Opinion

RYTSAR

Court
District Court, W.D. Pennsylvania
Filed
Aug 28, 2026
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ERIE

GALINA RYTSAR, )

)

Plaintiff ) 1:25-CV-00205-RAL

)

VS. ) RICHARD A. LANZILLO

) Chief United States Magistrate Judge

SIMEON K. OBENG, DOCTOR; )

RENEE ROCKWOOD, CRNP; AND ) MEMORANDUM OPINION ON

HARMON, (JANE) MEDICAL ) MEDICAL DEFENDANTS’ MOTION

COORDINATOR, ) TO DISMISS

Defendants RE: ECF NO. 15

Defendants have moved under Fed. R. Civ. P. 12(b)(6) to dismiss all claims of

Plaintiffs Complaint. See ECF No. 15. For the following reasons, Defendants’ motion

will be GRANTED in part and DENIED in part.

I. Relevant Procedural History

Plaintiff Galina Rytsar (“Rytsar”) is an inmate in the custody of the

Pennsylvania Department of Corrections (“DOC”) at its State Correctional Institution

at Cambridge Springs, Pennsylvania (“SCI-Cambridge Springs”). She commenced

this pro se action against Dr. Simeon, K. Obeng, PA Renee Rockwood, and Health

Services Administrator Morgan Harmon (collectively “Defendants”), three

individuals contracted to provide medical services to inmates at SCI-Cambridge

Springs. See ECF No. 6 at 1.

1 The parties have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28

U.S.C. § 636(C).

Rytsar’s Complaint asserts an Eighth Amendment claim against all

Defendants based on their alleged deliberate indifference to her serious medical

needs and a Fourteenth Amendment substantive due process claim against

Defendants Obeng and Rockwood based on their alleged failure to disclose the side

effects and risks associated with medication they prescribed for her. As relief, the □

Complaint seeks nominal and punitive damages and a declaration that the

Defendants’ acts and omissions violated Rytsar’s rights under the U.S. Constitution.

The Complaint does not request compensatory damages. Defendants have moved to

dismiss all claims against them pursuant to Fed. R. Civ. P. 12(b)(6). ECF No. 15.

The motion has been fully briefed and is ripe for disposition. See ECF No. 16

(Defendants’ brief in support); ECF No. 21 (Rytsar’s brief in opposition).

Il. Standard of Review

A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) tests

the legal sufficiency of the complaint. Kost v. Kozakiewicz, 1 F.3d 176, 183 (8d Cir.

1993). In deciding a Rule 12(b)(6) motion to dismiss, the court must accept as true

all factual allegations of the complaint and views them in a hight most favorable to

the plaintiff. See Phillips v. Cnty. of Allegheny, 515 F.3d 224, 228 (3d Cir. 2008)

(citing Worldcom, Inc. v. Graphnet, Inc., 343 F.3d 651, 653 (8d Cir. 2003). In making

its determination under Rule 12(b)(6), the court is not opining on whether the

plaintiff is likely to prevail on the merits; rather, the plaintiff must only present

factual allegations sufficient “to raise a right to relief above the speculative level.”

Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556 (2007) (citing 5 C. Wright & A.

Miller, Federal Practice and Procedure § 1216, pp. 235-36 (8d ed. 2004)).

Furthermore, a complaint should only be dismissed pursuant to Rule 12(b)(6) if it

fails to allege “enough facts to state a claim to relief that is plausible on its face.” Id..

at 570.

While a complaint does not require detailed factual allegations to survive a

motion to dismiss, it must provide more than labels and conclusions. Id. at 555. A

“formulaic recitation of the elements of a cause of action will not do.” Id. (citing

Papasan v. Allain, 478 U.S. 265, 286 (1986)). Moreover, a court need not accept

inferences drawn by a plaintiff if they are unsupported by the facts alleged in the

complaint. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Nor must the court accept

legal conclusions disguised as factual allegations. See Twombly, 550 U.S. at 555;

McTernan v. City of York, Pennsylvania, 577 F.3d 521, 531 (8d Cir. 2009) (“The tenet

that a court must accept as true all of the allegations contained in a complaint is

inapplicable to legal conclusions.”).

