Case Number: 2021-013078


In Federal

Case No. 3:16-cv-00531-MMD-WGC

Judge Cobb has referred this matter to the pro bono program.

Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections

(“NDOC”), has submitted a second amended civil rights complaint (“SAC”)1 pursuant to

42 U.S.C. § 1983 and has filed a motion for preliminary injunction.2 (ECF No. 8, 9.)

In the SAC, Plaintiff sues multiple defendants for events that took place while

Plaintiff was incarcerated at Lovelock Correctional Center (“LCC”) and Northern Nevada

Correctional Center (“NNCC”).3 (ECF No. 9 at 1, 9.)

 

In count I, Plaintiff alleges the following. Plaintiff was born legally blind. (ECF No.

9 at 7.) After several surgeries, Plaintiff gained partial sight in his right eye with the

assistance of transitional prescription eyeglasses. (Id.) Upon entering NDOC, Plaintiff

informed prison and medical staff of his vision issues. (Id.) Plaintiff requested transitional

prescription eyeglasses, however, the medical director denied Plaintiff’s request. (Id.)

Plaintiff was forced to attach a clip-on tinted lens to his prescription eyeglasses to improve

the vision in his right eye. (Id.) Dr. Aranas and Hegge, who had direct knowledge of

Plaintiff’s vision issues, failed to do anything about it, causing “[Plaintiff’s] problems to get

worse.” (Id.) Carpenter and Baze also ignored Plaintiff’s vision issues and assigned him

to a cell on the top-tier. (Id.)

 

Poag knew that Plaintiff had prescription eyeglasses and knew that if Plaintiff did

not wear his eyeglasses he would suffer pain and worsening vision in his right eye. (Id.)

Despite being aware of Plaintiff’s vision issues, Poag sent Preston to confiscate Plaintiff’s

prescription eyeglasses. (Id.) Preston confiscated Plaintiff’s prescription eyeglasses and

dismissed Plaintiff’s inability to see without them. (Id. at 8.) Being without his prescription

eyeglasses for a time placed him at significant risk of harm because he resides on the

top-tier. (Id.) That same day, Plaintiff missed a step as he was going down the stairs

because of the blurred vision in his right eye. (Id.) Plaintiff fell down the stairs, injuring

himself in various places. (Id.) A few days later, Plaintiff received his prescription

eyeglasses back. (Id.) However, Plaintiff’s prescription eyeglasses were returned only

after someone detached the tinted lenses. (Id.)

 

Plaintiff has not been given a diagnosis for his injuries stemming from his fall. (Id.)

Plaintiff’s medication is taken away every three months. (Id.) In a repeated cycle, Plaintiff

sends a medical kite, medical instructs Plaintiff to schedule an appointment, Plaintiff

submits an appointment request, Plaintiff is seen by a doctor, and the doctor prescribes

the same medication each time. (Id.) However, Plaintiff remains in pain and must pay an

eight-dollar co-pay for each appointment. (Id.) Plaintiff alleges violations of the Eighth

Amendment and Equal Protection Clause. (Id. at 7.)

Case Interest Form

Are you interested in this case? If so please fill out the form below

Your Name (required)

Your Email (required)

Comments

captcha