4

*

b1 ta z p

02T 1 à 2222

Dad: C.I.

FILED BY D.C.

û2T 2 2 2222

CANGELA E. N06t.E

LEMK t) S DISI Cm s. o. o, ftk. - M4Av$

ALFONSO JENKINS,

Plaintifll Uxmeadea complaint for

(write thefull name ofeach plaint# who isfling Violation of Civil Rights

this complaint. (Pusoner complaint) Jf//le names ofall theplaintp

cannotst in the space above, please write ''see attached '' in the space and attach t'?l additional CZSC N0': 1:20-cv-22604-DPG

page with thefull list ofnames. (/o beplled in by the clerk s, ) Ol ce)

-against1. CENTUR ION OF FLORIDA, LLD,

M EDICAL PROW DERS, J 2. ury Trial: X Yes Z No DR. F. PAPILLON CHIEF HEALTH (check one)

OFFICEK

3. DENA TATE, HEAI,TH SERW CES

ADM INISTRATOK

Defendants.

/

(write thefull name ofeach plaintt who ishling

this complaint. Jf/àc names ofall theplaintp

cannotst in the space above, please write ''see

attached'' in the space and attach an additional

N OTICE

Federal Rules of Civil Procedure 5.2 addresses the privacy and security concem s resulting from public

access to electronic fles. Under this rule, papers fled with the court should not contain: an individual's

full social security number or full birth date; the full nnm e of a person known to be a m inor; or a com plete

fnancial account mlmber. A fling may include only: the last four di/ts of a social security mlmber; the

year of an individual's birth; a minor's irlitials; and the lmst four di/ts of a snancial account number.

Except as noted in this form, plaintil need not send exhibits, aœ davits, grievance or witness statem ent, or

any other m aterials to the Clerk's Oœ ce with this com plaint.

ln order for your com plaint to be sled, it must be accompanied by the sling fee or an application to

proceed in forma pauperis.

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

M IAM I DW ISION

(Write the District and Division, éfany, ofthe

court in which the complaint isjlled)

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 1 of 24
1. The Parties to This Com plaint

A. The Plalntiffts)

Provide the information below for each plaintiffnam ed in the

com plaint. Attach additional pages if needed.

Nam e Alfonso Jenkins

ID Num ber 047210

Current lnstitution Dade Correctional lnstitution

19000 S.W . 377tb Skeet

Florida City, Florida 33034

B. The Defendantts)

Provide the inform ation below for each defendant nam ed in the

complaint, whether the defendant is an individual, a gov- m ent

agency, an orgnnization, or a

corporation. M ake sure that the defendantts) listed below are identical

to those contained in the above caption. For an individual defendant,

include the yerson's job or title (if known) and check whether you are

brin/ng thls complaint against th* in their individual capacity or

om cial capacity, or both. Attach additional pages if needed.

Defendant No. 1

Nam e

Job or Title

Cenm rion of Florida, LLC

Health Care Providers

(if known)

Shield Number

Employer

Address

U nknown

Dade Correctional lnstimtion

19000 S.W . 377tb Street

Defendant No. 2

N am e

Job or Title

(if known)

Shield Num ber

Florida City, Florida 33034

Individual Capacity Z Oëcial Capacity

Dr. F. Papillon

Chief Health Offcer

Unknown

2

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 2 of 24
Employer

Address

Florida City, Florida 33034

Z lndividual Capacity Z Oëcial Capacity

Dade Correctional lnstitution

19000 S.W . 377th Skeet

Defendant No. 3

N am e

Job or Title

Shield Number

Em ployer

Address

Florida City, Florida 33034

Z lndividual Capacity Z Omcial Capacity

D ena Tate

Health Service Adm inistrator

Unknown

Dade Correctional lnstimtion

19000 S.W . 377th Street

Il. Basis for Jurisdiction

Under 42 U.S.C j 1983, you may sue state or local oK cials for the tçdeprivation

of any rights, privileges, or immunities secured by the Constitution and (federal

lawsl.'' Under Bivens v. Six Unknown Named Agents of Federal Bureau of

Narcotics, 403 U.S. 388 (1971), you may sue federal ofscials for the violation of

certain constimtional rights.