Finally, because Rytsar is proceeding pro se, her Complaint will be held to “less

stringent standards than formal pleadings drafted by lawyers.” Haines v. Kerner,

404 U.S. 519, 520-521 (1972). If the Court can reasonably read his pro se pleading to

state a valid claim upon which relief can be granted, it will do so despite his failure

to cite proper legal authority, confusion of legal theories, poor syntax and sentence

construction, or unfamiliarity with pleading requirements. See Boag v. MacDougall,

454 U.S. 364 (1982); United States ex rel. Monigomery v. Bierley, 141 F.2d 552, 555

(3d Cir. 1969). But “any pleading must still contain sufficient factual allegations that,

when accepted as true, ‘state a claim to relief that is plausible on its face.” Heffley v.

Steele, 2019 WL 5092127, at *4 (W.D. Pa. Oct. 11, 2019), aff'd, 826 Fed. Appx. 227

(3d Cir. 2020) (citations omitted).

Ill. Factual Allegations and Claims

For purposes of the pending motion to dismiss, the Court accepts as true the

following factual allegations of the Complaint. In December 2019, Rytsar complained

to Defendant Rockwood that she was experiencing chest pains. ECF No. 6, { 5.?

Rockwood prescribed Coumadin, a blood thinner. He explained that Rytsar was □

experiencing chest pain “because her blood was too thick” and was preventing

adequate oxygen to her heart. Rockwood did not inform her of the side effects, risks,

or symptoms to look out for if the dosage of Coumadin was incorrect or discuss

medications that should not be taken while she was on Coumadin.

Sometime in 2023, Defendant Obeng changed the strength of her Coumadin,

allegedly without her consent and without warning her about potential side effects or

risks. On August 15, 2023, Rytsar noticed a large unexplained bruise on her thigh

area. Thereafter, Rytsar developed more bruising on her body and suffered from nose

bleeds. Rytsar then began developing joint pain in her ankles and wrists as well as

experiencing dizziness and periodic blackening in her vision. By early September

2023, Rytsar became concerned because she was experiencing extreme weakness and

pain as well as swelling to her arms and legs making it difficult for her to walk or use

her hands.

2 The relevant factual allegations are set out in paragraphs 5-21 of Rytsar’s Complaint (ECF No. 6).

Citations to the pleading are omitted except for quoted allegations.

On September 5, 2023, Rytsar went for her monthly International Normalized

Ratio or “INR” test to measure her clotting time, but the nurse could not get a

readable result despite several tries on two different machines. The nurse informed

Rytsar that her blood was too thin to allow a readable result. Rytsar then showed

the nurse the bruising on her body and notified her of the extreme weakness she was

feeling and pain she was experiencing in her ankles and wrists. The nurse attempted

to reach Obeng three times but was unsuccessful; she recommended that Rytsar

refuse her Coumadin because she believed it was causing her symptoms.

On September 6, 2023, Rytsar placed a sick call regarding the pain and

swelling she was experiencing and expressed concerns of developing blood clots. .

Defendant Harmon failed to schedule an appointment for her to be seen by medical.

By the evening of September 7, 2023, Rytsar had not heard from medical, and she

spoke to a sergeant on duty and explained her symptoms. The sergeant called

medical and sent Rytsar to be seen by two nurses on duty. The nurses stated they

were unable to do anything without the approval of Dr. Obeng, who had already left

for the evening. The nurses informed Rytsar that they would call her the following

day, however, she was not seen or called.

Rytsar conducted her own research using the library at SCI-Cambridge

Springs and discovered that Coumadin should not be taken with Zoloft, the blood

pressure medication she was currently prescribed. If Rytsar had been informed of

the risks and symptoms associated with Coumadin, she would have refused to take

and thereby avoided the suffering and discomfort she had experienced.

