Judge Joseph Bianco
Pro se plaintiff Butler brought an action against Suffolk County Correctional Facility Medical Center and others, alleging a denial of medical care under 42 USC 1983 during his period of incarceration in the Suffolk County jail. Butler claimed that his constitutional rights were violated when he was not prescribed the medication that he believed he should have received for treatment of a gunshot wound suffered prior to his period of imprisonment. Defendants moved for summary judgment on grounds Butler failed to show a county custom or policy that caused a violation of his civil rights, and that he therefore lacks requisite proof to show Monell claim. The court granted defendants’ motion for summary judgment, determining Butler provided no evidence that defendants engaged in customs or policies that caused a constitutional violation. The court noted that Butler conceded that he received medical treatment whenever requested, and also admitted that he did in fact receive medication for his alleged injuries, but his real source of contention was that he was not of the same opinion as his doctors regarding the appropriate antidote for his ailments.
