Case 1:18-cv-11669-DJC Document 1 Filed 08/06/18 Page 1 of 5

United States District Court

Eastern Division
District of Massachusetts

Peter Hrycenko
Plaintiff,

- V -

Civil Action No.

- Thomas Turco III, Commissioner of ----
Massachsuetts Department of Correction COMPLAINT
- Superintendent of MCI-Nor folk
- St ephanie Byron, Health Service Administrator(HSA), MCI - orfolk
- Centurion Healthcare
- Massachusetts Partnership f or Correctional Healthca re (MPCH)
_ Sameh Elgeziry Dentist
Individually an~ i n heir official capacities ,
Defendants.

I. Juri sdiction & Venue

1. This is a civil action authorized by 42 U.S.C. Dection 1983 to redress the

deprivation, under color of state law , of rights secured by the Constitution of
the United States. the court has jurisdiction under 28 U.S.C. Section 1331 and
1343 (a)(3). Plaintiff Hrycenko seeks declaratory relief pursuant to 28 U.S.C.
Sevtion 2201 and 2202 . Plaintiff Hrycenko's claims for inj unctive relief are
authorized by 28 U.S.C. Section 2283 & 2284 and Rule 65 of the Federal Rules of
Civil Procedure.
2. The Eastern Division of the District of Massachusetts i s an appropriate
venue under 28 U.S.C. section 1391 (b)(2) because it is where the events giving
rise to this claim occurred.

II. Plaintiff

3. Plaintiff Peter Hrycenko, is and was at all times mentioned herein a prisoner
of the (State) Commonwealth of Massachusetts in the care and custody of the
Massachusetts Department of Correction. He is currently confined in Massachusetts
Correctional Institution at Norfolk (MCI-Norfolk), Massachusetts.

III. Defendants

4. Defendant Thomas Turco III is the Commissioner of Massachusetts Department

of Correction. He is legally responsible for the operation of all Massachusetts
State Prisons and MCI-Norfolk and for the welfare of all the inmates at MCI-
 Case 1:18-cv-11669-DJC Document 1 Filed 08/06/18 Page 2 of 5

Norfolk.

5. Defendant Superintendent of MCI-Norfolk. He is legally responsible for

the operation of MCI-Norfolk and for the welfare of all the inmates at MCI-
Norfolk .

6. Defendant Stephanie Byron, Health Service Administrator, MCI-Norfolk was

responsible at the time of the operations within the medical department at MCI -
Norfolk.

7. Defendant Centurion Healthcare is the contract provider for all healthcare

, dental needs in the State of Massachusetts at the time of these events.

B. Defendant Massachusetts Partnership for Correctional Heal t hcare (MPCH) was

the State division of Centurion healthcare at the times of the events giving rise
to this claim.

9. Defendant Sameh Elgeziry Dentist was the dentist that gave rise to this
claim. He holds the title of Dentist for MPCH / Centurion Healthcare under
contract with the Massachusetts Department of Correct ion.

10. Each defendant i s sued individually and in their official capacity. At

all times mentioned in this complaint each acted under the color of state law.

III . Facts

11. On 9/26/2012 I filed my first grievance in regard to dental care. My

den t l eed s were ignored at MCI-Ceder Junction for 152 days . The rational that
was provided was that I was transient.

12. On 8/30/13 I did see the dentist at MCI-Norfolk who stated it would be
at least 6 months before I received care.

12. On 9/13/12 I s ooke to Maureen Atkins at Access hour who indicated t o me

that I file an informal complaint which I did on 9/13/12 and received a response
from the director of security on 9/20/12 (William J. Grossi) who instructed me ta
file a medical grievance . I also informed the medical provider in this grievance
that if my teeth were worked on that they could be saved.
14 I informed the medical services department in the form of a grievance on
9/26/12 of these facts. The response was" This is not a grievable issue, and I
would be seen in November or December without further investigation.