A. Are you bringing suit against (check all that apply):

Z Federal omcials (a Bivens claim)

R State or local omcials (a j 1983 claim)

B. Section 1983 allows claims allegng the ç<deprivation of any rights,

privileges, or immllnities secured by the Constitution and (federal lawsl.''

42 U.S.C j 1983. If you are suing under section 1983, what federal

constimtional or statutory righttsl do you claim is/are being violated by

state or local ofscials?

1. Deliberate lndiFerence to serious m edical needs,

2. lntentional lntliction of Em otional Diskess,

3. Cruel and Unusual Punishment.

C. Plaintifs suing under Bivens m ay only recover for the violation of certain

constimtional rights. If you are suing under Bivens, what constimtional

rightts) do you claim is/are being violatM by fe eral oo cials?

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 3 of 24
No ttBivens''

D . Section 1983 allows defendants to be found liable only when they have acted ltunder

color of any statute, ordinance, regulation, custom , or usage, of any State or Territory

or the District of Columbia.'' 42 U.S.C. 9 1983. lf you are suing under section 1983,

explain how each defendant acted under color of state or local law. lf you are suing

under Biven , explain how each defendant acted under color of federal law. Attach

additional pages if needed.

See Facts/claim s at pagers

111. Prisoner Status

Indicate whether you are a prisoner or other confned person as follows (check

all that applyl:

Convicted and sentenced prisoner

lV. Statem ent of Claim

State as briefly as possible the facts of your case. Deschbe how each defendant

was personally involved in the alleged wrongful action, along with the dates and

locations of other persons involved in the events gving rise to your claims. Do

not cite any cmses or statues. If m ore thm1 one claim is asserted, mlmber each

claim and write a short and plain statement of each claim in a separate parap aph.

Attach additional pages if needed.

A. If the events giving rise to your claim arose outside an instimtion,

describe where and when they arose.

Dade C.l. and outside medical providers. (See Complaint)

B. If the events gving rise to your claim arose in an institution, describe

where and when they arose.

Dade C.I. and outside medical providers. (See Complaint)

C. W hat date and approximate time did the events giving rise to yom

claimts) occur?

From 2- 1-19 up until present date.

D. W hat are the facts underlying your claimts)? (For example. lOlJ/

happened to you? F/lo did what? cJ.: anyone else involved? Fàt/

else m w what happened?

4

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 4 of 24
(See Complaint)

V. lnjuries

lf you sustained injuries related to the events alleged above, describe your injuries and state

what m edical treatment, if any, you required and did or did not receive.

Loss of vision to point of blindness (fully) in each eye. (See also Complaint). Due to not

receiving the proper m edication and follow-up treatm ent at Dade C.l. after outside doctors

prescribed both m edications and treae ent plans for Dade C.l. to follow.

VI. Relief

State briefly what you want the COUI't to do for you. M ake no legal argum ents. Do not cite

any cases or stam tes. lf requesting money dnm ages, include the amounts of any acm al

dam ages and/or punitive damages claim ed for the acts alleged. Explain the basis for these

claim s.

Jury Trial, Nom inal Dam ages, Compensatory Damages of $300 thousand dollars per

Defendant, Punitive Dnmages of $1 million dollars per Defendant (Jointly/severally).

Court costs, Attom ey's fees. All other relief deemed just and proper for Plaintië who hms

been leR totally blind by actions/inactions of Defendants.

VlI. Exhaustion of Adm lnistrative Rem edies

'rhe Prison litigation Reform Act CTLRA''), 42 U.S.C. j 1997e(a) requires that tçlnlo

action shall be brought with respect to prison conditions under section 1983 of tllis title, or

any other Federal law, by a prisoner confined in any jail, prison , or other correctional

facility until such administrative rem edies as are available are exhausted.''

Administrative remedies are also known as grievance procedures. Your case may be

dism issed if you have not exhausted your adm inistrative rem edies.

A. Did your Claimts) arise while you were confned in a jail, prison, or other

correctional facility?

