United States District Court, D. New Hampshire
REPORT AND RECOMMENDATION
ANDREA K. JOHNSTONE, Magistrate Judge.
Richard LaRiviere has filed this action against the Hillsborough County Department of Corrections ("HCDC") Medical Department, and a number of HCDC employees, pursuant to 42 U.S.C. § 1983, alleging violations of his federal constitutional rights. The matter is before the court for preliminary review pursuant to 28 U.S.C. § 1915A(a) and LR 4.3(d)(1).
In determining whether a pro se pleading states a claim, the court construes the pleading liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). Disregarding any legal conclusions, the court considers whether the factual content in the pleading and inferences reasonably drawn therefrom, taken as true, state a facially plausible claim to relief. Hernandez-Cuevas v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).
LaRiviere has alleged the following facts. LaRiviere was, during the time period relevant to this action, a pretrial detainee at the HCDC. He alleges that members of the HCDC Medical Department denied him medication to treat his severe depression, despite his repeated requests for medication. As a result, LaRiviere attempted suicide by cutting a vein in his leg.
At the time of his suicide attempt, LaRiviere was in a cell that HCDC Corrections Officer ("C.O.") Rosario was required to check every fifteen minutes. LaRiviere alleges he "bled out" for ninety minutes, losing two liters of blood, either because Rosario failed to check on LaRiviere as he was supposed to, or because he did check on LaRiviere but ignored his condition.
LaRiviere was transported to the Elliot Hospital for treatment of his leg injury. The hospital staff released LaRiviere with discharge instructions that the HCDC medical staff did not follow. For thirteen days after his discharge, LaRiviere alleges, HCDC medical staff never checked his leg wound, never changed his bandage, never took his vital signs, and denied him pain medication.
LaRiviere states that he filed one grievance about his medical issues, and made additional attempts to use the HCDC grievance procedures, but his requests were ignored. HCDC Sgt. McBernie told LaRiviere that he was not allowed to file grievances. LaRiviere further asserts that HCDC personnel denied him out-of-cell time and a proper diet, threatened to harm him, and generally harassed and treated him cruelly.
Summarized below are the claims asserted in the complaint, arising out of the facts alleged therein:
1. HCDC personnel violated LaRiviere's Fourteenth Amendment right to adequate medical care while in pretrial detention, in that HCDC personnel, for thirteen days, did not follow the Elliot Hospital discharge instructions prescribed to treat his leg injury after LaRiviere's suicide attempt.
2. HCDC personnel violated LaRiviere's Fourteenth Amendment right to adequate medical care while in pretrial detention, in that, with deliberate indifference to a serious medical need, HCDC personnel failed to treat LaRiviere's depression, resulting in LaRiviere's suicide attempt.
3. C.O. Rosario violated LaRiviere's Fourteenth Amendment right to humane conditions of pretrial confinement, in that, with deliberate indifference to a substantial risk of serious harm, Rosario allowed LaRiviere to "bleed ...