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Johnson v. Rajiv

United States District Court, D. New Jersey

October 3, 2018

WILLIAM JOHNSON, Plaintiff,
v.
DEEPA RAJIV, MD, et al., Defendants.

          OPINION

          KEVIN MCNULTY, UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Plaintiff, William Johnson, is a state prisoner currently incarcerated at Northern S;ate Prison in Newark, 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((i)(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, Mr. Johnson's federal claims will be dismissed without prejudice as they are time-barred. This Court declines to exercise supplemental jurisdiction over Mr. Johnson's state law claims. Furthermore, Mr. Johnson's motion for the appointment of counsel will be denied without prejudice.

         II. BACKGROUND

         The allegations of the complaint will be construed as true for purposes of this screening Opinion. Mr. Johnson names a plethora of defendants in this action; they are: (1) Deepa Rajiv, MD; (2) Steven D. Wheeler; (3) Linda Coleman; (4) Evelyne Tricarico; (5) Carolina Mangura; (6) Michelle Borowski; (7) Susan Cicala; (8) Theresa Jocen Hernandez; (9) Jimmy Dorcely; (10) Julie Gawendus; (11) Linda Marci; (12) Sheila Osei; (13) Elyse Regis; (14) Gary Lanigan; and (15) University Correctional Health Care.

         Mr. Johnson's brings this action claiming that defendants furnished inadequate medical care and treatment, and failed to properly monitor his medical care and treatment. The complaint alleges that Johnson went to the prison hospital at Northern State Prison on November 22, 2015 because he was dehydrated and had abnormally low blood pressure. He was admitted to the prison hospital and placed on an I.V. By November 25, 2015, Mr. Johnson's dehydration had subsided and his blood pressure was back to normal. He alleges, however, that the I.V. remained in his aim.

         Mr. Johnson states that his arm began to swell up and turn black and blue. He started to also feel sick and light headed, and he faded in and out of consciousness.

         On December 1, 2015, with the I.V. still in his arm, an infection developed. On December 4, 2015, blood was taken from Mr. Johnson to determine if the infection was in his blood and organs. On December 8, 2015, Mr. Johnson was given an antibiotic I.V. to fight the infection. However, Mr. Johnson was not informed that the infection had spread to his blood and organs.

         On December 13, 2015, Mr. Johnson was taken to St. Francis Medical Center where more blood was taken. On December 15, 2015, Mr. Johnson was checked for colon cancer and given a blood transfusion. He was treated with antibiotics for the infection on this date as well.

         On December 20, 2015, Mr. Johnson returned to Northern State Prison. He was put on a strong dose of antibiotics. On January 11, 2016, more blood was taken from Mr. Johnson. He asserts that this was because the medical department had overdosed him on antibiotics.

         According to Mr. Johnson, the medical department was worried about the antibiotics' side effects which could cause kidney, lung or other organ failure.

         On January 14, 2016, Mr. Johnson was taken back to St. Francis Medical Center. While there, Mr. Johnson was informed that the infection had spread to his organs, including his heart and kidneys.

         On January 18, 2016, a doctor came to visit Mr. Johnson and told him that his blood work had come back normal with no traces of the infection. On January 27, 2016, more blood was taken from Mr. Johnson to test for the infection. On ...


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