Z Yes

E1 No

If yes, name the jail, prison, or other correctional facility where you were consned at

the time of the events gving rise to your claimts).

5

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 5 of 24
Dade Correctional Institution.

B. Does the jail, prison, or other correctional facility where your claimts) arose have

a grievance procedure?

U

L

Y es

No

Do not know

C. Does the grievance procedure at the jail, prison, or other correctional

facility where your claimts) arose cover some or al1 of your claims?

H Yes

E; No

Do not know

lf yes, which claimts)?

A11. (See Complaint).

D. Did you 5le a grievance in the jail, prison, or other correctional facility

where your claimts) arose conceming the facts relating to this complaint?

Z Yes

EJ No

VII1. Previous Lawsuits

The Etthree strikes rule'' bars a prisoner from bringing a civil action or an appeal in federal

court without paying the Gling fee if that prisoner has tton three or more prior occasions,

while incarcerate or detained in any facility, brought an action or appeal in a court of the

United States that wms dism issed on the p ounds that it is frivolous, m alicious, or fails to

state a claim upon which relief m ay be granted, unless the prisoner is under im minent

danger of physical injury.'' 28 U.S.C. j 1915(g).

6

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 6 of 24
To the best of your knowledge, have you had a case dismissed based on this çtthree stdkes

rule''?

E) Yes

pI No

lf so, state which court dismissed your case, when this occurred, and attached a copy of

the order if possible.

None Recollected.

A. Have you filed other law suits in state or federal court dealing with the sam e facts

involved in this action?

Z Yes

ID No

B. If your answer to A is yes, describe each lawsuit by answering questions 1

through 7 below. (lfthere is more than one lawsuit, describe the additional lawsuits on another

page, ltWng the sameformat)

1. Parties to the previous lawsuit

Plaintifts) Alfonso Jenkins,

Defendantts) M ark lnch, Mario Corrales, Centurion LLC, Dr. Papillon,

D ena Tate.

Court (Ifederal court, name the district; fstate court, name the trlfaf.p

and State)

(Same)

Docket or index number

2.

3.

(Same)

Nam e of Judge assir ed to your case

Judge Reid.

Approxim ate date of fling lawsuit

4.

5.

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 7 of 24
6. ls the case still pending?

L Yes

X No

lf no, give the approxim ate date of disposition. Told to ç%Amend'' with this

lawsuit.

W hat was the result of the case? (For example. Fa,: the case dismissed?

Wasjudgment entered in yourfavor? IF'J.& the case appealed?)

Told to Am end with this lawsuit.

C. Have you sled other lawsuits in state or federal court otherwise relating to the

conditions of your im prisonment?

Z Yes A. 1:20-cv-28528 & B. 8:15-cv-555. No recollection/unsure of any

other.

EJ No

D . lf your answer to C is yes, describe each lawsuit by answering questions 1

through 7 below.

(Ifthere is more than one lawsuit, describe the additional lawsuits on another

page, vafng the sameformat)

Parties to the previous lawsuit

PlaintiFts) Alfonso Jenkins,

Defendantts)

I cnn't recall.

Court (Ifederal court, name the district; fstate court, name the colzn/.y

and State)

I can't recall.

Docket or index number

I can't recall.

4. Nam e of Judge mssir ed to your case

8

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 8 of 24
5.

I can't recall.

Approxim ate date of Gling lawsuit

A. in 2020. & B. in 2015.

Is the case still pending?

(Zl Yes

ëI No

If no, give the approxim ate date of disposition. I can't recall.

W hat was the result of the case? (For example: Fc-ç the case dismissed?

Wasjudgment entered in yourfavor? FJ.& the case appealed?)

ttA.'' w as dism issed to ;le this one, l believe. t%B.'' l can't recall.

7.

No appeal was done.