Based on the foregoing alleged facts, Rytsar asserts two distinct but related

constitutional claims: (1) an Eighth Amendment claim against all Defendants based

on alleged deliberate indifference to her serious medical needs; and (2) a Fourteenth

Amendment substantive due process claim against Defendants Rockwood and Obeng

_ based on their alleged failure to inform her of the risks, contraindications, and side

effects of Coumadin. In support of their motion to dismiss these claims, Defendants

argue that (1) Rytsar is barred from recovering monetary damages because she did

not request them in any of her prison grievances; (2) Rytsar’s Complaint fails to state

a claim under the Eighth Amendment because the facts alleged do not support a

finding that any Defendant acted with deliberate indifference to her medical needs;

and (3) Rytsar’s Fourteenth Amendment claim fails because federal law does not

recognize a prisoner’s right to informed consent to prescription medication.

IV. Discussion and Analysis

A. Rytsar procedurally defaulted her claims for compensatory, nominal,

and punitive damages by failing to request such relief in her grievances,

but she did raise and preserve her demand for declaratory relief.

Defendants argue that Rytsar is precluded from recovering monetary damages

in this lawsuit because she did not request such relief any administrative grievance

submitted at the prison. Under the Prison Litigation Reform Act (“PLRA”),

3 In support of this position, Defendants have attached Rytsar’s grievance history, copies of her

grievances and appeals, and an affidavit to their brief in support of their motion to dismiss. See ECF

Nos. 16-2, 16-3. This Court normally does not permit a defendant asserting an administrative

exhaustion affirmative defense in a motion under Rule 12(b)(6) to rely on materials outside the

pleadings unless the defendant moves in the alternative for summary judgment and complies with the

requirements of Western District of Pennsylvania Local Civil Rule 56.C, including the requirement

that the motion be accompanied by a concise statement of material facts. This requirement is intended

to ensure that a plaintiff has a fair and procedurally proper means to contest the factual assertions

upon which the defendant relies in support of the affirmative defense. Here, however, Rytsar has

prisoners complaining about the conditions of their confinement must exhaust

available administrative remedies before they file suit in federal court. 42 U.S.C. §

1997e(a). The PLRA requires proper exhaustion, meaning plaintiffs must

administratively grieve their claims in accordance with the procedural rules of the

prison in which they are incarcerated. Downey v. Pennsylvania Dep’t of Corr., 968

F.3d 299, 305 (8d Cir. 2020) (citing Woodford v. Ngo, 548 U.S. 81, 88 (2006)). Courts

do not have discretion to waive or excuse this statutory requirement, even in “special

circumstances,” unless administrative remedies were “unavailable” to the plaintiff.

See Ross v. Blake, 578 U.S. 632 (2016). Failure to exhaust administrative remedies

is an affirmative defense that the defendant plead and prove. Jones v. Bock, 549 U.S.

199, 216 (2007). When properly raised, exhaustion presents a threshold issue that

the Court must resolve before addressing the merits of a prisoner's claims. See

Rinaldi v. United States, 904 F.3d 257, 265 (8d Cir. 2018).

The DOC’s general grievance policy, DC-ADM 804, applies to most inmate

complaints and concerns regarding prison conditions. Among other requirements, it

specifies that “lijf the inmate desires compensation or other legal relief normally

available from a court, the inmate must request the specific relief sought in his/her

initial grievance.” DC-ADM 804 (A)(11)(d). An inmate who fails to request monetary

relief in her grievance in accordance with this provision has procedurally defaulted

conceded that she did not request monetary damages in any of her grievances. See ECF No. 21 § 7.

Accordingly, the Court will address Defendants’ failure-to-exhaust defense despite their having relied

upon outside material to support their motion to dismiss.

her claim as to such damages and may not recover them in a subsequent lawsuit. See

Spruill v. Gillis, 372 F.3d 218, 233-235 (3d Cir. 2004).

