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Perez v. Gerry

United States District Court, D. New Hampshire

April 21, 2015

Alexie Perez
v.
Richard Gerry, Warden, New Hampshire State Prison et al.[1]

REPORT AND RECOMMENDATION

ANDREA K. JOHNSTONE, Magistrate Judge.

Before the court is New Hampshire State Prison ("NHSP") inmate Alexie Perez's original complaint (doc. no. 1) and complaint addenda he has filed (doc. nos. 6, 7, 9, 15, 16, and 18-21), which allege that defendants violated his Eighth Amendment and state law rights to receive adequate medical care while incarcerated. The complaint and complaint addenda are before the court for preliminary review pursuant to 28 U.S.C. ยง 1915A(a) and LR 4.3(d)(1). Also before the court is Perez's request for preliminary injunctive relief, contained within the initial complaint (doc. no. 1), which has been referred to this Magistrate Judge for consideration and a recommendation as to disposition.

Background

I. Hernia Issues

Alexie Perez, while an inmate at the NHSP, had surgery to repair a hernia on August 5, 2013, at the Catholic Medical Center ("CMC"). Perez's surgeon directed that, upon returning to the NHSP, Perez should be housed at the NHSP's Health Services Center ("HSC"). When Perez returned to the NHSP, he was initially held at the HSC, but, after four days, was transferred to the NHSP Close Custody Unit ("CCU"). While he was housed in the CCU, Perez was taken to the HSC for daily wound dressing changes.

On August 30, 2013, when Perez was at CMC for a follow-up appointment, the physician there found that two of his internal stitches had broken, causing internal bleeding, and that his wound was infected. The CMC doctor directed that Perez be housed at the HSC and have daily wound dressing changes. When he returned to NHSP, Perez was not housed in the HSC because he had previously asked a nurse for her phone number, warranting placement in the CCU. Perez continued to be taken to the HSC for daily dressing changes.

On September 12, 2013, Perez returned to the CMC for another follow-up appointment. On that occasion, the physician again directed that Perez be housed in the HSC upon returning to the NHSP due to the fact that Perez had an infection and was not healing properly. Perez was thereafter housed at the HSC.

II. September 7, 2013, Incident

On September 7, 2013, Perez was at the HSC for a daily dressing change when Nurse William Porritt, noticed what appeared to be dried skin near Perez's wound. Although Perez said that he did not want it cut off, Porritt cut the skin off, using scissors Perez claims were not sterilized. Perez states that Porritt's actions caused him a lot of pain and bleeding. Porritt cleaned and re-dressed the wound.

III. Lip

Perez also alleges that in February 2014, he complained to Chapman that he had been suffering from MRSA on his lip for three days, that the infection was "eating through his skin, " causing him pain, and had a foul odor. On February 14, 2014, Chapman told Perez that he was already on antibiotics, but that he should report to sick call for an assessment of his lip issues.

IV. Gastrointestinal Issues

Perez sates that on November 19, 2014, he complained to Dr. Celia Englander, a physician at NHSP, that he had blood in his stool and gastrointestinal pain. Perez was directed to provide a stool sample and was given x-rays. Dr. Englander later told Perez that his x-ray was normal, but that ...


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