IX. Certilcation and Closlg

Under Federal Rule of Civil Procedtlre 1 1, by sir ing below, 1 certify to the best of m y

knowledge, information, and belief that this complaint: (1) is not being presented for an

improper ptrgose, such as to harass, cause unnecessary delay, or needlessly incremse

the cost of lltlgation; (2) is supported by existing law or by a nonfrivolous argument for

extending, modifying, or reversing existing law; (3) the factual contentions have

evidentiary support or, if specifcally so identifed, will likely have evidentiary support

or, if specifcally so identised, will likely have evidentiary support aher a reasonable

opportunity for further investigation or discovery; and(4) the complaint otherwise

complies with the requirem ents of Rule 1 1.

A. For Parties W ithout an Attorney

l ap ee to provide the Clerk's Om ce with any changes to m y address where caserelated papers m ay be served. l understand that m y failure to keep a current

address on file with the Clerk's Om ce m ay result in the dism issal of my case.

tâ da of October Date of signing: 14 y , 2020.

Sip ature of PlaintiF =.-x

Pnnted Nnm e of Plaintif Al so Jenki

Prison Identiscation #047210

Prison Address Dade Correctional Instim tion tll Street , 19000 S.W . 377

M ismi, Florida 33034-6409

City State Zip Code

9

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 9 of 24
STATEM ENT OF THE CASE AND FACTS

1.

status, <tvision im paired.''

On December 14, 2017 the PlaintiF was tansferred to Dade C.l. due to his disability

2. n e Plaintiff suffers from primary Open M gle Glaucoma (POAG) including, (CACG).

On February 1, 2019 the Plaintiffwas transported to Bascom and Palmer Eye lnstitute for

the purpose of (1OP) lntra Ocular Pressure M anagement.

4. Aher the evaluation by the Glaucom a Specialist was conducted it was determined that the

Plaintiffs (lOP) levels had elevated and special pressure reducing eye drops were prescribed as

an addition to the Plaintifrs current treatm ent regim en.

5. n e Glaucom a specialist ordered that the Plaintiff continue his current eye drop Cosopt

and imm ediately start Brimonidine and Latanoprost in order to preserve any further loss of vision

and/or optic nerve damage caused by elevated (lOP) Ievels.

6. In the order and evaluation the specialist m ade it very clear the importance of the

patient/plaintif receiving a11 three drops in his right eye, and to have an (IOP) check every two

m onths.

7.

Note: when an inm ate retum s from an outside specialist consult and there has been orders

recommending, treatment and medications the inmate (must) be seen by a physician to discuss

W hen the Plaintiff return to the instim tion he was not seen by a physician as required.

the course of the patient/plaintif s evaluation, treatment and change in condition.

8. However, the PlaintiT s fle was just placed into a routine stack of files for later review

and the Plaintif was never seen to discuss his treae ent by a physician.

9.

specialist on February 1, 2019 wms never reviewed by the m edical staF at the institution until

ln fact, the PlaintiT s evaluation and treatment plan prescribed by the Glaucom a

10

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 10 of 24
M arch 14, 2019 as indicated by Dr. F. Papillons own date stamp saying received and reviewed

on çtM al'ch 14, 2019.5' Note: This wms aporoxim atelv (45) davs aûer the Plaintiffreceive the

prçscribed treatment plan bv the Glaucom a specialist.

10. The m edial provider Centurion of Florida's and/or its agents or employee's have an

' 

ethical responsibility to treat an inm ate's sedous m edical condition in a tim ely m snner as

prescribed and recommended by the outside specialist.

1 1. Even aher the Chief Health Ofscer Dr. F. Papillion was m ade aware by his own

review of the Plaintifrs evaluation ahd prescribed treatment plan doctor Papillon still failed to

insure that Plaintiffwas prescribed and received the medication needed to prevent any further

dam age and/or loss of vision. Note: Such conduct amounts to deliberate indifference.

12. On M arch 18, 2019 the Plaintif submitted a form al grievance to the W arden M ario

Corrales explaining in detail that he had not received the medication prescribed and ordered by

the Glaucom a specialist at Bmscom and Palm er Eye lnstitute on February 1, 2019.

13. PlaintiF explained in detail that his vision was rapidly decreasing and was

experiencing extrem e pain and discom fort. Sçe Grievance LoM Number 1903-467-069.

