United States District Court, W.D. North Carolina, Statesville Division
D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.
MATTER comes before the Court on Defendant Stephanie
Brathwaite, FNP's Motion to Dismiss and Motion for
Summary Judgment Limited to Failure to Exhaust Administrative
Remedies, (Doc. No. 68).
se incarcerated Plaintiff has filed a civil rights suit
pursuant to 42 U.S.C. § 1983 while incarcerated at the
Albemarle Correctional Institution. The Complaint addresses
events that allegedly occurred at the Catawba Valley Medical
Center (“CVMC”), Alexander C.I., Central Prison,
and Albemarle C.I. The Amended Complaint passed initial
review on claims of deliberate indifference to a serious
medical and pendent state law claims need against several
defendants including Stephanie Brathwaite, who worked at
Albemarle C.I. as a nurse at the relevant times. The Court
exercised supplemental jurisdiction over the related North
Carolina claims against these Defendants.
Brathwaite has filed the present Motion to Dismiss and Motion
for Summary Judgment alleging that Petitioner failed to state
a claim against her and that he did not exhaust his
administrative remedies prior to filing suit.
Amended Complaint (Doc. No.
alleges that he was sexually and physically abused when he
went to an outside facility for back surgery in September
regards to Defendant Brathwaite, he alleges that he was told
to go to medical on December 16, 2015. Nurse Maine began
addressing his December 9 sick call regarding pain medication
but she was unable to log into the computer. Nurse Barrier
took over and found the doctors' orders about holding
Plaintiff in the infirmary and providing oxycodone.
Brathwaite then entered an order for oxycodone. Plaintiff
showed Brathwaite his left foot and ankle and she said it
looked badly bruised. When Plaintiff said that the marks
match his shackles, she told him to leave. Nurse Maine asked
Plaintiff to sign a refusal of the December 9 sick call but
Plaintiff refused. Maine and Ojeda signed the refusal without
Plaintiff's authorization. Plaintiff finally received
oxycodone on December 16.
7, 2017, Plaintiff put in a request to see psychologist
Guignard and gave her the grievance he had prepared about the
September 23 assault. Guignard told Plaintiff to submit the
grievance with the facility head, Defendant Glick. She
diagnosed Plaintiff with PTSD.
preliminary PREA investigation was conducted by Defendant
Brewton as investigator with Defendant Bowden acting as
Plaintiff's PREA support person. Foreman and Brathwaite
conducted the medical examination. Plaintiff's sexual
battery complaint should have been referred to law
enforcement for a criminal investigation.
Brewton, Bowden, Foreman, Brathwaite, Clelland, Diggs, and
Glick had a meeting of the minds to act in concert to deny
Plaintiff medical treatment and falsified and destroyed
medical records to conceal evidence of Plaintiff's
injuries so that his claims could not be verified, which
deprived him of a means to challenge conduct that violated
the First, Fifth, Eighth, and Fourteenth Amendments.
Defendants failed to provide Plaintiff with safety and treat
his medical needs he suffered unnecessary and wanton physical
and mental pain and a decline in his health.
believes that his prostate was damaged in the September 23
attack which left him impotent, and that the catheter was
placed too deeply and caused scarring. He has trouble holding
his urine, feels like he has to urinate all the time, and had
trouble emptying his bladder. Plaintiff has pain in his
testicles from the assault. His rectal muscles were damaged
and he has lost rectal control from the injuries he sustained
in the attack. His feet, ankles, and lower legs have nerve
damage and sharp pain. His has “drop foot” on his
left side from overstretched ligaments and tendons. At times
his left knee gives out while standing and walking. His lower
has sharp pains and popping where the surgery was performed.
Both of his hips have nerve damage and are numb. The left
side of his chest has a possible pectoral tear and nerve
damage. He has pain in the back of his neck between his
shoulders. In addition to the physical pain and injuries, he
has suffered mental and emotional anguish, distress, fright,
fear, shock, nightmares, and humiliation.
seeks declaratory judgment, preliminary and permanent
injunction, compensatory and punitive damages, a jury trial,
costs and fees, and any additional relief the Court deems
just and equitable.
Motion to Dismiss/ Motion for Summary