Rytsar acknowledges that she did not request compensatory damages in any

of her prison grievances and that she is therefore precluded from recovering such

damages in this case. See ECF No. 21, 7. Indeed, her Complaint does not request

compensatory damages. See ECF No. 6 at 6. But her Complaint does demand

nominal and punitive damages. Jd. “The primary purpose of nominal damages in

[civil rights] cases is thus to guarantee that a defendant’s breach of these duties will

remain actionable regardless of their consequences in terms of compensable

damages.” Amato v. City of Saratoga Springs, 170 F.3d 311, 318 (2d Cir. 1999). They

satisfy the redressability element of Article III standing “even if [the plaintiff] cannot

or chooses not to” seek other damages. Uzuegbunam v. Preczewski, 592 U.S. 279, 290-

93 (2021). The Court of Appeals for the Third Circuit has yet to address whether an

inmate’s failure to request nominal damages in a grievance precludes their recovery

in a subsequent lawsuit. But several district courts within the Third Circuit have

addressed the issue and held that nominal damages are not recoverable absent a

request for monetary relief in an applicable grievance. See e.g., Zhinin v. Booher,

2026 WL 2280767, at *3 n.5 (M.D. Pa, Aug. 7, 2026) (collecting cases). As the court

in Zhinin observed, “[t]o permit an unexhausted, stand-alone claim for nominal

damages could invite plaintiffs to sue in federal court without completing exhaustion □

in any form or even attempting to do so” and thereby “frustrate the purposes of the

PLRA’s exhaustion requirement, which include giving the responding agency “an

opportunity to correct its own mistakes ... before it is haled into federal court.” Id.

(citing Woodford, 548 U.S. at 88-90). The same applies to Rytsar’s claim for punitive

damages. See Brown v. Caison, 2026 WL 701562, at *3 (M.D. Pa. Mar. 12, 2026);

Young v. Walters, WL 2970241, at *5 (W.D. Pa. Aug. 5, 2025), report and

recommendation adopted, 2025 WL 2970237 (W.D. Pa. Oct. 21, 2025). Because

Rytsar failed to request monetary relief in any form during the administrative

grievance process, she did not properly exhaust a claim for compensatory, nominal,

or punitive damages and is precluded from recovering any such damages in this case.

In Grievance No. 1054371, Rytsar did request “a change in medication” and

changes to medical department procedures regarding her care. See ECF 16-3 at 6.

These requests are essentially demands for declaratory relief that Rytsar exhausted

them through the grievance process. Rytsar has therefore preserved her right to

demand declaratory relief in this action. Thus, while Rytsar may not pursue claims

for compensatory, nominal, or punitive damages in this action, her surviving claim

for declaratory relief necessitates that the Court address the merits of her Eighth and

Fourteenth Amendment claims.

B. The Complaint fails to state a claim under the Eighth Amendment.

The Eighth Amendment’s prohibition of cruel and unusual punishment

extends to prison officials’ “deliberate indifference” to inmates’ “serious medical

needs.” See Estelle v. Gamble, 429 U.S. 97 (1976) (stating that “deliberate indifference

to serious medical needs of prisoners constitutes the unnecessary and wanton

infliction of pain proscribed by the EHighth Amendment”) (internal quotation omitted).

To state a claim for violation of her Eighth Amendment right to medical care, Rytsar

must allege facts to support findings that: (1) she had a serious medical need, and (2)

the Defendant prison officials acted with deliberate indifference to that need. See

Rouse v. Plantier, 182 F.3d 192, 197 (8d Cir. 1999). A serious medical need is “one

that has been diagnosed as requiring treatment or one that is so obvious that a lay

person would easily recognize the necessity for a doctor’s attention.” Walker v.

Brooks, 2009 WL 3183051 (W.D. Pa. Sept. 30, 2009) (citing Monmouth County

Correction Institute Inmates v. Lanzaro, 834 F. 2d 326,347 (3d Cir. 1987)). See also

Colburn v. Upper Darby Township, 946 F.2d 1017, 1023 (8d Cir. 1991) (observing that

a serious medical need exists when “a failure to treat can be expected to lead to

substantial and unnecessary suffering, injury, or death”). A prison official acts with

deliberate indifference to a prisoner’s medical need when he or she “knows of and

disregards an excessive risk to inmate health or safety.” Farmer v. Brennan, 511 U.S.

825, 837 (1994). Such indifference may be manifested by an intentional refusal to

provide care, delayed medical treatment for non-medical reasons, denial of prescribed

medical treatment, a denial of reasonable requests for treatment that results in

suffering or risk of injury, Durmer v. O’Carroll, 991 F.2d 64, 68 (8d Cir. 1993), or

“persistent conduct in the face of resultant pain and risk of permanent injury.” White

v. Napoleon, 897 F.2d 1038, 109 (8d Cir. 1990).