14. 'rhe above mentioned l evance was denied on March 29, 2019 by both (CHO) Dr.

F. Papillon and W arden M ario Corrales. Note: Plaintif advised Defendans Dr. F. Papillom and.

W-w'detl Corrales. that he was beinM subiected to irreversible dam age due to the unnecessar.y

dçlav in dispensinz M r. Jenkins- Glaum m a m edication in a tim ely m nnner as his serious-mpdica-l

condition required

15. On April 2, 2019 the PlaintiF was transported back to Bascom and Palm er for

follow-up.

10-A

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 11 of 24
16. Aher the evaluation was complete it was determined that the Plaintifps (IOP) had

elevated again due to the institutions medical providers failure to dispenses Plainti& s G

. laucom a

m edication.

17. The Glaucom a specialist Dr. Jonathan Russell m ade a second attempt to advise the

institutions m edical departm ent how important it was for the Plaintif to receive al1 three eye

drops and his pills. Note: n ese notes were even in bold print on the evaluation and treatnwnt

plan review ed by the staff and m edical departm ent.

18. Once again the Plaintiffremm ed to the institution and was not seen by a physician to

discuss the (fact) that he was not receiving the medication prescribed by the Glaucoma

specialist. Note: A Ma- in- the PlaintiT s m edical 5le was iust placed on a routine stack to be

reviewed at a later date.

19. By now the Plaintifps vision had decremsed to the point where he was com pletely

unable to travel nor read or write without mssistance. Note: Thesq sm mtom s were caused by the

Dqfvndo t's unnecessarv delav in dispensinM the Plaintiœ s Glaucoma m edication as orescdbesd

by the specialist.

20. On April 10, 2019 the Plaintiff with the assistance of another inm ate tim ely

submitted an appeal to the secretary for the Florida Delmrtment of Corrections explaining in

detail the m edical providers Centurion and /or there agents or em ployee's along with the

participation of security have refused and/or failed to follow and carry out the outside Glaucom a

specialist prescribed treatment plan.

21. 0n M ay 1, 2019 the authorized respondents for the Secretary's Offce retum ed the

Plaintic s grievance alle/ng it wms fled untimely.See Grievance Log # 19-6-15039. Note: This

10-B

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 12 of 24
was rjn factl a-n ermneous and friw lo-us attempt to deny the PlaintiF a iust and meritorious

response.

22.

secretary's offce for the (F.D.O.C.) and the Florida Commission of Government Accountability.

On/or about M ay 3, 2019 the PlaintiF subm itted a form al complaint to both the

Note: Bot.h aaencies failed to respond.

23. At this point the Plaintiff had alerted every Defendant nnmed in this instant civil

complaint and with Feat detail m ade them aware of his debilitating m edical condition, ttand al1

w as to no avail-''

24. As such the Defendant's deprived Plaintiff of a Federal right while acting under the

color of state law where the Defendants were inform ed both by grievances filed by the Plaintiff

and his verbal attempt's to receive prescribed teatm ent.

25. n e Plainti& s grievance explained in detail llis debilitating condition thus gving

subjective knowledge of a risk of harm to al1 of the Defendants named above, yet all showed

deliberate indiference by disregarding that risk when they could have corrected those argued

issues in PlaintiFs l evance. This was and remains a serious medical need.

26. On/or about August 14, 2018 the Plaintiff becam e extremely sick and was in F eat

pain and discom fort, experiencing stomach pain and vom iting.

27. An ambulance was called to the prison and the Plaintiffwas taken to the em ergency

room at Hom estead General Hospital.

2#. n e Plaintis was seen evaluated and diar osed with ftacute pancreatitis'' by a Board

certised m edical doctor who presczibed multiple m edications and recom m ended treae ent.

10-C

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 13 of 24
29. The Doctor in the E.R. personally explained to the Plaintiff the seriousness of his

condition and advised him to follow a11 recomm ended treae ent.

30. Once the Doctor had stabilized the Plaintiffcondition and wrote prescribed orders for

treau ent he was kansported back to the institution.

