United States District Court, N.D. Florida, Pensacola Division
ORDER AND REPORT AND RECOMMENDATION
CHARLES J. KAHN, JR., UNITED STATES MAGISTRATE JUDGE
proceeding pro se and in forma pauperis,
brought this action under 42 U.S.C. § 1983. The
undersigned entered an order (doc. 16) advising that, based
on a review of the complaint, it was evident the facts as
presented failed to support a viable claim for relief under
§ 1983. The undersigned provided plaintiff an
opportunity to clarify his allegations in an amended
filed an amended complaint (doc. 19). The amended complaint,
however, suffers from certain deficiencies that cannot be
cured. Accordingly, the undersigned recommends that
plaintiff's claims against 2 defendants, unknown medical
staff at Tallahassee Memorial Hospital (“TMH”)
and Julie Jones, Secretary of the Florida Department of
Corrections (‘FDOC”), be dismissed. It appears
that service on the third defendant, unknown medical staff at
Centurion Health Care Provider (“Centurion”), is
is an inmate currently confined at Apalachee Correctional
Institution in Sneads, Florida. At the time of the events
giving rise to the amended complaint, plaintiff was confined
at Franklin Correctional Institution (“FCI”).
According to the amended complaint, on December 24, 2014,
plaintiff was admitted to TMH, where he had an emergency
appendectomy. When plaintiff awoke from the surgery,
“[h]e discovered that the doctors had made a small
incision in his lower right torso area, where they took out
his organ and then placed a drainage tube in his side to
drain out liquid.” Doc. 19 at p. 5. Plaintiff had a
second emergency surgery the next day, apparently because of
a ruptured abscess in his stomach. After the second surgery,
plaintiff awoke to “discover that there was another
small incision near his lower front abdomen and another
drainage tube sticking out of that opening.” Doc. 19 at
pp. 5-6. Plaintiff was medicated and aware of neither surgery
until after it occurred.
the 2nd surgery, Mr. Rodriguez stayed at TMH for 5-6
days.” Doc. 19 at p. 6. “Every 3 hours or so, the
doctors injected Mr. Rodriguez with doses of morphine for the
pain.” Doc. 19 at p. 6. “He was also given
antibiotics one (1) time after each surgery, per doctors
order.” Doc. 19 at p. 6. “Prior to the end of Mr.
Rodriguez's hospital stay, the wound/staples from the 2nd
surgery opened up. Yet, the doctors did not sew it back up
due to the possibility of infection, they say.” Doc. 19
at p. 6. “At the end of Mr. Rodriguez's hospital
stay, the doctors removed the tube from Mr. Rodriguez's
front, as well as the tube on his side.” Doc. 19 at p.
6. “In the process of removing the side tube, one of
the medical staff members yanked aggressively on the tube
resulting in a rupture in Mr. Rodriguez's intestines,
causing feces and other liquid to spill out his side.”
Doc. 19 at p. 6. “The hospital staff stated that there
were ‘complications, ' and then they used 8-9
towels to clean Mr. Rodriguez's side up.” Doc. 19
at p. 6. “After cleaning Mr. Rodriguez up, TMH sent him
back to FCI, that same day.” Doc. 19 at p. 6.
the day of Mr. Rodriguez's return to FCI, his stomach
began to bleed out of the holes very badly, and his entire
stomach and abdomen area began to swollen immensely.”
Doc. 19 at p. 6. “A lot of brownish-reddish liquid
began to pour out of the front and side holes where the
previous incisions had been made, and Mr. Rodriguez
complained to FCI staff about the serious pain he was
experiencing.” Doc. 19 at p. 6. “Early the next
morning, at around 4-5 a.m., the FCI doctor came by to check
up on Mr. Rodriguez. After inspecting Mr. Rodriguez's
swollen stomach and the leaking side and front incisions, the
doctor told Mr. Rodriguez that he had to be sent back to the
hospital immediately, due to the circumstances of his
condition.” Doc. 19 at p. 6. “Mr. Rodriguez was
then sent back to TMH a second time.” Doc. 19 at p. 6.
arriving at the hospital, Mr. Rodriguez was cleaned up by
hospital staff. They drew blood work, gave him antibiotics
regularly (every 2-3 hours), gave him morphine for the pain
(every 3 hours), and hooked up a colostomy bag to his
side.” Doc. 19 at p. 7. “Mr. Rodriguez stayed in
the hospital for 10-12 days then was sent to Lake Butler
Reception Medical Center (RMC), ” where he stayed for 6
months. Doc. 19 at p. 7. “This was the timeframe
necessary for his front incision to close back up, said the
medical staff.” Doc. 19 at p. 7.
the first 2 weeks of Mr. Rodriguez's stay at RMC, it was
told to him by medical staff that his kidneys were not
working properly and had to be drained.” Doc. 19 at p.