The Complaint alleges facts sufficient to support the “serious medical need”

element of Rytsar’s Eighth Amendment claim. It alleges that in 2019, Rytsar

presented to Dr. Rockwell with chest pains that he diagnosed as having been caused

10

by a blood condition. To treat this condition, Dr. Rockwell prescribed Coumadin, a

medication that Rytsar continued to take until at least 2023, when Dr. Obeng

adjusted her dosage. Rytsar’s allegations thus support that she presented with and

continued to have a medical condition that required ongoing medical treatment.

Defendants do not appear to contest this element of the claim.

Defendants’ principal challenge is the sufficiency of the allegations to support

a plausible inference that any Defendant acted with the deliberate indifference to

Rytsar’s medical need. Allegations of deliberate indifference must satisfy “a high

threshold.” Anderson v. Bickell, 2018 WL 5778241, at *2 (8d Cir. Nov. 2, 2018).

“[P]rison authorities are accorded considerable latitude in the diagnosis and

treatment of prisoners,” Durmer, 991 F.2d at 67, and “it is well-settled that an

inmate’s dissatisfaction with a course of medical treatment, standing alone, does not

give rise to a viable Eighth Amendment claim,” Tillery v. Noel, 2018 WL 3521212, at

*5 (M.D. Pa. June 28, 2018) (collecting cases), report and recommendation adopted,

2018 WL 3518459 (M.D. Pa. July 20, 2018). Similarly, “the mere misdiagnosis of a

condition or medical need, or negligent treatment provided for a condition, is not

actionable as an Eighth Amendment claim because medical malpractice standing

alone is not a constitutional violation.” Tillery, 2018 WL 3521212, at *5 (citing

Estelle, 429 U.S. at 106). Based on these principles, “courts have consistently rejected

Eighth Amendment claims where an inmate has received some level of medical care.”

Clark v. Doe, 2000 WL 1522855, at *2 E.D. Pa. Oct. 13, 2000).

11

As to each of the Defendants, the allegations of the Complaint fail to meet the

high bar necessary to support an inference of deliberate indifference. As to Defendant

Harmon, Rytsar alleges only that she failed to schedule her to be seen after she

submitted a sick-call request on September 6, 2023. ECF No. 6, §{ 16-17. Harmon,

however, is a healthcare services administrator, not a medical provider. Non-medical

prison officials generally are entitled to rely upon the professional judgment of

treating medical personnel and cannot be held liable under the Eighth Amendment

merely because they fail to intervene in an inmate’s medical treatment. Durmer, 991

F.2d at 68; Spruill v. Gillis, 372 F.3d 218, 236 (8d Cir. 2004). Liability attaches only

where the non-medical official has actual knowledge or reason to believe that medical

staff are mistreating or refusing to treat the inmate. Spruill, 372 F.3d at 236. The

Complaint acknowledges that Rytsar was consistently under the care of prison

medical staff. Although Rytsar alleges that Harmon did not promptly schedule an

appointment after she submitted a sick-call request, this allegation does not support

an inference that Harmon interfered in her treatment or consciously disregarded a

substantial risk to health or safety. The Complaint therefore fails to state an Eighth

Amendment claim against Harmon.

The allegations of the Complaint also fail to state an Eighth Amendment

deliberate indifference claim against Defendants Rockwood and Obeng. Rytsar

alleges that Rockwood prescribed Coumadin in 2019 for chest pain and that Obeng

later adjusted the medication’s dosage without her consent. She further alleges that

neither physician adequately warned her about Coumadin’s risks, potential side

12

effects, or interactions with other medications, and that after the dosage change, she

developed bruising, nosebleeds, weakness, joint pain, dizziness, and swelling. Rytsar

alleges that she would have refused the medication had she been informed of its risks.

As a threshold matter, these allegations belie any denial of care by Rockwell

or Obeng. The allegations support that Rockwell and Obeng treated Rytsar’s

condition by prescribing anticoagulation medication and that they or other medical

personnel periodically monitored the effects of that medication through INR testing.

