United States District Court, C.D. California
FREDDIE FRANCIS, JR. Plaintiff,
UNITED STATES OF AMERICA, et al., Defendants.
CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE
ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE
JAMES OTERO UNITED STATES DISTRICT JUDGE
reasons discussed below, the First Amended Complaint is
dismissed with leave to amend. See 28 U.S.C.
§§ 1915(e)(2)(B), 1915A(b)(2).
February 15, 2017, Plaintiff, a federal prisoner confined at
the United States Prison at Coleman, Florida (“USP
Coleman”), filed this action pursuant to the Federal
Tort Claims Act (“FTCA”) and Bivens v. Six
Unknown Named Agents of the Federal Bureau of Narcotics,
403 U.S. 388 (1971). On March 3, 2017, the Court issued an
“Order Dismissing Complaint with Leave to Amend.”
On May 1, 2017, Plaintiff filed a First Amended Complaint.
claims arise out his 2013-16 incarceration at the United
States Prison at Victorville, California (“USP
Victorville”) (see Complaint, ECF Dkt. No. 1,
pp. 11, 21). Defendants are the United States and five
USP Victorville medical officials: (1) J. Esquetini, MLP
(mid-level practitioner); (2) Dr. Snell, M.D.; (3) Dr. Quinn,
M.D.; (4) MLP W. Wolverton; and (5) Ms. L. Singh, AHSA
(apparently an administrator). Plaintiff sues the individual
Defendants in their individual capacities only.
OF PLAINTIFF'S ALLEGATIONS
The Original Complaint
Complaint was not a model of clarity. Plaintiff appeared to
allege that the individual Defendants were deliberately
indifferent to an asserted staph infection and vein problem
in Plaintiff's left leg and to Plaintiff's alleged
coronary artery blockage (see id., p. 13). Plaintiff
also appeared to allege that the individual Defendants were
negligent in failing to treat Plaintiff properly (see
alleged that, while at USP Victorville, Plaintiff was
diagnosed with four blocked arteries (id.).
Defendants allegedly were told of this diagnosis
(id., p. 14). Plaintiff allegedly suffers from
unstable angina, shortness of breath and a low heart rate
(id., p. 13). The individual Defendants allegedly
were aware of Plaintiff's heart problems (id.).
The individual Defendants allegedly did not treat Plaintiff
for his pain, blocked arteries, chest pains and damaged
nerves in his left leg (id.). The individual
Defendants allegedly did not want to send Plaintiff to an
outside hospital because of the cost and because of
Plaintiff's alleged status as a maximum custody inmate
alleged that the individual Defendants told Plaintiff that
they would not perform EKGs every time Plaintiff experienced
chest pain, although Defendants assertedly knew that
Plaintiff had once had a heart attack (id.). In
April 2014, Plaintiff allegedly saw Defendant Esquetini who
with “the others” assertedly refused to do
anything about Plaintiff's chest pain “for
months” (id., pp. 20, 21). Plaintiff also
allegedly saw Esquetini concerning a small cut on
Plaintiff's leg (id., p. 21). Esquetini
allegedly said he would send Plaintiff something for the cut,
but never did so (id.). Another MLP allegedly took
over and discovered that Plaintiff had a staph infection in
the leg and prescribed something for it “which
Esquetini should have did [sic] a month earlier”
(id.). Esquetini allegedly took eight months to send
Plaintiff to outside doctors to determine what was wrong with
Plaintiff's leg (id.). It took
“them” 21 months before Plaintiff was sent to an
outside hospital regarding his leg problems (id., p.
20). Defendants' alleged failure to provide medical care
for Plaintiff's chest pains and shortness of breath
assertedly caused Plaintiff further harm, and Plaintiff
allegedly now faces further injury or death (id., p.
allegedly was transferred to USP Coleman in March of 2016
(id., p. 20). Upon arrival at USP Coleman, pus
assertedly was running down Plaintiff's leg, which was
swollen (id.). Officials at USP Coleman allegedly
determined that the leg was still infected and diagnosed
cellulitis (id.). Plaintiff saw an “expert
cardiologist” at USP Coleman, Dr. Negron, who
purportedly told Plaintiff that: (1) Plaintiff assertedly
will experience heart failure due to his heart condition; (2)
the doctor assertedly could not place any stents in the right
coronary artery and if the doctor performed surgery on the
left coronary artery, which allegedly has 80% blockage,
Plaintiff assertedly probably would not survive; and (3) even
if Plaintiff survived an operation Plaintiff allegedly
probably would die in his sleep (id., 9).
it was somewhat unclear, Plaintiff also appeared to allege
that Defendants failed to treat Plaintiff's claimed
problems with his liver, kidney, hip, knee, ankle and
shoulder, as well as his alleged Hepatitis-C condition
(id., p. 15). Plaintiff also alleged, in conclusory
fashion, that Defendants purposefully denied Plaintiff
medical care because Plaintiff would not drop “torts
& administrative remedies claims against them”
(id., p. 6).
sought damages in an uncertain amount. Plaintiff also sought
an “emergency injunction” to order the federal
Bureau of Prisons ...