United States District Court, D. New Jersey
B. KUGLER, U.S.D.J.
plaintiff, Maurice Treakle, is detained at Atlantic County
Justice Facility in Mays Landing, New Jersey. The plaintiff
is proceeding pro se with a civil rights complaint
filed pursuant to 42 U.S.C. § 1983. Plaintiff submitted
for filing his original complaint, a first amended complaint,
and a motion for the appointment of pro bono counsel.
time, this Court must screen the amended 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 can
be granted, or because it seeks monetary relief from a
defendant who is immune from suit. For the following reasons,
the amended complaint will be permitted to proceed in part.
In addition, this Court will direct the Clerk to appoint pro
bono counsel to represent Plaintiff in the instant matter.
allegations of the complaint will be construed as true for
purposes of this screening opinion. Plaintiff seeks to bring
a civil rights complaint pursuant to 42 U.S.C. § 1983
against the following defendants: (1) Dr. Clemmons, a doctor
at the Atlantic County Justice Facility; (2) Sheryl Dubose,
Regional Director of CFG Health Systems; (3) CFG Health
Systems; and (4) Geraldine Cohen, warden at the Atlantic
County Justice Facility.
filed his original Complaint in October 2017. In that
Complaint, Plaintiff stated that on September 27, 2017, he
was “called down to medical” to receive follow up
treatment on his “condition.” (Dkt. No. 1, pg.
4). Plaintiff alleges that when he walked in to see the
prison doctor, Dr. Clemmons, that she asked if Plaintiff was,
“the one who has the blood disease?” (Dkt. No. 1,
pg. 4). When Plaintiff indicated that yes, he was the
individual with the blood disease and that he had a lump
growing under his arm, Dr. Clemmons denied Plaintiff medical
care and told him to leave her office. Plaintiff complained
to the officer that was in the medical unit, and then to the
prison's internal affairs, but no action was taken. In
his original Complaint, Plaintiff requested that Dr. Clemmons
be found liable for denying him medical attention and
requested monetary compensation in the amount of 2.5 million
dollars for pain and suffering.
spring of 2018, Plaintiff filed an amended Complaint.
Plaintiff's amended Complaint stated the following;
Defendant Dr. Clemmons was deliberately indifferent to
plaintiff's serious medical needs (lymphomic cancer) when
she denied plaintiff Treakle any treatment at all for his
medical condition on September 27th, 2017. Dr.
Clemmons was aware of the fact that plaintiff Treakle
suffered from cancer as a result of the blood tests performed
by defendant CFG Health Systems. As a result of Dr. Clemmons
indifference to plaintiff's serious medical needs the
cancer was allowed to spread further in his body, thus making
treatment more dangerous to his life and reducing the chance
of success for radiation and chemo-therapy.
After plaintiff Treakle was denied treatment by Dr. Clemmons
he filed a medical complaint with CFG Health Systems Regional
Director Sheryl Dubose (defendant #2). Defendant Dubose
refused to intervene and render treatment for plaintiff,
instead deferring to the wrongful actions of Dr. Clemmons.
In an attempt to exhaust all administrative remedies
plaintiff appealed directly to defendant CFG Health Systems.
This defendant refused to provide treatment to plaintiff on
the ground that cancer treatment cost was prohibitive and the
fact that plaintiff could still possibly succumb to the
disease even after treatment.
Plaintiff then contacted Atlantic County Justice Facility
Warden Geraldine Cohen and requested that she order medical
treatment. Defendant Cohen advised plaintiff that the
“matter was out of her hands”, and that she was
standing by defendant CFG Health Systems' decision to
deny medical treatment for plaintiff's cancer.
(Dkt. No. 4, pgs. 3-4).
amended complaint, Plaintiff states that he is suing each
defendant in their official and individual capacities.
Plaintiff also states that he is seeking the following
amounts in damages: $100, 000 against defendant Dr. Clemmons;
$100, 000 against defendant Sheryl Dubose; $600, 000 ...