worked at Sullivan.
At approximately 11:23 a.m. on April 11, 2013, Officer Puerschner found liquid on the floor outside the plaintiff's cell door. Figueroa Dep. Tr. at 16; Puerschner Decl. ¶ 4. Officer Puerschner notified his supervisors. Sargent Phelps then recommended and Acting Deputy Superintendent of Security Russo authorized the placement of a plastic cell shield on the bottom of Figueroa's cell door. Def.'s Ex. A.
A video recording shows Officer Puerschner returning, with two other officers, to Figueroa's cell with the shield. Def.'s Ex. B, at 11:25 a.m. From 11:25 a.m. to 11:33 a.m., the video shows Officer Puerschner and the two other officers installing the cell shield. Officer Puerschner held the cell shield in place while the other officers secured it.
The video shows Figueroa punching the cell shield while the officers installed it.
Around noon that same day, Figueroa was taken to the medical clinic at Sullivan, and his thumb was x-rayed. Figueroa Dep. Tr. at 28-29: Def.'s Ex. D. The x-ray report states that the plaintiff suffered a nondisplaced fracture on the tip of his thumb. Def.'s Ex. D.
That night, at approximately 7:00 p.m., Nurse Seargent made sick rounds in the Special Housing Unit at Sullivan. Seargent Decl. ¶ 4. In her declaration, she states that "I was made aware that plaintiff had sustained a thumb injury earlier in the day and was seen in the medical unit."
The plaintiff disputes that he received Ibuprofen from Nurse Seargent. But his description of the sick call is less than clear. He testified that Nurse Seargent "wasn't paying any attention. Arguing with another CO. . . . And they left." Figueroa Dep. Tr. at 38. He testified that "[s]he didn't know that my thumb was injured,"
The plaintiff testified that the medical staff later removed his thumbnail and "put like some ointment like Vaseline" on his thumb.
The plaintiff delivered his complaint to prison authorities on June 14, 2013, and it was received by this Court on June 20, 2013. The defendants moved for summary judgment in July 2014. The defendants provided the plaintiff with a "Notice to Pro Se Litigant" as required by Local Rule 56.2, which sets out the responsibilities of a pro se plaintiff in responding to a motion for summary judgment.
In a letter to the Court dated September 23, 2014, the plaintiff asked the Court to "rely on his complaint and deposition as a reply to the defendant's motion for summary judgment."
The plaintiff claims that Officer Puerschner used excessive force when installing the cell shield. The Eighth Amendment prohibits the infliction of "cruel and unusual punishments" on those convicted of crimes. A claim of excessive force requires a plaintiff to satisfy both an objective and a subjective prong.
The objective prong "focuses on the harm done, in light of contemporary standards of decency."
The subjective prong "requires a showing that the defendant had the necessary level of culpability, shown by actions characterized by wantonness in light of the particular circumstances surrounding the challenged conduct."
The "force" used by Officer Puerschner was not excessive, and there is no evidence that he acted with malice. The plaintiff does not dispute that Officer Puerschner followed New York State Department of Corrections and Community Supervision procedures when he requested permission install the cell shied.
However, the video of the incident show that Officer Puerschner held the cell shield in place while two other officers installed it. During the installation, the plaintiff repeatedly hit the shield. Nothing in the video shows Officer Puerschner acting maliciously. The plaintiff hurt his thumb because he hit the cell shield and his finger became wedged between the shield and the door. Indeed, the plaintiff admits that he put his hands on the cell bars when the officers were installing the shield. Figueroa Dep. Tr. at 18-19.
Moreover, the "force was applied in a good faith effort to maintain or restore discipline."
Accordingly, Officer Puerschner's motion for summary judgment on the excessive force claim is
The plaintiff next claims that Nurse Seargent was deliberately indifferent to his thumb injury on April 11, 2013. Prison officials violate the Eighth Amendment if they are deliberately indifferent to a prisoner's serious medical needs.
Like the excessive force claim, this claim includes both a subjective component (deliberate indifference) and an objective component (a serious medical need). "An official acts with the requisite deliberate indifference when that official `knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.'"
First, there is no evidence that Nurse Seargent acted with deliberate indifference. The plaintiff immediately received an x-ray after the injury. The plaintiff does not identify what other medical treatment—besides a painkiller—he should have received when Nurse Seargent made a sick call on April 11. Nurse Seargent declared—and her contemporaneous notes substantiate—that she gave the defendant Ibuprofen, but she could not provide further treatment because the defendant was yelling and pounding the cell door. Seargent Decl. ¶ 6; Def.'s Ex. D.
The plaintiff insists that Nurse Seargent did not give him any Ibuprofen because she "didn't know that [his] thumb was injured." Figueroa Dep. Tr. at 39. The plaintiff's testimony does not support an Eighth Amendment claim because if—as the plaintiff alleges—Nurse Seargent had no knowledge of the plaintiff's injury, she did not act with deliberate indifference.
Second, the plaintiff's injury was not sufficiently serious. The plaintiff had a nondisplaced fracture on the tip of his thumb. The plaintiff testified that he was in pain for "maybe a week and a half," lost his thumbnail, and experienced swelling. Figueroa Dep. Tr. at 60-61. "Courts in this Circuit, as well as in other jurisdictions, consistently have found that a broken finger is not sufficiently serious as a matter of law."
Accordingly, Nurse Seargent's motion for summary judgment on the deliberate indifference claim is
The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed above, they are either moot or without merit. The defendants' motion for summary judgment is