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Session v. Carson
United States District Court, D. Colorado
May 9, 2019
FRANKY L. SESSION, Plaintiff,
VANESSA CARSON, Health Service Administrator, LINDSEY E. FISH, Medical Doctor, TEDDY L. LAURENCE, Physician Assistant, TEJINDER SINGH, Physician Assistant, ROBERT L. MANGUSO, Medical Doctor, TIMOTHY R. BROWN, Medical Doctor, and CORRECTIONAL HEALTH PARTNERS, Insurer, and DOE 1, Correctional Officer, Defendants.
RECOMMENDATION OF UNITED STATES MAGISTRATE
KRISTEN L. MIX MAGISTRATE JUDGE.
matter is before the Court on Plaintiff's
Memorandum of Law in Support of Plaintiff's
Motion for a Temporary Restraining Order and Preliminary
Injunction [#63](the “Motion for
Injunction”) and on Plaintiff's Second
Motion for Leave to Amend Caption, Defendants' Names, and
Section B of the Second Amended Complaint for Injunction
[sic] Relief Only [#97] (the “Motion to
Amend”). Defendants Vanessa Carson, Teddy Laurence, and
Robert Manguso filed a Response [#80] in opposition to the
Motion for Injunction [#63], and Plaintiff, who proceeds as a
pro se litigant,  filed a Reply [#107]. In connection with
the Motion to Amend [#97], Plaintiff filed a Prisoner Amended
Complaint [#96], but no Response was filed. The Motions [#63,
#97] have been referred to the undersigned for recommendation
pursuant to 28 U.S.C. § 636(b)(1) and D.C.COLO.LCivR
72.1(c). See [#65, #101]. Having reviewed the entire
case file and being sufficiently advised, the Court
respectfully RECOMMENDS that the Motions
[#63, #97] be DENIED.
Summary of the Case
times relevant to this lawsuit, Plaintiff has been a prisoner
in the custody of the Colorado Department of Corrections
(“CDOC”). See generally [#38].
Defendants in this matter consist of Correctional Health
Partners and various medical and health services personnel.
See Id. The Court has construed Plaintiff's
lawsuit as consisting of the following four remaining claims:
(1) Defendants Fish, Laurence, Singh, and Manguso have
violated Plaintiff's Eighth Amendment rights. Since
November 2014 Plaintiff has suffered from a large ventral
hernia, a bullet over the lateral left 10th rib cage that
eventually pulled free but caused infection, and a meniscus
tear and cartilage damage to his left knee. Defendants Fish,
Laurence, Singh, and Manguso have (1) disregarded
Plaintiff's complaints of pain and suffering, (2) told
him that X-rays did not show a hernia, (3) examined him for a
hernia and told him they found nothing, (4) refused to
provide pain medication, and (5) acknowledged his left knee
was swollen but failed to refer Plaintiff to an orthopedic
surgeon to evaluate his knee;
(2) Defendant Correctional Health Partners, in violation of
Plaintiff's Eighth Amendment rights, has created a policy
or practice that limits, delays, or denies all initial
requests for hernia specialist consultation for assessment,
treatment plan, or surgery;
(3) Defendants Carson and Doe I, in violation of
Plaintiff's First and Fourteenth Amendment rights, have
willfully and wantonly obstructed and impeded his efforts to
file a timely grievance under the DOC Offender Grievance
(4) Defendant Brown has violated Plaintiff's Eighth
Amendment rights because he knowingly repaired
Plaintiff's large ventral hernia with a defective hernia
mesh product, which has resulted in (1) Plaintiff suffering
severe abdominal pain and discomfort, (2) two large lumps
forming at the incision, (3) an increase in the size of the
hernia, and (4) urination and bowel elimination issues.
Order [#40] at 2-3. As a result of these purported
violations, Plaintiff seeks money damages, declaratory
relief, and extensive injunctive relief.
the precise contours of Plaintiff's requested relief in
the present Motion for Injunction [#63] are not entirely
clear from the briefs, Plaintiff helpfully provides a
proposed order which concisely presents the injunctive relief
he seeks here. See [#63] at 16-18. Plaintiff seeks a
temporary restraining order and/or injunction against
non-parties (and proposed defendants) Jeff Archambeau, Rick
Raemisch, and Michelle Nelson (and their successors and those
working under their control), as follows:
(1) [T]o provide a medically appropriate course of treatment
and surgery for [Plaintiff] designed to repair his large
ventral hernia and left knee, designed to restore and
maintain the full function of his upper, center, lower
abdomen and left knee.
(2) To up-load all [of Plaintiff's] medical documents in
[its entirety] that has [sic] not been up-loaded into
CDOC's Clinical Services inmate electronic medical file.
(3) To adhere to and be bound by CDOC AR 850-04 grievance
(4) To preserve all documents.
(5) To stop and [refrain] from any further retaliatory,
discriminatory actions towards [Plaintiff].
(6) To stop disregarding, down playing, all [of
Plaintiff's] verbal communications and submitted
handwritten CDOC's “Request for Sick Call”
medical kites and medical complaints.
(7) To arrange for Mr. Brown['s] surgical report, CAT
scan (CD) to all be gathered and sent to the new hernia
specialist for ...