WDNY – White v. Clement

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U.S. District Court, WDNY

Eighth Amendment

Adequate Medical Care – Pro Se Litigant

White v. Clement

14-cv-6100L

Judge Larimer

Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, alleged that his rights were violated when he was denied adequate medical care. The plaintiff had complained of severe chest pain but alleges that to the extent that the defendants responded to his complaints, the medicine provided did not work. The defendants filed motions for summary judgment. The plaintiff, appearing pro se, did not file a response to the defendants’ motion.

Ruling: The District Court held that the defendants were entitled to summary judgment. After finding that the pro se plaintiff was provided with ample notice of the consequence for failing to file a response to the motion for summary judgment, the court held that the plaintiff’s complaint merely alleges dissatisfaction in the type of medication and treatment that was provided.

Dequana White, pro se; Bernard F. Sheehan of the New York State Office of the Attorney General’s Office for the defendants