31. W hen the Plaintiff returned to the institution he was placed in the infrmary, and the

following m om ing on 8-15-19 was discharged from the inhrmary and placed back into open

population while still experiencing the snm e symptom s.

32. On August 22, 2019 the Plaintif was seen by Dr. Peno for follow-up ordered by Dr.

Papillion, (CHO) on 8-15-19. See Clinicians order sheet in PlaintiT s medical Eles.

33. The PlaintiF has never received any treatment nor m edication for his pre-diar osed

serious m edical condition. Re Acute Pancreatitis. Note: For appm xim atelv (6) m onths now the

Pl-aintilhas bçen subivct-ed to-severe stomach pain. nauseam w mitimg-e-d discomfort.

34. n e Plaintiff has accessed sick-call on several occmsions complaining of the

unbearable pain and discom fort, and his inability to properly consum e food without vomiting.

ttA11 to no avail.''

35. The PlaintiF subm itted several rçquest and grievances in an eflbrt to obtain the

m edical records that were created by Hom estead General Hospital.

36. For several weeks the institutions m edical provider Centurion refused the Plaintif

access to his personal record set pursuant to Chapter 33-401 .701 (3)(A) F.A.C. lt is well known

that Centurion has policy/custom/practice of not providing proper services unless it is lifethreatening. Otherwise, their policy is for doctors/nurses to expend m inim um tim e/m oney.

10-D

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 14 of 24
37. On 9-4-19 the Plaintiff filed a pievance to the Health Service Adm inistrator, til7ena

Tate'' to inquire why he was not receiving treatm ent for his Pancreas. On 9-12-19 the p ievance

wis denied. Grievance Loa - 3-1909-0019.

38. On 9-21-19 the Plaintiff fled another g ievance to Dena Tate, explaining in detail

that the doctors under her supervision were not carrying out the specialist orders for treatm ent,

and again the grievance was denied. Sç: Grievance LoR # 463-1909-0157.

39. On 12-17-19 the Plaintil subm itted a fonnal grievance to the W arden, M r. Colon

explaining in detail the pain and suffering due to the m edical providers failure to treat his

Pancreatic condition. This grievance was reviewed by both the Chief Hea1th Of/cer, Dr. Papillon

and assistant W arden M ario Corrales and again the grievance was denied. See Gdevance Loz #

1912-463-166, 12-20-19.

40. On 1-1-20 PlaintiF fled an appeal to the secretary of the (F.D.O.C.) explaining that

the medical providers were delaying and/or outright refusing to teat his serious m edical needs.

This grievance was denied on 1-23-20. See- Grievance Log # 20-6-01175.

41. On/or about M arch of 2020 the Plaintiff fled a records request pursuant to chapter

766.204 (1)(2) and (3) to Homestead General Hospital to obtain a true and correct copy of the

treating physicians evaluation, diar osis and treatment recom m endations from his emergency

room visit on 8-14-19. PlaintiF has never received a response from the-ilospilAl.

42. At this point the Plaintif has alerted every Defendant nnmed in this instant civil

com plaint and with peat detail made each one aware of his serious medical need, ç%and aaain to

nO aVa .il ''

10-E

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 15 of 24
43. As such the Defendants depdved Plaintiff of a Federal right while acting under the

color of state 1aw where the Defendants were inform ed both by grievances iled by the Plaintiff

as well as his verbal attempts to receive proper and adequate treatm ent as prescribed by

specialist.

44. n e Plaintiff explained in detail his debilitating condition, constant pain, and

discomfort ttthus'' giving a11Defendants subjective knowledge of a risk for harm, yet a11

Defendants named above showed deliberate indifference by disregarding that risk when they

could have corrected those argued issues in Plaintim s grievances. 45. It has becom e a common

practice here at Dade C.I. for both Security and their medical provider, Centurion to i> ore

and/or delay adhering to or carrying out specialist orders and recom mendations for treating

serious m edical needs.

46. As a direct and proxim ate result of the above m entioned Defendants deliberate

indifference towards Plaintifs serious needs, the inadequate treatment and/or ttunnecessary delav

çKin the treatment of Plaintifrs severe Glaucom a and Pancreatitis, M r. Jenkins has suFered further

irreversible dnm age to his optic nerves which caused sir ificant loss of vision and m onths of

severe pain and discom fort without any resolve.

