The opinion of the court was delivered by: Pisano, District Judge
This is a civil rights action brought by pro se Plaintiff Agustin Garcia, presently confined at New Jersey State Prison, alleging deliberate indifference to his medical needs by Defendants Correctional Medical Services ("CMS"), Medical Director John Doe, Administrator Michelle Ricci, and Chief of Custody William Moleins. Before the Court is a motion by CMS to dismiss or in the alternative for summary judgment. Plaintiff has opposed the motion and the Court decides the matter without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons below, Defendant's motion is granted.
As set forth in Plaintiff's Amended Complaint, Plaintiff alleges that he suffers from various serious medical conditions, for which he claims he has not received proper treatment. Specifically, those conditions include: (1) a serious hearing deficit, (2) cataracts, (3) a painful rash, (4) reactions from an alleged overdose of medication Acyclovir, (5) a cardiac condition, (6) neurological damage following a head injury,*fn1 and (7) high triglyceride levels.
Plaintiff alleges that a medical report was issued on October 19, 2000, indicating that Plaintiff's hearing was deteriorating. He claims that his cell was next to a shower room that was too noisy and was causing his hearing to further deteriorate. It appears that Plaintiff requested to be relocated and was eventually moved. Plaintiff claims however, that his "arbitrary" change of location "add[ed] stress to the most stressful unit environment," and therefore increased his triglyceride level and caused a heart condition. Am. Compl. at 3. Plaintiff further claims that a hearing aid that he was given failed to "effectively resolve the hearing problems." Id. at 4.
According to the Amended Complaint, Plaintiff underwent cataract surgery on April 18, 2007. Plaintiff alleges that he was prescribed four post-surgery medications at the hospital and was instructed to request these medications upon his return to the prison. The Amended Complaint alleges that Plaintiff never received any of the four medications. However, in a Remedy Form attached to the Amended Complaint, Plaintiff complains that only one of the four medications was unavailable, and states that he received the other three. See Attachment B-1.
Plaintiff alleges that defendants failed to "perform meaningful testing and evaluation by dermatology of a severe buttock rash." Am. Comp. at 7. According to Plaintiff, he was given only over-the-counter medications that did not abate the itching from the rash.
According to the complaint, Plaintiff was being "served" a dose of 2800 milligrams of the drug Acyclovir daily and was taking another 800 milligrams from the supply he was given for his cell, for a total of 3600 milligrams daily. He claims he was prescribed only 800 milligrams per day, and the alleged overdose caused a rash and a cardiac condition.
According to Plaintiff, he is "now experiencing what appears to cardiac problems evidenced by severe chest pain, breathing problems, and alike." Am. Compl. at 10. Plaintiff claims defendants are deliberately indifferent to his condition because he is only being seen by nurses for this condition and defendants have not ...