United States District Court, D. Massachusetts
MEMORANDUM & ORDER
Nathaniel M. Gorton United States District Judge.
case arises out of a dispute concerning the treatment of
plaintiff's health problems in a Massachusetts
correctional facility. The pro se plaintiff, John
Tague, claims that, during his incarceration at Old Colony
Correctional Center in Bridgewater, Massachusetts, healthcare
personnel failed to provide him with satisfactory medical
care in violation of 1) Article 26 of the Massachusetts
Declaration of Rights through the Massachusetts Civil Rights
Act (“the MCRA”), M.G.L. c. 12 § 11H and 11I
and 2) the Eighth Amendment to the United States Constitution
through 42 U.S.C. § 1983. Plaintiff also alleges that
defendants threatened and intimated him in violation of the
following motions are pending before the Court:
1) Plaintiff's motion to remand (Docket No. 10),
2) Plaintiff's motion to amend his motion to remand
(Docket No. 24),
3) Plaintiff's motion to amend his complaint (Docket No.
4) Plaintiff's motion to appoint counsel (Docket No. 56),
5) Plaintiff's motion to clarify the jurisdictional
statement (Docket No. 13),
6) Defendants' motion to dismiss (Docket No. 16) and
7) Plaintiff's motion to allow service to be considered
complete (Docket No. 25).
pro se plaintiff, John Tague, is serving a life
sentence in a Massachusetts correctional facility and is
currently incarcerated at Souza-Baranowski Correctional
Center in Shirley, Massachusetts. During the events at issue,
he was incarcerated at Old Colony Correctional Center
(“OCCC”) in Bridgewater, Massachusetts.
are various employees of the Massachusetts Partnership for
Correctional Health (“MPCH”), a private
contractor that provides health services to inmates in the
custody of the Massachusetts Department of Correction.
Defendant Khiem Tran is a medical doctor, defendants Paul
Caratazzola and Emily Holmes are Health Services
Administrators and defendant Linda Farag is the Grievance and
his incarceration, plaintiff was diagnosed with
Charcot-Marie-Tooth disease, a progressive neurological
disorder that eventually incapacitates the body's
extremities and spinal column and often results in foot
deformities and mobility issues. Plaintiff submits that, due
to that disease, he has high arches, claw toes and requires a
wheelchair, although he is occasionally able to use a walker.
claims that numerous physicians, including Drs. Enau, Angel
and Hameed, and nurse practitioner Linda Rosa have prescribed
narcotics, such as morphine, methadone, klonopin and
gabapentin, for the pain that results from his condition.
According to plaintiff, those healthcare providers ruled out
pain killers such as Tylenol and ibuprofen because they are
ineffective. His morphine prescription was last renewed by
Dr. Hameed in September, 2015.
October, 2015, Dr. Khiem Tran began treating plaintiff. Dr.
Tran reduced plaintiff's morphine use and then used a
tapering schedule to end it altogether. As of January, 2016,
plaintiff's pain was being treated with amitriptyline (a
nerve pain medication), carbamazepine (a nerve pain
medication), baclofen (a muscle relaxer) and acetaminophen (a
pain medication). Three months later, Dr. Tran prescribed
tegretol (a nerve pain medication), amitriptyline (a nerve
pain medication), Tylenol and indomethacin (a pain
medication) to treat plaintiff's pain.
his morphine prescription was terminated, plaintiff filed a
grievance with MPCH in October, 2015 and defendant
Caratazzola responded one month later. Plaintiff appealed the
denial of his grievance and alleges that defendant Farag
disposed of his appeal in an improper manner
by slyly merging a letter Tague wrote to her of only one page
AFTER he submitted his appeal, ...