United States District Court, D. Maine
ORDER ON MOTION TO DISMISS
JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE
Although the Plaintiff filed no response to the Defendants’ Motion to Dismiss, the Court nevertheless reviewed the merits of the motion and concludes that the Plaintiff, a former prisoner at the Maine State Prison, has failed to state a claim for which relief can be granted. The Court dismisses his Complaint against two Correctional Officers.
A. Procedural History
Dustin Don Badger was a prisoner incarcerated at the Maine State Prison when on December 21, 2015, he filed a complaint against Correct Care Solutions (CCS), Maine State Prison Medical Department, and Correctional Officers Mayer and Manning. Compl. (ECF No. 1). Mr. Badger’s Complaint was grounded in allegations of failures by CCS and Maine State Prison staff to provide him adequate emergency services. Id. On February 2, 2016, CCS filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), asserting that Mr. Badger failed to comply with mandatory pre-litigation requirements set forth in the Maine Health Security Act, 24 M.R.S. §§ 2851-2859. Mot. to Dismiss of Defs. Correct Care Solutions at 1-4 (ECF No. 15). On February 5, 2016, the Office of the Attorney General declined service of the complaint on the Maine State Prison Medical Department claiming “there is no such legal entity.” Declination of Service at 1 (ECF No. 17). The Magistrate Judge issued a Recommended Decision on February 17, 2016, recommending that the Court dismiss the Maine State Prion Medical Department as a party-defendant because it was not a legal entity from which Mr. Badger could obtain relief. Recommended Decision at 2 (ECF No. 18) (Rec. Dec. I). On February 22, 2016, Officers Manning and Mayer moved for summary judgment and to dismiss pursuant to Federal Rules of Civil Procedure 56(a) and 12(b)(6) and provided a single statement of fact. Mot. to Dismiss and for Summ. J. at 1-5 (ECF No. 19) (Defs.’ Mot.); Statement of Fact (ECF No. 20). The Magistrate Judge issued a second Recommended Decision on March 7, 2016, recommending that the Court grant the motion to dismiss Mr. Badger’s claim against CCS without prejudice. Recommended Decision at 4 (ECF No. 26) (Rec. Dec. II). Mr. Badger filed no responses to any of the parties’ motions, nor any objections to the Magistrate Judge’s Recommended Decisions.
On March 30, 2016, the Court issued an order affirming the Magistrate Judge’s Recommended Decisions, dismissing the Maine State Prison Medical Department as a party-defendant and dismissing without prejudice Mr. Badger’s claim against CCS. Order Affirming the Recommended Decision of the Magistrate Judge (ECF No. 28). All that remains is Officers Manning and Mayer’s motion to dismiss. Defs.’ Mot.
B. Factual Background
The Court has derived these facts from Mr. Badger’s Complaint (ECF No. 1). His factual allegations are deemed true when evaluating a motion to dismiss. Beddall v. State St. Bank & Trust Co., 137 F.3d 12, 16 (1st Cir. 1998).
At the time of the events alleged in the Complaint, Mr. Badger was a prisoner incarcerated at the Maine State Prison. Compl. at 2. On November 20, 2015, Mr. Badger felt like he was going to faint and pressed his medical emergency button. Compl. Attach. 1 Aff. of Dustin Badger at 1 (ECF No. 1) (Pl.’s Aff.). Officer William Mayer arrived at his cell three minutes later and asked him what the emergency was. Id. Mr. Badger told Officer Mayer he felt as if he was going to faint, and Officer Mayer told him to lie down and he would feel fine. Id. Mr. Badger suddenly had chest pains and again pressed the emergency button. Id. Officer Mayer then got on the phone and asked what to do. Id. Officer Mayer called a medical ICS and medical personnel showed up 5 to 6 minutes later. Id. Officer Jeremiah Manning, another corrections officer, then told Mr. Badger to cuff up and kneel on his bunk facing the wall. Mr. Badger told Officer Manning that he had chest pains and Officer Manning threatened him with chemical agents and was verbally abusive. Id. Mr. Badger was then placed in four point restraints and taken to a medical evaluation in a wheelchair. Id. His blood pressure and lungs were checked and he was given Tylenol and returned to his cell. Id.
On November 21, 2015, Mr. Badger pressed his medical emergency button and told Officer Manning he was having chest pains. Id. Officer Manning continued to do his rounds and Mr. Badger pushed his emergency button again because he was still having chest pains. Id. Officer Manning responded and called the medical department, placed Mr. Badger in restraints, and made him walk to the elevator without any attention from medical staff. Id. He was brought to a receiving area and evaluated by two nurses, who checked his blood pressure but refused to perform an EKG. Id. at 2.
Mr. Badger was released from the Maine State Prison on February 5, 2016. Statement of Fact at 1 (ECF No. 20).
II. THE PARTIES’ POSITIONS
A. Mr. Badger’s Complaint
In his Complaint, Mr. Badger asks that Defendants Mayer and Manning be fired and that they lose their professional certifications. Pl.’s Aff. at 2. He also requests “any and all applicable injunctive relief . . . [a]ttorney fees, monetary damages, ” as well as punitive, compensatory and ...