United States District Court, S.D. California
REPORT AND RECOMMENDATION ON DEFENDANT DR.
FOYLE'S MOTION TO DISMISS FIRST AMENDED COMPLAINT [DOC.
William V. Gallo, United States Magistrate Judge.
the Court dismissed Plaintiff's Complaint against
Defendant Michael Foyle, O.D., Plaintiff filed a First
Amended Complaint with leave of Court. Foyle now moves to
dismiss the FAC. For the reasons that follow, the Court
RECOMMENDS that Defendant's motion be DENIED.
William Joseph Jones is an inmate who was once housed at
Centinela State Prison in Imperial, California. Defendant
Foyle is employed by the California Department of Corrections
and Rehabilitations (“CDCR”). This case arises
from an alleged “botched” surgery on
Plaintiff's right eye by private surgeons and the
follow-up care he received in part from Centinela prison
optometrist, Dr. Michael Foyle.
March 3, 2017, Plaintiff underwent cataract surgery on his
right eye by Dr. Carraby of California Retina Associates
(“CRA”), a private health care provider
contracted by the CDCR. In the original Complaint, Plaintiff
claimed a medical instrument detached his retina during the
surgery and caused severe visual impairment in his right eye.
In the FAC, he claims he was not provided sufficient
anesthesia and eye drops, which resulted in irreversible
with the outcome of the surgery, Plaintiff filed a CDCR Form
602 Healthcare Appeal on April 16, 2017 asking to have his
eyes reexamined. Defendant Foyle examined Plaintiff on April
20, 2017 for “refraction” to determine whether to
prescribe eyeglasses. Defendant Foyle chose not to prescribe
any eyeglasses at that time.
two weeks after the appeal was submitted, Plaintiff was again
sent off-site to CRA for post-surgical eye care. Plaintiff
was transported to CRA for follow-up care on May 19, 2017,
June 6, 2017, June 19, 2017, July 17, 2017, July 29, 2017,
August 21, 2017, and September 8, 2017.
was again examined for eyeglasses by Dr. Foyle on September
20, 2017. Dr. Foyle was still unable to correct
Plaintiff's vision in his right eye with glasses and
referred him back to the specialists at CRA for further
evaluation of his retina. Plaintiff was transported to CRA
the same day, where Dr. Delengocky performed additional tests
and agreed with Dr. Foyle's assessment that
plaintiff's right eye vision could not be corrected with
four additional visits to specialists at CRA, Plaintiff was
examined by Dr. Foyle on December 6, 2017. Dr. Foyle checked
Plaintiff's vision and again noted that glasses would not
correct vision in his right eye. At a visit one-week later,
Dr. Foyle suggested that plaintiff speak with Dr. Mani of CRA
about surgical options for his retina.
Plaintiff was transferred to another prison, he obtained a
prescription for glasses from California Correctional
Institution optometrist Dr. Young. Plaintiff alleges Dr.
Foyle should have prescribed him glasses a year before Dr.
Young did and that this one-year delay caused
“significant further” irreversible damage to
both of his eyes-not just his right eye. Plaintiff
accordingly alleges violations of the Eighth Amendment based
Defendant Dr. Foyle's deliberate indifference to his
serious medical needs.
filed the initial complaint on July 16, 2018, alleging
Defendant Foyle and others violated his Eight Amendment
rights. The Court granted Defendant Foyle's motion to
dismiss with leave to amend. (Doc. No. 25.) Plaintiff
thereafter filed a First Amended Complaint (Doc. No. 27),
which Defendant Foyle now moves to dismiss (Doc. No. 28).
Plaintiff has filed an opposition (Doc. No. 30), and
Defendant has filed a reply (Doc. No. 31).