United States District Court, D. New Jersey
B. KUGLER United States District Judge.
Al-Wahid Ali is a state prisoner currently incarcerated at
South Woods State Prison (“SWSP”) in Bridgeton,
New Jersey. He is proceeding pro se with a civil
rights complaint filed pursuant to 42 U.S.C. § 1983. At
this time, this Court must screen the complaint pursuant to
28 U.S.C. § 1915(e)(2)(B) and 1915A to determine whether
it should be dismissed as frivolous or malicious, for failure
to state a claim upon which relief may be granted, or because
it seeks monetary relief from a defendant who is immune from
suit. For the following reasons, the complaint will be
permitted to proceed in part.
allegations of the complaint will be construed as true for
purposes of this screening opinion. Mr. Ali names the
following as defendants: (1) University Correctional Health
Care Rutgers (“UCHC”); (2) Nurse Monica Tsakiris;
(3) SWSP Administrator Willie Bonds; (4) Sergeant
Watermasysk; (5) SCO E. Marin; (6) SCO Powers; (7) SCO
Flowers; (8) Nurse David, last name unknown; (9) SWSP Social
Worker Adams; (10) SCO Cortez; (11) the New Jersey Department
of Corrections (“DOC”); (12) Lieutenant Miranda,
last name unknown; and (13) John & Jane Does 1-100
Ali's complaint arises from the medical treatment, or
lack thereof, he has received while incarcerated at SWSP for
his Hepatitis C and Lichen planus disease. Plaintiff
underwent surgery to remove infected skin from his hands and
feet during a previous period of incarceration in 2008. He
was prescribed steroids after the surgery and was provided a
wheelchair due to swelling and pain in his feet. Mr. Ali
states he is supposed to have his blood tested every 60 days,
but the DOC is not doing the tests. He further states he is
supposed to receive Remvella and Benadryl to prevent itching
during dialysis but he is not being given those medications.
December 7, 2016, Mr. Ali met with Tsakiris because his ear
had started bleeding during dialysis. He advised her of his
issues with his medications, but Tsakiris refused to refer
Mr. Ali to a physician or provide him the prescribed
medication. Mr. Ali saw Tsakiris again on December 20, 2016
and requested new medication, Elbasvir, for his hepatitis.
Tsakiris became hostile, refused Mr. Ali medical treatment,
and summoned corrections officers to escort Mr. Ali out of
doctor from St. Francis Medical Center recommended that Mr.
Ali have surgery on his left arm to remove lumps caused by
dialysis. An unidentified person denied that request.
Plaintiff asserts he is supposed to be sent to a dialysis
center every four to six months for cleanings that would
prevent the lumps, but he has not been getting these
treatments. He states his medication is not being
administered correctly, causing sores all over his body.
January 5, 2017, Mr. Ali wrote a grievance on a kiosk
regarding a pair of medical boots. Tsakiris saw him entering
the grievance and told Mr. Ali she would not order the boots.
states he was moved from a two-man cell to a four-man cell
because he was in a wheelchair, but other inmates with
wheelchairs were permitted to remain in two-man cells. He
states he has pain in his neck and back because the upper
bunks are higher in four-man cells than they are in two-man
cells, but SCO Cortez refused to permit Mr. Ali to return to
a two-man cell.
was scheduled to receive a MRI at Saint Francis on August 25,
2016, but the transporting officers were not aware that he
would be in a wheelchair. He ended up missing his appointment
because the vehicle could not accommodate the wheelchair.
Tsakiris did not reschedule the appointment. As she was
transporting Mr. Ali back to SWSP, she “flipped”
him out of the wheelchair and told him to get his
“‘crippled ass off the floor and
walk!'” Officer Powers then handcuffed Mr. Ali and
threw him against a bale of hay. SCO Flowers hit Mr. Ali in
the head with a closed fist at least four times.
had dialysis scheduled for the next day and requested his
wheelchair. SCO Marin denied the request, and Mr. Ali began
crawling to his appointment. Sgt. Watermasysk told Mr. Ali he
could not crawl across the compound, but denied Mr. Ali's
request for his wheelchair. He then ordered officers to throw
Mr. Ali back in his cell; Mr. Ali missed his dialysis
appointment. Later that night, Mr. Ali fell from his bunk. A
medical emergency code was called, and Mr. Ali was taken to
the Extended Care Unit for constant observation.
August 31, 2016, Mr. Ali saw Nurse Karen for his swollen
feet. Plaintiff was charged $10. He saw Nurse Karen again on
September 5, 2016, and was refused treatment. Mr. Ali saw
Jennifer Farested for his feet and hemorrhoids. Farested
indicated she would order suppositories for Mr. Ali, but no
order was ever placed and Mr. Ali never saw a doctor.
was denied his blood pressure medication on September 30,
2016. Mr. Ali indicates $5 was taken out of his account on
December 26, 2016 and January 9, 2017 for doctor visits that
he never had.
Tsakiris on January 19, 2017 and requested that she refer him
for a MRI, provide him medical boots, and give him Elbasvir
and Grazoprevir for his hepatitis. She denied all of his
also states SWSP social worker Ms. Adams has refused to allow
him to call his sons.
alleges defendants are discriminating against him due to his
requests monetary relief and injunctive relief in the form of
proper medical treatment. He also requests the reinstatement
of his commutation time and correcting of his “max
out” date. He also requests the appointment of pro bono