47. Docum ented medical records will in-fact substantiate that the Plaintiff M r. Jenkins

went a period of (5 %) and (8 %) months without any of his prescribed treatment and medications

that were ordered and prescribrd by both certified Glaucoma specialist and Board certifed

physician which would have prevented any further dam age and alleviated any further

unnecessary pain, suffering and discom fort.

IN CO NCLUSION

10-F

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 16 of 24
48. Both Centurion of Florida and/or their agents and employees, and Defendants Dr.

Papiollon and Dena Tate have participated in the Plaintiffs m edical trea% ent have shown

deliberate indifference towards Plaintiffs pre-diar osed serious m edical needs, thus violating

Plaintiffs Eight and Fourteenth Amendm ents to the United States Constitution.

CAUSE OF ACTIPN

CQUNT I = 42 U.S.C. :1983 CLAIM AGAINST CENTUW ON OF FLO RIDA

1) Plaintiff M r. Jenkins hereby inœ rporates by reference the allegations contained in

paragraphs through 48) above; as if set forth in FULL HEREIN.

2) Count 1 is brought against Defendant Centurion pursuant to 42 U.S.C. Section 1983

for deliberate indifference to the critical m edical needs of Plaintif, as an individual with a severe

Open Angle Glaucom a m edical condition and Pancreatic condition that required the previously

prescribed teatment to prevent any further substantial health deterioration, pain, discom fort, loss

of vision, and/or irreversible dnm age.

3) Centurion and/or it agents or employee's knew on Febnzary 1, 2019 that PlaintiT s

intra ocular pressm e (IOP) levels were elevated and that the specialist who evaluated his

condition ordered and prescribed the special Glaucoma eye drops to prevent any further loss of

V1S1On.

4) Centurion and/or it agents or employees, knew on August 14, 2019 that Plaintim s

acute Pancreatic condition wms also evaluated by a specialist whom also recom mended

prescribe treatment and m edication to treat his serious m ediczl condition.

5) Despite knowledge of Plainti& s serious medical needs, Centurion and/or its agents or

employee's were deliberately indiferent to those serious needs in failing to provide the

10-G

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 17 of 24
necessary medication care and treatm ent to Plaintiff in a timely m anner as previously prescribed

by both Glaucom a specialist and physician.

6) Centurion and/or its agents or employee's knew that taking no action and/or

insuo cient action could result in the rapid and perm anent deterioration of PlaintiT s health. But,

Plaintiff has 7 witnesses who will testify that Centurion intentionally instructs its

doctors/nurses/m edical providers to provide the ktAspirin Cure''',whereby Centurion will only

dispense aspirin to prisoners and cheap eye drops ms a pattem to save money, as Centurion is a

private tçfor-profh'' individual/entity. n ese facts are anecdotal at this point, but, ççdiscoverv''

will prove this by thousands of other prisoners Centurion does the çW spirin Cure'' to.

7) Plaintiff alleges it was Centurion's widespread custom, policy, practice and/or

procedm e to outright deny m edical treatment for or be deliberately indifferent to the serious and

potentially expensive medical problem s.

8) As a direct and proximate result of Centurions delay and/or denial of medical treatment

and/or deliberate indilerence towards Plaintiœ s serious medical needs, the tim ely and

inadequate treatm ent of both his Glaucom a and acute Pancreatitis Plaintif has suffered

siptiscantly more damage to the optic nerves due to elevated (IOP) levels, pain, discomfort,

mental anguish and a substantial loss of m ore vision in violation of Plaintifrs Eight and

Fourteenth Am endment rights.

9) As a result Plaintil suFered dnmages in an amount to be determined at trial for this

injury resulting pain, suffering, mental anguish, loss of vision, loss of capacity for the enjoyment

of life, expenses for his care and treatment in an elort to alleviate and cure his injuries. Such

10-H

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 18 of 24
also constim tes Cruelr nusual Punisbm ent, in violation '1' Am ndm ent to the U of the 8 e .s.

Constitution.

CO VNT 11 = 47 V.S.C. :1983-CLAIM AGAINST DR. F. PAPILLO.N

1) Plaintiff M r. Jenkins hereby incom orates by reference the allegations contained in

parapaphs E1 through 48) above; as if set forth in FULL HEREm .

2) At al1 time relevant, Dr. F. Papillon was the Chief Hea1th Offcer (CHO) employed by

Centurion of Florida, LLC at Dade Correctional lnstitution, and his om cial position is to ensure

that the doctors and nurses under his supervision properly perform their duties.

3) PlaintiF charges that Dr. Papillon, contrary to the Eight and Fourteenth Amendments

to the United States Constitution, knowingly and willfully exercised deliberate indifference by

failing to ensure that his staff and/or his self provided Plaintiff with the necessary and

recomm ended care treatm ent and medication in a timely m snner even aher O einM advised'' that

the Plaintif was not receiving the trea% ent recomm ended to prevent any further damage and/or

injury. Dr. Papillon had an ethical and professional responsibility to ensure that the Plaintif

received the proper care and treatment, pursuant to policies of Centurion to deny medical care for

purely econom ic remsons.tçspecifically,'' by failing to insure that Plaintiff received a1l his

m edications in a tim ely m nnner ms ordered by the outside specialist.

4) This failure to take action by Dr. Papillon was an exercise of deliberate indiFerence to

the health, safety, welfare, and Constitutional Rights of Plaintiffunder color of state law.

Dr. F. Papillon, with full knowledge of the unconstitutional nature of his actions, ap eed to and

did exercise deliberate indifference to the safety and health of Plaintiff which eventually resulted

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Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 19 of 24
in further inw ersible damage, pain and suffering, through the course of neglect from February 1,

2019 onward up to present tim e.

COUNT IlI - 42 U.S.C. :1983 CLAIM AGAG ST M S. DENA TATE

1) Plaintiff M r. Jenkins hereby incorporates by reference the allegations contained in

paragraphs (1 through 48) above; as if set forth in FULL HEREIN.

2) At a1l times relevant, M s. Dena Tate was the Health Service Administrator (HSA)

employed by Centurion of Florida LLC at Dade C.I. and her position was to oversee the entire

m edical depaM ent as a whole.

3) Plaintiff charges that Dena Tate contrary to the Eight and Fourteenth Amendments to

the United States Constitution, knowingly and willfully exercised deliberate indi/erence by

failing to ensure that the m edical personnel cnrried out the recom mended care treatm ent

prescribed by the outside specialist, even aher being advised of the Plaintim s m edical condition

through multiple pievances as stated above.

4) n is failure to take action by Dena Tate was an eàercise of deliberate indiference to

the health, safety, welfare, and Constitutional Rights of Plaintiff under color of state law and is

also Cruel and Unusual Punis m en , h t in violation of the 8* Amendment to the U.S. Constitution.

5) M s. Dena Tate, with full knowledge of the unconstitutional nature of her actions,

av eed to and dfd exercise deliberate indifferencc to the safety and health of Plaintif which

eventually resulted in pain, suffering, injury and damage to the Plaintic s optic nerves through

the course of neglect from February 1, 2019 through present, and one a continuing basis,

worsenina, and, rendering Plaintifrtçlegally blind''.

Respectfully subm itted,

10-J

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 20 of 24
10-14-20

Dated

/s/ #kzkz *

Alfonso Jenkins, #047210

11

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 21 of 24
VERIFICA TION /OA TH

1, Alfonso Jenkins affirm under penalty of perjury that the foregoing

document is true and correct. Per 28 U.S.C, 1746(2), and 1 have read it in full.

10-14-20

Dated

Respectfully subm itted,

.4*

lsI , - ----

Alfonso Jenkins, #047210

Dade Correctional lnstitution

19000 S.W . 377th Street

Florida City, Florida 33034

12

Case 1:20-cv-22604-DPG Document 13 Entered on FLSD Docket 10/20/2020 Page 22 of 24
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