United States District Court, D. Hawaii
Jay Jun Kobayashi, Plaintiff, Pro se, Aiea, HI.
Shelley Nobriga, Interested Party, Pro se, Honolulu, HI.
ORDER DISMISSING FIRST AMENDED COMPLAINT AND ACTION PURSUANT TO 28 U.S.C. § 1915A(b)
ORDER DISMISSING COMPLAINT AND ACTION PURSUANT TO 28 U.S.C. § 1915A(b)
Derrick K. Watson, United States District Judge.
Before the court is pro se Plaintiff Jay Jun Kobayashi's first amended prisoner civil rights complaint (" FAC") brought pursuant to 42 U.S.C. § 1983. Plaintiff is incarcerated at the Halawa Correctional Facility (" HCF"). He alleges HCF physician Dr. Sisar Paderes and HCF driver Val Gonsales violated his constitutional rights in connection with a motor vehicle incident that occurred at or near the prison in the HCF commissary van. Plaintiff's FAC is DISMISSED pursuant to 28 U.S.C. § 1915A(b), without further leave to amend.
I. PROCEDURAL HISTORY AND CLAIMS
On October 8, 2014, the court dismissed Plaintiff's original complaint for failure to state a claim pursuant to 28 U.S.C. § 1915A. Order, Doc. No. 8. The court informed Plaintiff of his pleading deficiencies, granted him leave to amend, and ordered him to show cause why the action should not be dismissed as time-barred under Hawaii's two-year statute of limitation. Id., PageID #47.
Plaintiff timely submitted his FAC on November 12, 2014. In Count I, he alleges that between January 23-27, 2012,  he was riding in the back of an HCF commissary van driven by Gonsales. FAC, Doc. No. 9, PageID #53. Plaintiff states that immediately after the van passed through the HCF High Security gate traveling between 7-10 miles per hour,  Gonsales ran over a speed bump. Plaintiff claims this caused him and two other inmates in the van, which lacked seatbelts, to " fly up and hit [their] heads." Id. Plaintiff alleges he sustained a neck compression and spinal injury because of Gonsales' negligent and careless conduct which created an " excessive risk to inmates health or safety." Id.
In Count II, Plaintiff alleges Dr. Paderes denied or delayed medical care because of his " Lack of Knowled[g]e and Negligen[ce], Failing to perform appro[p]riate diagnostic treatment and to follow professional standards and policy and procedures violation." Id., PageID #54. Plaintiff says he experienced pain after the accident, but did not request medical treatment until February 7-11, 2012. Plaintiff saw a nurse on February 22, 2012, and she scheduled a physician evaluation on March 12, 2012. Id., PageID #54. Plaintiff requested to see " Dr. Ryann Nakamoto, NP, " but says she only prescribed him Naproxen for pain. Id. Dr. Paderes examined Plaintiff in April 2012, and Plaintiff requested an x-ray. Id. On July 12, 2012, Aloha Mobile Imaging took an x-ray. Id., PageID #55. Plaintiff states that John Frauens, M.D., and Sandra K. Lawrence, M.D., diagnosed damage to cervical disks C4-6. Id., PageID #55. On July 20, 2012, Dr. Paderes reviewed Plaintiff's x-ray report, diagnosed him with " neck pain[, ] mild not serious, " and continued his pain medication. Id.
Plaintiff filed a grievance on July 23, 2012, but alleges he never received a final response. Id. On August 7, 2012, Plaintiff began physical therapy and was told to continue his medication, exercises, and ice treatments. Id., PageID #56. On August 27, 2012, Plaintiff sought another appointment, complaining of increased pain and numbness on his left side. Id., PageID #55.
Plaintiff says he began twice daily ice treatments on October 10, 2012. Id., PageID #56. Plaintiff states his " results remain[ed] positive for damage, " in November 2012, when he requested a second opinion and approval for an MRI. Id., PageID #55. Dr. Paderes told him his condition did not warrant an MRI. Id. Plaintiff says he called the Hawaii State Ombudsman on December 18, 2012, and was taken for an MRI forty-five minutes later. Id.
In Count III, Plaintiff alleges Dr. Frauens denied or delayed medical care by " falsification of diagnosis."  Id., PageID #57. In support, Plaintiff says Dr. Frauens read the MRI on December 21, 2012, and found Plaintiff's cervical spine disks C3-5 were " bulging, " and disks C5-6 had " heterogeneous epidural eccentrically."  Id., PageID #56. Plaintiff claims Dr. Frauens said Plaintiff's condition was serious. Id. Plaintiff then " found out" he required surgery, although it is not clear from whom. Id. Plaintiff says he reviewed his MRI results with Dr. Frauens on March 5, 2013. Id., PageID #57. Dr. Frauens allegedly opined that Plaintiff's condition was " a serious matter and found how serious this is, within 3-4 months [Plaintiff could] become paralyzed." Id. Plaintiff claims he saw a Dr. Jeffery Lee for a " second opinion" on or about October 23, 2014. Id. He says Dr. Lee told him his condition was " not  serious enough to have  surgery, " and that the proper treatment was physical therapy and medication. Id. Plaintiff alleges that Dr. Frauens' and Dr. Lee's conflicting and confusing diagnoses caused him to suffer depression and other mental and emotional distress.
Plaintiff seeks an order requiring prison officials to approve surgery, punitive damages, and $250, 000 to " pay for past, current, and future professional services[.]" Id., PageID #59.
II. LEGAL STANDARD
Federal courts must screen all civil actions brought by prisoners seeking redress from a governmental entity, officer, or employee, and dismiss a claim or complaint if it is frivolous, malicious, fails to state a claim, or seeks monetary relief from a defendant who is immune ...