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Picard v. Dionne

United States District Court, D. New Hampshire

July 5, 2016

Warren Picard,
v.
David Dionne, Superintendent, Hillsborough County Department of Corrections et al.[1]

          Warren Picard, Plaintiff, Pro Se.

          REPORT AND RECOMMENDATION

          ANDREA K. JOHNSTONE, Magistrate Judge.

         Before the court is former Hillsborough County Department of Corrections ("HCDC") inmate Warren Picard's complaint (doc. no. 1), and two complaint addenda (doc. nos. 7 and 8). These complaint documents are here for preliminary review, pursuant to 28 U.S.C. § 1915A(a) and LR 4.3(d)(1). Also before the court is Picard's motion for a preliminary injunction (doc. no. 6), which has been referred to this magistrate judge for a report and recommendation as to disposition.

         Standard for Preliminary Review

         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)).

         Claims to be Served

         In his complaint, Picard has asserted claims arising out of his incarceration at the HCDC from January 1, 2016, to June 1, 2016. The court finds that the following claims for relief may proceed in this matter:

1. Defendant HCDC Medical Department Administrator/Supervisor, Nurse Denise Ryan, violated Picard's Fourteenth Amendment right to adequate medical care during his pretrial detention, by failing to provide Picard with adequate treatment for a broken knee for twenty-four days, causing Picard to experience severe pain and a possible worsening of his injury;
2. Defendant HCDC Superintendent David Dionne violated Picard's Fourteenth Amendment right to adequate medical care during his pretrial detention, by failing to remedy the HCDC Medical Department's failure to adequately treat Picard's broken knee, for twenty-four days, causing Picard to experience severe pain and a possible worsening of his injury;
3. Defendant HCDC Dr. Turnbull violated Picard's Eighth and Fourteenth Amendment rights to adequate mental health care by refusing to provide Picard with sufficient treatment for his mental illness during Picard's incarceration at the HCDC;
4. Defendant HCDC Sgt. Vista violated Picard's Fourteenth Amendment right not to be subject to inhumane conditions of confinement during Picard's pretrial detention by repeatedly forcing Picard to kneel on a concrete floor, knowing that Picard's knee was broken, and that kneeling would cause Picard extreme pain.
5. Defendant HCDC Sgt. Vista violated Picard's First Amendment right to petition the government for a redress of grievances by preventing Picard from filing grievances, threatening Picard with punishment and/or physical harm, and repeatedly forcing Picard to kneel on concrete with a broken knee, in retaliation for Picard's stated intention to file a grievance against Vista;
6. Defendant HCDC C.O. Boyle violated Picard's First Amendment right to petition the government for a redress of grievances by filing false disciplinary charges against Picard, threatening to put Picard into "the Hole, " and stating that he would make sure that Picard was found guilty of disciplinary violations that would cause Picard to lose his "good time, " in retaliation for Picard's stated intention to file grievances against Boyle and other HCDC staff members;
7. HCDC C.O. Schwartz violated Picard's First Amendment right to petition the government for a redress of grievances, by threatening to throw Picard in "the Hole, " in retaliation for Picard's stated intention to file administrative grievances against Schwartz, and for Picard's ...

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