United States District Court, D. New Mexico
MEMORANDUM OPINION AND ORDER
MARTHA VÁZQUEZ, UNITED AR TATES DISTRICT JUDGE.
the Court is Plaintiff's Pro Se Tort Complaint
(Doc. 1-1), which was removed to this Court on August 2,
2018. Plaintiff contends that prison officials were
deliberately indifferent to his medical needs after he
sustained a knee injury. Having reviewed the matter under
Rule 12(b)(6) of the Federal Rules of Civil Procedure and 28
U.S.C. Section 1915A, the Court will dismiss the Complaint
but grant leave to amend.
is incarcerated at the Lea County Correctional Facility
(LCCF). (Doc. 1-1). He alleges that in February 2018, he
received a new pair of eyeglasses that contained the
incorrect prescription. Id. at 11. On or about March
6, 2018, he misjudged the distance between two steps and fell
on his right knee. Id. Plaintiff did not initially
believe that he was seriously injured, although he
experienced a moderate amount of pain. Id. Two days
later, Plaintiff twisted his right knee while sitting down.
Id. He heard a popping noise and experienced a
sharp, severe pain. Id. Between March 9, 2018 and
March 15, 2018, Plaintiff submitted several sick-call slips
to prison officials. Id. He reported pain and
difficulty standing and walking. Id. A nurse
dispensed ibuprofen on March 15, 2018, and prison officials
stated that Plaintiff would be seen by a doctor on March 19,
2018. Id. at 11-12. Instead of providing care for
his knee that day, prison officials transported Plaintiff to
the Hobbs Hospital for a preexisting abdominal ultrasound
appointment. Id. at 12. Plaintiff was shackled and
chained during the trip, which was very painful in light of
his knee injury. Id.
continued to seek medical attention for his knee over the
next few days. (Doc. 1-1) at 12. On March 26, 2018, a prison
doctor examined Plaintiff and diagnosed with him with a torn
anterior cruciate ligament (ACL). Id. The prison
doctor did not order x-rays or recommend surgery.
Id. Instead, he ordered a knee brace and provided
Plaintiff with a six-inch Ace bandage. Id. Between
March 29, 2018 and April 4, 2018, Plaintiff submitted about
four sick-call requests for his knee brace and a new pair of
eyeglasses. Id. He received the neoprene knee brace
on April 4, 2018, but Plaintiff alleges that it was flimsy.
Id. at 13. Plaintiff continued to submit sick-call
requests and grievances, which were mostly ignored.
Id. He still experiences knee pain and has trouble
walking. Id. On May 19, 2018, Plaintiff saw the
prison optometrist, but the nurse refused to order his new
eyeglasses on a priority basis. Id.
12, 2018, Plaintiff filed the complaint in New Mexico's
Fifth Judicial District Court, No. D-506-CV-2018-1085. (Doc.
1-1). The Complaint lists five Defendants:
(1) The GEO Group, Inc.;
(2) Warden Raymond Smith;
(3) Acting Warden Vincent Horton;
(4) Chief Administrative Custodial Warden Dwight Sims; and
(5) Centurion Health Care.
(Doc. 1-1 at 2-3). Plaintiff seeks $700, 000 in damages under
42 U.S.C. Section 1983, the Eighth Amendment, the Americans
with Disabilities Act, 42 U.S.C. § 12101 et seq.
(“ADA”), and state tort law.
GEO Group removed the Complaint to Federal Court on August 2,
2018. (Doc. 1). GEO Group contends that the Complaint fails
to state a claim under Rule 12 (b)(6) (Doc. 2).