15. On 2/1/2014 I filed another grievance indicating the lack of dent al care
and the fact I received 2 fillings which fell out. I further detailed my concern
of losing 2 fron t t ee th. I detailed the chipped teeth which due to deliberate
indifference and lack of care became worse. I informed staff verbally and in
writing on several occasions at to lack of care, and the deliberate indifference
by staff.

16. On 2/11/14 I made another attempt to receive dental care in line wi th

policy practice and regulation. My prior grievance of 2/1/14 was not fully
transcribed a nd lacked the detail I provided in my prior grievance. The response
 Case 1:18-cv-11669-DJC Document 1 Filed 08/06/18 Page 3 of 5

from Maureen Atkins RN on 2/4/14 indicates HSA's interpretation of my filed

grievance using terms such as ''Inmate States" which violated policy and
regulation in regard to grievance being filed as to the Inmates grievance. This
was not done and violated the MPCH / DOC contract and policy.

17 . July 22,2015 I submitted a sick slip and saw the dentist on the 24th.
The tooth was infected and had to come out. This too h had been filled earlier by
MPCH and had always given me pain but always faded the next day. I explained to
the dentist it began hurting me on the 22nd. The dentist said he would give me
500 Mg of Amoxicilin and sent the dental tech to retrieve the medication . I the n
request pain medication due to the intense pain for a couple of days until the
antibiotics kick in. The dentist replied "I don't give pain medication". The
dentist said he noticed from my chart I was on tylenol and to just take them for
the pain, and the antibiotics should work by tomorrow. I indicated the pain was
becoming unbearable . I indicated to him that the tylenol was not working and only
lasted about 30 minutes at the most. I then wrote a detailed medical slip seeking
help and detailed my interaction with the dentist Elgeziry. About midnight 2
officers came to my cell and escorted me to medical . I was questioned by a nurse
and she gave me some tests which caused her to conclude I need to be taken
Emergency to Norwood Hospital. This occurred around 1 or 2 AM. I arrived at
Norwood Hospital who began to provide me pain medication. Later my face (left
side) became bloated which caused great concern . I was then hooked to I.V.'s and
flushing of my kidneys and liver began. I left 5 days later and then on August
8th I received a bill in the mail for $18,684.55 . The dentist was completely
negligent in care and Linda Farag Grievance coordinator did fail t o provide for
corrective action or care in my long delayed dental needs .

18 . On 8/7/15 I filed yet another grievance #82672 indicating my ongoing

issues with dental and pain and failure to treat my condition consisten t with
health care practice which was denied by HSA Byron on B/11/15. It is clear from
the response that there was no care or consideration for my pain. The fact that
the l ack of care required my hospitalization at Norwood Hospital for 5 days
supports my claims.

IV Exhaustion of Legal Remedies

19 . Plaintiff Hrycenko used the prisoner medical grievance procedure

avail able at MCI-Norfolk to try and solve the problem. Throughout the period
noted within the statement of facts the plaintiff presented the facts relating to
this complaint. On or about August 11 , 2015 Health Service Admi nistrator (HSA)
Byron provided a final f, decision and denied grievance #82672, indicating that my
treatment was consistent with health care practice.

V. Legal Claims

20. Plaintiff reallege and incorporate by reference paragraphs 1 -19.

21. Defendant Turco failed to correct the misconduct and lack of treatment.
Defendant Turco's actions violated plaintiff Hrycenko's rights under the Eighth
Amendment to the United States Constitution, and caused Plai~tiff Hrycenko pain,
 Case 1:18-cv-11669-DJC Document 1 Filed 08/06/18 Page 4 of 5

suffering, physical injury and emotional distress .

22. Defendant Superintendent of MCI-Norfolk failing ta correct the misconduct
and lack of treatment. Defendant Superintent of MCI-Norfolk actions violated
plaintiff Hrycenka's rights under the Eighth Amendment to the United States
Constitution, and caused Plaintiff Hrycenko pain, suffering, physical injury and
emotional distress .

