United States District Court, W.D. Oklahoma
REPORT AND RECOMMENDATION
BERNARD M. JONES UNITED STATES MAGISTRATE JUDGE
a state inmate proceeding in forma pauperis, filed a
Complaint under 42 U.S.C. § 1983 alleging deliberate
indifference, medical malpractice, medical negligence, and
excessive force. [Doc. No. 1]. Chief United States District
Judge Joe Heaton has referred the matter for proposed
findings and recommendations consistent with 28 U.S.C. §
636(b)(1)(B) and (C). For the reasons set forth below, it is
recommended that the Court summarily dismiss all but
Plaintiff's excessive force claim and deny supplemental
jurisdiction over any state-law medical claims.
Plaintiff's Medical Claims
alleges that on July 25, 2017, he was transferred from the
Great Plains Correctional Facility (GPCF) to Mercy Hospital
in Oklahoma City, Oklahoma for a “‘[p]artial
[e]pididymectomy'” to remove a cyst from his left
testicle. Compl. at 8. Defendant Dr. Basel Hassoun, M.D.,
performed the procedure, and according to Plaintiff, entirely
removed Plaintiff's left testicle and an artery, leaving
him with pain, complications, and deformities in his testicle
and penis. See Id. Plaintiff claims he never gave
consent for the removal of his testicle and he sues Dr.
Hassoun and Defendant Mercy Hospital/HPI Northwest Surgical
Hospital (Mercy Hospital) for medical malpractice and
negligence. See Id. at 8-9. Plaintiff likewise sues
Defendants Dr. Ray,  the GPCF Heath Service Administrator, and
Ms. Carla Dicke, a GPCF medical coordinator, for negligence,
alleging they had a duty to communicate to Dr. Hassoun that
Plaintiff had not authorized the removal of his testicle.
See Id. at 9-10.
the Eighth Amendment, Plaintiff sues Defendant Farley, the
GPCF Warden, and Defendant Rogers, the GPCF Administrative
Remedy Coordinator, because they denied his grievance when he
sought corrective surgery. See Id. at 10. Finally,
Plaintiff sues Defendant GEO Group, Inc., GPCF's
corporate owner, alleging that it “failed to provide
adequate proper medical care.” Id.
Plaintiff's Excessive Force Claim
also alleges that on July 9, 2017, during a “riot at
GPCF, ” Defendant Correctional Officer Wayztak
“hit him with a grenade even though [Plaintiff] was
following all orders and . . . was no danger to
anybody.” Id. at 10. Plaintiff alleges the
“entire skin around his penis was destroyed aggravating
already existing conditions.” Id. Plaintiff
claims Defendant Wayztak used excessive force and accuses GEO
Group, Inc. of failing “to protect [Plaintiff] from
assault from its staff.” Id.
Plaintiff is proceeding in forma pauperis, the Court has a
duty to screen the Complaint and dismiss any portion that is
frivolous or malicious, fails to state a claim upon which
relief may be granted, or seeks monetary relief against a
defendant immune from such relief. See 28 U.S.C.
a Fed.R.Civ.P. 12(b)(6) review, the Court must accept
Plaintiff's allegations as true and construe them, and
any reasonable inferences to be drawn from them, in the light
most favorable to him. See Mink v. Knox, 613 F.3d
995, 1000 (10th Cir. 2010). “A claim has facial
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); see
also Gee v. Pacheco, 627 F.3d 1178, 1184 (10th Cir.
Defendant Dr. Hassoun
Court should first dismiss Defendant Dr. Hassoun on two
Failure to Allege Action ...