Session v. Carson

          RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          KRISTEN L. MIX MAGISTRATE JUDGE.

         This 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]^[1](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, ^[2] 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.

         I. Summary of the Case

          At all 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 Procedure; and

(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.

         Although 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 procedure.

(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 ...