Instead, Rytsar faults both Rockwell and Obeng for not explaining the potential side

effects, risks, and drug interactions associated with Coumadin and, perhaps, for

inadequate monitoring of her condition and calibration of her dosage. But these are

allegations of negligent care, not deliberate indifference, and as such, they are

insufficient to support an Eighth Amendment claim. See Estelle, 429 U.S. at 106

(“Medical malpractice does not become a constitutional violation merely because the

victim is a prisoner.”); Brown v. Borough of Chambersburg, 903 F.2d 274; 278 (8d Cir.

1990) (“[A]s long as a physician exercises professional judgment his behavior will not

violate a prisoner’s constitutional rights.”); James v. Pa. Dep’t of Corr., 230 Fed. Appx.

195, 197 (8d Cir. 2007) (holding that disagreement with the course of treatment does

not establish deliberate indifference).

Because the Complaint alleges, at most, negligence or medical malpractice in

prescribing and monitoring Rytsar’s Coumadin, it fails to state an Eighth

Amendment claim against Rockwood or Obeng.

13

C. The Complaint states a Fourteenth Amendment substantive due

process claim for declaratory relief.

Rytsar bases her Fourteenth Amendment claim on Rockwell and Obeng’s

alleged failure to inform her of the potential side effects, risks, and drug interactions

associated with Coumadin. In support of dismissal of this claim, Defendants argue

that “[t]here is no federal informed consent statute or requirement.” ECF No. 16,

p. 10. This position, however, ignores federal precedent holding that under the Due

Process Clause of the Fourteenth Amendment, prisoners “retain a limited right to

refuse treatment and a related right to be informed of the proposed treatment and

viable alternatives.” White v. Napoleon, 897 F.2d 103, 112-114 (8d Cir. 1990)

(discussing that pursuant to the Due Process Clause of the Fourteenth Amendment,

“[p]risoners have a right to such information as is reasonably necessary to make an

informed decision to accept or reject proposed treatment, as well as a reasonable

explanation of the viable alternative treatments that can be made available in a

prison setting”); see also Benson v. Terhune, 304 F.3d 874, 884-885 (9th Cir. 2002)

(discussing the Third Circuit's recognition of the right to medical information as set

forth in Napoleon and describing it as a “reasonable application of Supreme Court

precedent”); Pabon v. Wright, 459 F.3d 241, 246 (2d Cir. 2006) (discussing that “the

Fourteenth Amendment’s recognized liberty interest in an individual's right to refuse

medical treatment carries with it a concomitant right to such information as a

reasonable patient would deem necessary to make an informed decision regarding

medical treatment”). This precedent recognizes that a prison medical provider's

14

failure to provide such information and obtain informed consent to treatment may

support a substantive due process claim.4 __

To state an informed consent substantive due process claim, the plaintiff must

allege “(1) [she] was deprived of information that a reasonable patient would deem

necessary to make an informed decision about [her] medical treatment, (2) the

defendant(s] acted with deliberate indifference to [her] right to refuse treatment, and

(8) if [she] had received the information, [she] would have refused the treatment.”

Farmer-Shaw v. Wetzel, 2026 WL 101475, at *6 (W.D. Pa. Jan. 14, 2026) (quoting

Knight v. Grossman, 942 F.3d 336, 344 (7th Cir. 2019)). If the plaintiff establishes

that her right to informed consent has been violated, the court must then “take the

second and final step of balancing the prisonev’s right to informed consent against

countervailing state interests.” Id. “Liability arises only if, in the end, the prisoner’s

right outweighs the state interests.” Id.

