By: Daily Record Staff//August 8, 2012
By: Daily Record Staff//August 8, 2012//
U.S. District Court, WDNY
Deliberate Indifference — Treatment
Allen v. C.O. Ford, et al.
Background: The plaintiff, an inmate in the custody of the Department of Corrections at the Wende Correctional Facility, brought a civil rights action claiming that, while he was working as a cafeteria porter, he sustained second-degree burns on his left arm and leg when he was splashed with water while washing hot food storage containers. He alleges that the defendants were negligent in failing to provide adequate safety equipment, failing to provide immediate treatment and were deliberately indifferent to his health. The defendants moved for summary judgment.
Ruling: The court granted the motions. First, the court dismissed the claims against the state officers as they were acting as employees of the state and a remedy may be found in the Court of Claims, but not in federal court. Secondly, the plaintiff failed to sufficiently support his Eighth Amendment claim as the plaintiff admitted that, at the time he allegedly notified the defendant of the burn, he was not sure how severe the burn was. Finally, the plaintiff’s allegations amounted to a mere disagreement over the proper treatment of his burns, which did not rise to the level of an Eighth Amendment violation.
James E. Metzler and Scott M. Mooney of Boylan, Brown, Code, Vigdor & Wilson LLP for the plaintiff; Krista A. Rock and Emil J. Bove Jr. of the New York State Office of the Attorney General for the defendant