Bamm Oh v. Warden Dorrity, et al.

Summary

In this initial review order, the District of Connecticut screened Bamm Oh’s pro se 42 U.S.C. § 1983 complaint concerning alleged excessive force and denial of medical care while incarcerated. The court allowed Eighth Amendment individual-capacity damages claims against Lieutenant Melton and Officer Vallejo for excessive force, against Melton for failure to intervene, and against Warden Dougherty for deliberate indifference to medical needs. The court dismissed the medical-needs claims against Dr. Radior, Nurse Amanda, and Nurse Heather, and ordered service and case-management procedures.

Holdings

1. The complaint plausibly alleged Eighth Amendment excessive-force claims against Lieutenant Melton and Officer Vallejo because it alleged that Melton used chemical spray without provocation and Vallejo intentionally or unnecessarily broke Plaintiff's finger while Plaintiff was restrained.
2. The complaint plausibly alleged that Lieutenant Melton failed to intervene to prevent Officer Vallejo's excessive use of force.
3. The complaint failed to plausibly allege that Dr. Radior, Nurse Amanda, or Nurse Heather acted with the culpable state of mind required for an Eighth Amendment deliberate-indifference claim, and those claims were dismissed.
4. The complaint plausibly alleged an individual-capacity Eighth Amendment deliberate-indifference claim against Warden Dougherty.
5. Any official-capacity claims for injunctive or declaratory relief against officials at Corrigan would be moot because Plaintiff was transferred to another facility; the court had previously denied Plaintiff's motion for injunctive relief.

Questions Presented

1. Whether the complaint plausibly alleged Eighth Amendment excessive-force claims against Lieutenant Melton and Officer Vallejo.
2. Whether the complaint plausibly alleged that Lieutenant Melton failed to intervene to prevent excessive force.
3. Whether the complaint plausibly alleged Eighth Amendment deliberate-indifference-to-medical-needs claims against Dr. Radior, Nurse Amanda, and Nurse Heather.
4. Whether the complaint plausibly alleged a direct Eighth Amendment deliberate-indifference claim against supervisory official Warden Dougherty.
5. Whether the plaintiff's claims for damages could proceed against the defendants in their individual capacities.

Disposition

other