As previously discussed, Rytsar’s allegations do not support an Eighth

Amendment cruel-and-unusual-punishment claim. But this does not foreclose an

informed consent substantive due process claim because the elements of the two

claims differ materially. The District Court for the Eastern District of Pennsylvania

explained these differences as follows:

4 The Supreme Court held that “[w]here a particular Amendment provides an explicit textual source

of constitutional protection ... that Amendment, not the more generalized notion of substantive due

process, must be the guide for analyzing these claims.” County of Sacramento vu. Lewis, 523 U.S. 833,

842 (1998) (citing Graham v. Connor, 490 U.S. 386, 395 (1989)). While recognition of a substantive

due process claim based on lack of medical informed consent may appear to be at odds with this holding

given the applicability of the Eighth Amendment to most prison medical claims, a lack of informed

consent claim has been found to be sufficiently distinct and grounded in due process to stand on its

own. See Quarles v. Bontempo, 2025 WL 1822675, at *7 (H.D. Pa. July 2, 2025), reconsideration

denied, 2025 WL 2837737 (B.D. Pa. Oct. 7, 2025).

15

When considering inmate medical claims premised upon

an alleged failure to inform, as well as deliberate

indifference to medical needs, it is important to note that

the contours of these two constitutional rights differ, and

conduct which may not violate the Eighth Amendment

might still deny an inmate his substantive due process

right to refuse certain forms of treatment. For example, an

inmate suffering from cancer may be presented with a

series of treatment options, some of which involve invasive

surgery and removal of body organs, while other forms of

treatment may be less radical and invasive. A

disagreement between the prisoner and his doctors

regarding which treatment option to pursue, standing

alone, may not constitute an Eighth Amendment violation.

See e.g., Gause v. Diguglielmo, 339 F. App'x 132 (8d Cir.

2009) (dispute over choice of medication does not rise to the

level of an Eighth Amendment violation). However, if

prison doctors unilaterally took it upon themselves to_

conduct surgery without ‘the inmate's knowledge or

consent, that action might still violate the substantive due

process rights of the prisoner, even if the surgery fell

within the range of medical treatment options permitted

under the Eighth Amendment. Pabon v. Wright, 459 F.3d

241, 250 (2d Cir. 2006); White v. Napoleon, 897 F.2d 103,

111 (8d Cir. 1990). Yet, while the contours of these two

constitutional claims differ, both claims share a common

element of intent, and require a showing of deliberate

indifference to establish liability. Further, cases construing

the reach of both the Eighth Amendment and substantive

due process protections in a prison setting consistently hold

that mere negligence cannot be equated with deliberate

indifference.

Mercaldo v. Fisher, 2017 U.S. Dist. LEXIS 14769 at *22-23 (M.D. Pa. Feb. 1, 2017).

Rytsar alleges that Rockwell and Obeng failed to inform her of the side effects

and risks associated with Coumadin, including unusual or excessive bruising, nose

bleeds, dizziness or weakness, and vision changes.5 She further alleges that she

5 Manufacturer and government disclosures list bleeding as the most common and serious potential

side effect of taking Coumadin (warfarin). See e.g., https:/www.google.com/search?g=Bristol-

Myers+Squibb+Coumadin+tside+effects+disclosure&rlz=1C1GCHU_enUS887US887&o0q=Bristol-

16

developed joint pain in her ankles and wrists, dizziness, extreme weakness and pain

and swelling in her arms and legs, and periodic “blackening” in her vision. Rytsar’s

allegations plausibly support that the side effects and risks associated with

Coumadin represented information that a reasonable patient would deem necessary

to make an informed decision about whether to take the medication. And Rytsar

alleges that had she received this information, she would have refused Coumadin.

The critical question presented by Defendants’ motion is whether the facts

alleged in the Complaint support a plausible inference that Rockwell or Obeng “acted

with deliberate indifference to [Rytsar’s] right to refuse treatment.” Knight, 942 F.3d

at 344. -Ultimately, their conduct must be sufficiently egregious that it “shocks the

conscious of the court.” County of Sacramento v. Lewis, 523 U.S. 833, 847 n.8 (1998).

“The context of the Government’s conduct is essential to determine whether it shows

the requisite deliberate indifference that ‘shocks the conscience’ for a substantive due

process violation.” Hope v. Warden York Cnty. Prison, 972 F.3d 310, 330 (8d Cir.

2020) (quoting Lewis, 523 U.S. at 486). Relevant here, a prison official is deliberately

indifferent to a prisoner’s right to refuse treatment if the official “subjectively knows

... that the [prisoner] would want to know the medical information being withheld in

order to decide whether to refuse the treatment.” