Beruflich Dokumente
Kultur Dokumente
June 6, 1994
No. 93-2118
NAZZARO SCARPA,
Plaintiff, Appellant,
v.
LARRY E. DUBOIS, ET AL.,
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
___________________
____________________
Before
Selya, Cyr and Boudin,
Circuit Judges.
______________
____________________
Nazzaro Scarpa on brief pro se.
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Nancy Ankers White, Special Assistant Attorney General,
____________________
William D. Saltzman on brief for appellee Larry E. Dubois.
___________________
____________________
____________________
Per Curiam.
__________
the
Northeastern
Massachusetts,
pursuant
Correctional
Nazzaro
Scarpa
to 42 U.S.C.
alleged
that (a)
insulation; (b)
but
did nothing
(NCC),
filed,
pro
Commissioner of Correction.
official capacity,
Center
but in
his cell
in
se,
Concord,
a lawsuit,
E. Dubois, the
not in his
Scarpa
asbestos pipe
exposure; (c)
asbestos was blown about when his window was open; (d) Scarpa
washed white
powdery asbestos
every morning;
(e)
been
seen
by a
doctor,
who prescribed
states
via
the
medication
Fourteenth
for an
Scarpa alleged
Amendment)
and requested
five
attached to
his
1983 complaint
a copy
of a
the
Division
of
Community
Sanitation
of
the
state
to Jake Gadsen,
____________________
1. Scarpa
attached to
his complaint
a label
to a
prescription for tetracycline.
The label references a Dr.
O'Dwyer.
We presume, therefore, that Dr. O'Dwyer also
ordered the x-ray.
-2-
Administrator of NCC.
Defendant Dubois
was "cc-ed" on
the
letter
recited
that
NCC had
been
inspected
on
and
regulations.
the letter.
of NCC
listed in
bathroom sink,
a badly
"asbestos pipe
pitted floor,
insulation
having
the
existence
of
for example,
cigarette
It cited Cell 36
ripped."
The
cover
It
did
state
the
following:
The inspection revealed the need for
extensive window work.
Problems include
broken window crank mechanisms, windows
that won't close tightly, and cracked
windows. It was also noted that there is
water leaking through the walls into the
electrical room.
In accordance with Section 451.404
of the previously mentioned regulations
please indicate next to each entry on the
enclosed Report of Condition, a plan of
correction.
Said plan of correction
should detail the specific steps that
will be taken and the date by which
compliance should be expected.
In July 1993, Scarpa
at
a nurse
as additional defendants.
summary judgment.
of his
by Friel
ray.
alleged that he
submitted several
"never been called"
He further alleged
for
complaint, Scarpa
requests for
that he
"disregarded"
had
that he had
received a memorandum
done so,
but
that the
Scarpa
grievance
was
Friel and
ordered
judgment
for
the
That
same
defendants,
sua
sponte.
To
component
(did
the
(1st Cir.
objective
a violation
act
and a
with
v. Moran, 949
_____
834 F.2d 9, 12
F.2d 15, 18
(1st Cir.
1987).
In
other
indifference to
words, Scarpa
must
a serious medical
show
need.
deliberate
Wilson
______
v. Seiter,
______
-4-
501 U.S.
at 303; see
___
also Hudson v.
____ ______
McMillian, 112
_________
S. Ct.
best, Scarpa's
complaint
piping insulation
alleges only
in Cell 36
knowledge
from
received
directed
to Administrator
ripped
copy of
the
insulation
violations.
Director
we
infer
that
Wensley's
Gadsen.
Cell
Dubois
36
among
infer
apparently
letter and
That
and
report
report noted
12-page
list
the
of
Wensley
highlighting of the
leaking
in
was ripped
fact
Director
that Dubois
in
any
manner, as
contrasted
knowledge
from
with
the
repair and of
directed
to
another's
attention,
asbestos
in
which
the
reference
to
ripped
Even if we were
existence
of the
violate
F.3d
123,
124-25 (7th
Cir.
1994)
(the mere
presence
of
asbestos-covered
pipes
does
not
constitute
v. Edgar, 831
_____
an
Eighth
F. Supp. 621,
624
364 and
Scarpa's
acted (or
sufficiently
his
culpable
medical complaints
failure to
state
act
of mind.
and, thus,
was joined)
that
with
Scarpa, therefore,
____________________
notation that "friable asbestos pipe insulation" was found in
the "old boiler room" in the basement.
4. Even granting that Director Wensley's Report of Condition
sufficed to give notice to Dubois of ripped asbestos pipe
insulation in Cell 36, that report did not describe friable
asbestos in Cell 36.
Contrast the report's description of
"friable asbestos pipe insulation" found in the old boiler
room in the basement.
-6-
v.
Moran, 949
_____
F.2d
at
19 (citations
omitted)
(emphasis added).
As for
allegations
send
Friel refused to
file a grievance; and (c) Scarpa did, but he was unhappy with
the results of that
process.5
Summary judgment in
procedure by
suggest
that
which to
such
get
conduct
favor of
could
It
amount
is perverse
to
to
deliberate
Friel's
need.
do not
believe
deliberate indifference
Scarpa
medication,
conduct, we
threshold for
for
got
his
some
treatment,
medical
allegation as
that it
meets the
to a
serious medical
i.e,
the
complaints.
prescribed
Although
he
file, a grievance.
That the
an x-
____________________
5.
ray
suggests
to
us that
the
prescribing
the absence of
treatment, or
be a grave one.
13 ("Where the
doctor did
not
Cf. Sires
___ _____
choice of a certain
mere disagreement
with
course of
considered
purpose of
an x-ray is
not preventative
to provide the
Harm to
x-ray during
diagnosis
of injury.
of this lawsuit,
brief, Scarpa
but prior
to the filing
of his
appellate
had
an x-ray, if
he continued to
if anything, of significance
failure
to provide
an
x-ray.
adverted
1990) ("It
to
on
is settled
appeal
in
That omission
in this
a
Indeed, his
specificity, the
(1st Cir.
issues
He has
is
perfunctory
manner,
to
-8-
For
the foregoing
reasons, we
affirm the
______
judgment in
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