Duran v. Cnty. of Monroe

Epileptic's §1983 Medical Indifference Claim Stands; Defendants Not Same as in State Suit

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DECISION AND ORDER INTRODUCTION Plaintiff brings this civil rights action under 42 U.S.C. §1983, the Americans with Disabilities Act (“the ADA”), the Rehabilitation Act, the New York State Human Rights Law (“NYSHRL”), and New York State law against the following defendants: The County of Monroe; Sheriffs Baxter and O’Flynn; Deputy Sheriffs Bailey, Kenney, and Williams; Captains McGowen and VanDuzee; Lieutenants Hayes, Donovan, Leone, and Sarkis; Sergeants Latona, Tumminelli, Willis, and Zimmerman; Corporals Bevilacqua, Farsace, and Zamiara; Deputy Sheriff John Does # 1-15; and Medical Staff Richard Roes # 1-10. Specifically, Plaintiff brings causes of action for (1) negligent hiring, training, retention, and supervision of employees against Sheriffs O’Flynn and Baxter;¹ (2) denial of his constitutional rights under §1983 against all defendants; (3) discrimination based on disability under the ADA, the Rehabilitation Act, and the NYSHRL against all defendants; and (4) deliberate indifference to his serious medical needs and failure to treat under §1983 against all defendants. Defendants now move to dismiss Plaintiff’s Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. ECF Nos. 7, 13. For the reasons that follow, Defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART. DISCUSSION I. Plaintiff’s Amended Complaint Plaintiff alleges that Defendants acted with deliberate indifference to his medical needs when he suffered epileptic seizures while incarcerated at Monroe County Jail (“MCJ”) from May 8 to May 10, 2016. ECF No. 7 31. The following facts are alleged in Plaintiff’s Amended Complaint. Plaintiff was incarcerated at MCJ on May 8, 2016 for allegedly driving with a suspended license. Id. 25. Plaintiff informed Defendants of his epilepsy condition when he was medically screened during admission. Id.

26, 27. MCJ refused to accept Plaintiff’s epilepsy medication when his girlfriend brought it to the jail. Id.

Duran v. Cnty. of Monroe

Epileptic's §1983 Medical Indifference Claim Stands; Defendants Not Same as in State Suit

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