7. “During the 1st month of Mr. Rodriguez's stay at
RMC, a doctor by the name of Contarini said that there were
many ‘complications' now with Mr. Rodriguez's
insides that will require surgery, to fix. Dr. Contarini
further informed Mr. Rodriguez that his appendix did not bust
and should have never been removed.” Doc. 19 at p. 7.
“Dr. Contarini then had Mr. Rodriguez sent to Jackson
Hospital where he (Dr. Contarini) performed surgery on Mr.
Rodriguez wherein he removed and replaced the colostomy bag.
He was thereafter sent back to RMC.” Doc. 19 at p. 7.
about 4 months at RMC, the doctors again had Mr. Rodriguez
sent to Jackson Hospital this time to drain his
kidneys.” Doc. 19 at p. 7. “It was told to Mr.
Rodriguez by staff, that his kidneys were swollen because of
an abscest and needed to be drained.” Doc. 19 at p. 7.
“At Jackson Hospital, another tube was attached to Mr.
Rodriguez in order to drain his kidneys. Mr. Rodriguez was
thereafter given loritabs and other medication for pain and
treatment, and was then sent back to RMC.” Doc. 19 at
about 5 months at RMC, the doctors had the bag and tubes
removed from Mr. Rodriguez. From then on until the end of the
6-month period, Mr. Rodriguez remained at RMC and was given
basic treatment and up-keep.” Doc. 19 at p. 7.
“Medical staff there prescribed him 3 different types
of meds (i.e. meds for pain, meds to help him use the
bathroom, and a 3rd unknown med).” Doc. 19 at p. 7.
“At the end of the 6-month period, Mr. Rodriguez was
sent back to FCI, ” where he “was getting his
prescribed meds regularly; all except the pain meds.”
Doc. 19 at pp. 7-8.
about 2 weeks or so, Mr. Rodriguez was sent back to TMH due
to his constant complaints about pain. At TMH, the doctors
discovered and had to drain, another abscest that had formed
due to the colostomy bag.” Doc. 19 at p. 8. “Mr.
Rodriguez remained at TMH for 4-5 days this time, then was
sent to his current facility Apalachee Correctional
Institution (ACI), on October 16, 2015.” Doc. 19 at p.
ACI, Mr. Rodriguez began psychological counseling, and began
taking psyche meds due to the adverse psychological effects
his injury was having on him.” Doc. 19 at p. 8. He
“continued to receive all of the medications that was
prescribed to him from RMC (3 different types) up until his
prescription ran out 6 months-1 year after his arrival at ACI
(i.e. between 4/16/2016-10/16/2016).” Doc. 19 at p. 8.
“When his prescriptions ran out, Mr. Rodriguez put in a
sick-call request to renew all 3 prescriptions. The medical
department granted his request in-part (renewing his
prescriptions for the defication pills and the unknown pills)
and denying his request in-part (refusing to prescribe him
any medication for pain).” Doc. 19 at p. 8. “The
two renewed meds were prescribed until around July, 2017, but
no pain medication has since been prescribed, even though Mr.
Rodriguez's adverse health conditions still exist.”
Doc. 19 at p. 8.
10/16/2016 to the present date, Mr. Rodriguez has submitted
3-4 sick-call requests regarding his on-going pain and the
lack of pain meds or further treatment.” Doc. 19 at p.
8. “Over the last year, Mr. Rodriguez has initiated 9
medical emergencies (5 within the last 3 months) regarding
these same issues. Mr. Rodriguez has also grieved these
issues to the Warden of ACI, as well as, to the Secretary of
the Florida Department of Corrections; to no avail.”
Doc. 19 at p. 8.
Mr. Rodriguez's psychological visits have increased as a
result of the lack of action taken by the medical
department.” Doc. 19 at pp. 8-9. “Over the past
year, Mr. Rodriguez has been sent to RMC 3-4 times for photos
and scans of his abdomen by medical staff, but no surgical
procedures have been conducted nor has any medication for his
pain been prescribed.” Doc. 19 at p. 9. “Last
attempt by ACI to send Mr. Rodriguez to RMC for photos, Mr.
Rodriguez had a psyche episode due [to] the perceived ongoing
‘back and forth' between the medical ...