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Colds v. Smyth

Eighth Amendment Deliberate Medical Indifference Claim Inadequately Pleaded

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OPINION & ORDER Before the Court is Plaintiff Jalen Colds’s motion for (1) pre-conference discovery to identify Defendants John Doe No. 1 and John Doe No. 2, (2) leave to file a second amended complaint adding those individuals to the suit, and (3) leave to extend the time to serve Defendants Eric Paolilli and Dr. Raul Ulloa. (ECF No. 28.) For the following reasons, the motion is DENIED. Plaintiff’s claims against John Doe No. 1 and John Doe No. 2 are DISMISSED with prejudice, and Plaintiff’s claims against Eric Paolilli and Dr. Raul Ulloa are DISMISSED without prejudice. I. BACKGROUND A. Facts For purposes of the motion for pre-conference discovery, the Court accepts as true the facts, but not the conclusions, set forth in the First Amended Complaint, (ECF No. 12 (“FAC”)). Plaintiff, who is currently incarcerated in a federal facility in New Hampshire, was temporarily held as a post-conviction detainee in the Westchester County Jail (the “Jail”) in Valhalla, New York from January 24 to November 20, 2020. (FAC

6, 23.) In April 2020, Plaintiff began receiving verbal threats from another incarcerated individual with whom Plaintiff had had a physical altercation over the use of the Jail’s phones. (Id. 24.) He does not allege that he reported the threats to anyone. The altercation had been “serious enough” that Plaintiff was disciplined with multiple days of “keeplock,” or confinement to his cell. (Id. 25.) The fight was also documented in a Disciplinary Report, a Disciplinary Report Investigation Form, and a Disciplinary Hearing Officer’s Report, (id. 26), but the FAC provides no information about the content of those reports. Plaintiff alleges that the physical altercation “warrant[ed] [a] non-association,” or a “Keep Separates,” restriction. (Id.

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