United States District Court, D. New Jersey
B. KUGLER UNITED STATES DISTRICT JUDGE
James Edward Boyd, is a prisoner currently incarcerated at
South Woods State Prison, in Bridgeton, New Jersey. He is
proceeding pro se with a civil rights complaint
pursuant to 42 U.S.C. § 1983. For the reasons stated in
this Opinion, the Court will dismiss Plaintiffs complaint
without prejudice for failure to state a claim.
Court will construe the allegations of the complaint as true
for the purpose of this Opinion. Plaintiff names only C.F.G.
Health System, L.L.C., as a Defendant in this matter. This
case arises from Plaintiffs medical treatment while detained
at the Atlantic County Justice Facility, for complications
arising from his catheter needs. According to the complaint,
Plaintiff, a paraplegic with incontinence issues, received
four catheters per week, despite complaining to staff that he
uses eight catheters per day. (ECF No. 1-2, at 1). After
hearing Plaintiffs complaints, certain staff members,
including an unknown doctor, advised Plaintiff to rinse and
reuse the catheters.
states, however, that “water hot enough to sterilize
the catheters [was] not available” and that he
contracted a urinary tract infection as a result.
Id. Staff issued thirty days of pain medication to
Plaintiff but denied him pain medication for an unspecified
amount of time thereafter. Id. Plaintiff then
contracted a second urinary tract infection and met with
“Dr. Cheryl” for evaluation. At that meeting,
Plaintiff requested “closed system catheters, because
they would keep infection risk low, ” and some type of
therapy for his legs. Id. Dr. Cheryl advised that
the specialized catheters were too expensive and denied his
request for leg therapy “because it won't do
anything for [him] and it would be a waste of money.”
Id. Plaintiff also saw a mental health doctor, who
prescribed him Zoloft, Benadryl, and Zyprexa for his
post-traumatic stress disorder. Plaintiff claims that those
drugs caused him to gain weight in the subsequent two months.
in May of 2016, Plaintiff contracted a third urinary tract
infection and sought medical treatment. As a result of those
examinations, unnamed doctor found sugar in Plaintiffs urine
on two occasions and placed him on diabetic treatment
protocol. Due to these catheter and prescription drug issues,
Plaintiff contends that doctors diagnosed him as a type II
diabetic in September of 2016.
unspecified time afterwards, Plaintiff received a different
suppository than he normally uses, and it failed to perform
its unspecified intended function. Presumably as a result,
Plaintiff then found blood in his stool and diaper and
complained to medical staff, but the staff did nothing in
February of 2017, Plaintiff developed a fever or 103.8
degrees, and medical staff provided him with Tylenol.
Sometime after, “Plaintiffs scrotum split open oozing a
discharge that smelled like feces, and his scrotum was the
size of a grapefruit. After 3 days or so Plaintiff was
giv[en] an I.V., and was on it for 2 days until Plaintiff
started discharging the same fluid from his lower
back.” (ECF No. 1-2, at 2).
then transported Plaintiff to AtlantiCare Regional Medical
Center, where he discovered that his colon had burst. Feces
had seeped through his body, deteriorating his flesh and
contaminating his heart and bloodstream, which required
intravenous antibiotics for forty-five days. Plaintiff had to
undergo two surgeries to remove the deteriorated flesh and
repair his colon. Officials transferred Plaintiff to a
rehabilitation center on February 18, 2017, and then
ultimately to South Woods State Prison, where he currently
resides. Plaintiff does not allege that he filed any
grievances with regard to any of the events above.
now ostensibly raises Eighth Amendment deliberate
indifference claims against C.F.G. alleging that its
employees knew of his serious medical needs and refused to
provide proper treatment, delayed necessary medical
treatment, prevented him from receiving medical treatment, or
some combination of the three.
STANDARD OF REVIEW
courts must review complaints in civil actions in which a
plaintiff is proceeding in forma pauperis. See 28
U.S.C. § 1915(e)(2)(B). District courts may sua
sponte dismiss any claim that is frivolous, is
malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief from a defendant who is
immune from such relief. See Id. According to the
Supreme Court's decision in Ashcroft v. Iqbal,
“a pleading that offers ‘labels or
conclusions' or ‘a formulaic recitation of the
elements of a cause of action will not do.'” 556
U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555 (2007)).
survive sua sponte screening for failure to state a
claim,  the complaint must allege
“sufficient factual matter” to show that the
claim is facially plausible. See Fowler v. UPMC
Shadyside, 578 F.3d 203, 210 (3d Cir. 2009).
“A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
[alleged] misconduct.” Iqbal, 556 U.S. at 678.
Moreover, while courts liberally construe pro se
pleadings, “pro se litigants still must allege
sufficient facts in their complaints to support a
claim.” Mala v. Crown Bay Marina, Inc., 704
F.3d 239, 245 (3d Cir. 2013) (citation omitted).