No. 23-6237

Gregory I. Ezeani v. William Anderson, Warden, et al.

Lower Court: Third Circuit
Docketed: 2023-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights detention due-process federal-prisoner healthcare-denial immigration immigration-detention medical-negligence medical-treatment retaliation
Key Terms:
DueProcess FourthAmendment Immigration Privacy
Latest Conference: 2024-02-16
Related Cases: 23-6294 (Vide) 23-6295 (Vide)
Question Presented (AI Summary)

Whether the plaintiff's constitutional rights were violated when DHS/ICE unlawfully arrested him, denied him proper medical treatment, and failed to follow the treatment plan prescribed by Rutgers University doctors

Question Presented (OCR Extract)

QUESTION PRESENTED | Briefly, the plaintiff who is a native and citizen of Nigeria arrived in United states from } Canada for engineering graduate studies. The plaintiff is a doctorate degree student who | works at Essex County college located in New Jersey as adjunct professor starting from 2017 to 2019 before DHS/ICE unlawfully broke into the plaintiff residence with a gun pointing on the plaintiff to surrender his international Nigeria travelling passport. The plaintiff was arrested under gun duress from his house then transported to DHS/ICE office in Newark where he was charged with falsified immigration charge that is not true and this falsification . of charge has been judged and determine in third circuit court appeal court in a case of , Gregory Ezeani vs Jimenez et al. Case no: 22-3182(3"4 cir.2023). The plaintiff was moved to Essex County correction jail for removal proceedings. The Essex County correction officer interviewed the pro se to determine his detention classification then the pro se explained to the officer that he is an adjunct professor teaching at Essex County college business school and a Doctorate degree student who never committed no crime for over 10 years living in United State. The Essex County correction officer said to the pro se that he does not believe him and made the decision to put the pro se in a cell meant for criminals. The pro se never committed any crime so cell detention is not DHS/ICE designated area for immigration federal prisoners who never committed crime. The pro se stayed in a cell for months and got infected with irreparable diabetes disease resulting from induced stress of the cell (See Exhibit 1 showing where the pro se was locked which is a cell that is not the designated 2 ‘ i DHS/ICE area for federal prisoner who have not committed crime). The pro se came to the Essex County jail with no sickness but good health because he was diagnosed at Essex County correction during time of jail admission with no sickness when he arrived at the jail on May 28th, 2019. On September 16, 2019, the pro se felt diabetes sickness and was shackled up and transported to Rutgers emergency hospital. Moreover, after the emergency room treatment of diabetes resulted from high blood sugar, the Rutgers university doctor advised the plaintiff that his health was on a danger of irreparable diabetes risk of losing all | his body functional parts and possible death if proper immediate care is not taken. The doctor at Rutgers university emergency hospital prepared a medical treatment plan for the pro se that will last for the rest of the plaintiff life and made immediate follow up of pro se to a diabetes specialist doctor in Rutgers university medical hospital. The doctor during medical explanation of pro se medical treatment plan with the pro se stated that the pro se will require a regular diabetic doctor treatment for other body treatment such as kidney, ; heart etc., A specialist foot doctor treatment plan annually and A specialist eye doctor treatment plan annually so that the pro se will not lose his body relevant functional parts. . The doctor issued a medical doctor treatment plan starting with two days return to a diabetes doctor visit to continue treatment follow up. The pro se was shackled and transported to Essex County correction facility then on arrival, Essex County correction officer requested that the pro se must submit his original medical report from Rutgers University emergency hospital. The pro se refused but a couple of officers overpowered the pro se and confiscated the pro se original medical report from Rutgers university emergency hospital. Immediately after the pro se medical record confiscation, the pro se was directed to see the Nurse of CFG health systems who was contracted by Essex County correction to 3 treat federal prisoners at the facility. The Nurse of CFG health system said to the pro se that the facility is not going to use the medical doctor treatment plan issued

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-05
Waiver of right of respondent CFG Health Systems, LLC to respond filed.
2023-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2024)

Attorneys

CFG Health Systems, LLC
Jeffrey Scott McClainHoltzman McClain & Londar, PC, Respondent
Gregory Ezeani
Gregory Ifesinachi Ezeani — Petitioner