23. Defendant Byron (HSA) failed to properly act in a professional manner and
showed deliberate indifference to the plaintiff's pain and medical needs.
Defendant Byron's actions violated plaintiff Hrycenko's rights under the Eighth
Amendment to the United States Constitution, and caused Plaintiff Hrycenko pain ,
suffering, physical injury and emotional distress.

24. Defendant Centurion Healthcare 's failing to correct the misconduct and
lack of treatment, actions violated plaintiff Hrycenko's rights under the Eighth
Amendment to the United States Constitution, and caused Plaintiff Hrycenko pain,
suffering, physical injury and emotional distress.

25. Defendant Massachusetts Partnership for Correctional Healthcare (MPCH)

failing to correct the misconduct and lack of treatment , actions violated
plaintiff Hrycenko's rights under the Eighth Amendment to the United States
Constitution, and caused Plaintiff Hrycenko pain, suffering, physical injury and
emotional distress.

26. Defendant Elgeziry failed ta properly treat, act in a professional manner

and showed deliberate indifference to the plaintiff's pain and medical needs.
Defendant Elgeziry's actions violated plaintiff Hrycenko's rights under the
Eighth Amendment to the United States Constitution, and caused Plaintiff Hrycenko
pain, suffering, physical injury and emotional distress.

27. Plaintiff Hrycenko has no plain, adequate or complete remedy at law to

redress the wrongs described herein. Plaintiff has been and will continue to be
irreparably injured by the conduct of the defendants unless this court grants the
declartory and injunctive relief which plaintiff seeks.

VI. Prayer For Relief

Wherefore, plaintiff respectfully pray that this court enter judgement:

28. Granting Plaintiff Hrycenko a declaration that the acts and omissions
described herein viola te his rights under the Constitution and laws of the United
States, and
29. A preliminary and permanent injunction ordering defendants to provide
proper medical/ dental care to Plaintiff Hrycenko, and

30. Granting Plaintiff Hrycenko damages (compensatory & punitive) in the

amount of 250,000 against each defendant, jointly and severally

31. Plaintiff Hrycenko also seeks any future possible medical/ dental
exoenses resulting from this matter to include but not be limited to mental
 Case 1:18-cv-11669-DJC Document 1 Filed 08/06/18 Page 5 of 5

health counseling.

32. Plaintiff also seek a j ury trial an all issues triable by jury.

33. Plaintiff also seek recovery of casts in this suit and legal fees
incurred as a result.

34. Any additional relief this court deems just, proper, and equitabl e .

Dated 7/~/18

Verification
I have re ad the foregoing complaint and hereby verify that the matters
alleged therein are true, except as to matters alleged on information and belief,
and, as to those , I believe them to be true. I certify under penalty of perjury
that the foregoin g is true and correct.

Executed at MCI - Norfolk, Norfolk Massachusetts on July 29,201 8

Peter Hrycenko
 Case 1:18-cv-11669-DJC Document 1-1 Filed 08/06/18 Page 1 of 1

United States District Court

[astern Division
District of Massachusetts

Peter Hrycenko
Plaintiff,
SUMMONS
- V -
Civil Action No
Thomas Turco III, Commiss ioner of ----
Massachsuetts Department of Correction
Superintendent of MCI-Norfolk
Stephanie Byron, Health Service Administrator{HSA), MCI-Norfolk
Centurion Healthcare
Massachusetts Partnership for Correctional Healthcare (MPCH)
Sameh Elgeziry Dentist
Individually and in their official capaci ies ,
Defendants.
TO THE ABOVE NAMED DEFENDANTS
You are hereby summoned and required to serve upon plaintiff, whose address
is MCI-Norfolk, P.O. Box 43, 2 Clark Street, Norfolk Massachusetts 02056 an
answer to the complaint which is herewith served upon you, within 20 days after
service of this summons upon you, exclusive of the day of service, or 60 days if
the U. S. Government or office r / agent thereof is a defendant. If you fail to do
so, judgement by default will be taken against you fro the relief demanded in the
complaint.

Clerk of the Court

Date:
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