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Stanley Cook v. Rajiv K. Shah

August 4, 2011

STANLEY COOK,
PLAINTIFFS,
v.
RAJIV K. SHAH, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Simandle, District Judge:

NOT FOR PUBLICATION

MEMORANDUM OPINION

1. Stanley Cook, a prisoner incarcerated at South Woods State Prison, filed a Complaint (Dkt. 1) and an Amended Complaint (Dkt. 6-1) against Dr. Rajiv K. Shah, Dr. Abu Ahsan, Dr. Ihuoma Nwachuku, Lisa Renee Mills, Correctional Medical Services ("CMS") (the contract provider of medical services for state inmates), South Woods State Prison ("SWSP"), and New Jersey Department of Corrections.

2. On December 28, 2010, this Court dismissed the federal claims raised in the Complaint, as amended, without prejudice to the filing of a second amended complaint against Correctional Medical Services, and declined to exercise supplemental jurisdiction over claims arising under state law. (Dkt. 11, 12.) This Court dismissed the New Jersey Department of Corrections and South Woods State Prison with prejudice as defendants because they are not "persons" subject to suit under 42 U.S.C. § 1983. (Id. at 11.) Although Plaintiff's medical needs were serious, this Court dismissed the Eighth Amendment medical claims against Dr. Ahsan, Dr. Shah, Dr. Nwachuku, and Nurse Mills with prejudice because Plaintiff's allegations in the Complaint and Amended Complaint did not show that defendants were deliberately indifferent to his medical needs, since the allegations showed negligence at worst. This Court dismissed Correctional Medical Services as defendant because Plaintiff's allegations failed to support the conclusion that the failure of a policymaker of CMS to institute specific policies caused violation of his constitutional rights. However, this Court granted Plaintiff 30 days to file a second amended complaint stating a claim under 42 U.S.C. § 1983 against Correctional Medical services.

3. Plaintiff timely filed a Second Amended Complaint against Correctional Medical Services, Dr. Shah, Dr. Nwachuku, Dr. Ahsan, and Nurse Mills (Dkt. 19), and also filed a motion (Dkt. 23) for appointment of pro bono counsel.

4. In the Amended Complaint, Plaintiff essentially repeats the allegations in the Complaint and Amended Complaint. Specifically, he asserts the following facts in his Statement of Claim:

On the date of December 17, 2007, Dr. Rajiv

K. Shah, MD. did an exploratory surgery on the plaintiff for cancerous polyp in the large intestine by removing his intestines completely. But he did not check to make sure that all arteries were secure before closing plaintiff back up. As a result, plaintiff almost lost his life due to massive blood lost; which constitutes Medical Negligence of Malpractice. On the date of December 22, 2007. Dr. Ihuoma Nwachuku, MD., was informed via phone call from the nurse on duty about the plaintiff's bleeding from his rectum area that caused the plaintiff to go in and out of consci[ous]ness. She violated his eighth amendment by not taking his medical needs serious. [E]ven after she was made aware of the plaintiff's condition by not releasing him to the hospital for proper treatment; which constitutes Medical Negligence of Malpractice.

Dr. Abu Ahsan, MD. violated plaintiff's eighth amendment by not taking the plaintiff's medical condition serious[ly] after he learned that the plaintiff had lost a massive amount of blood on the date of 12-27-2007 at South Woods State Prison medical unit; which constitutes Medical Negligence of Malpractice . . . .

Lisa Renee Mills, LP. violated the plaintiff's eighth amendment after she was informed by the physician about what he considered to be a cancer polyp in the plaintiff's rectum, she still prescribed the wrong medication; which constitutes Medical Negligence of Malpractice.

C.M.S. violated the plaintiff's Constitutional rights and the plaintiff's eighth amendment, because the policy maker was aware of the doctors incompetent performance in the very first lawsuit brought against their company. But they refused to change their policy and to take the inmate's condition serious. The alleged inadequate performance of all their employees should be noted and they should be properly trained in the field. (Dkt. 19 at 9-10.)

5. Plaintiff further asserts that CMS violated his federal rights under 42 U.S.C. § 1983 by "not having a policy set at the prison for doctors to be on-call 24 hours, to tend to the serious medical needs of prison inmates." (Dkt. 19 at 8.)

6. Plaintiff seeks the following relief: "Since the Federal Court has some supplemental jurisdiction to hear the plaintiff's claim under State Law, I'm pleading with the court to allow my claim to be granted under State Law. Thank you for all your time and patience in this matter." (Dkt. 19 at 11.)

7. As Plaintiff had two opportunities (in the Complaint and Amended Complaint) to assert facts stating a federal claim under 42 U.S.C. § 1983 against the individual defendants (Shah, Nwachuku, Mills and Ahsan), and Plaintiff's allegations asserted negligence (at worst), which does not satisfy the deliberate indifference standard for an Eighth Amendment medical claim under § 1983, this Court's prior Opinion dismissed the federal claims against the individual defendants with prejudice. Because the § 1983 claims against these defendants were dismissed with prejudice, and because the allegations against these defendants in the Second Amended Complaint repeat ...


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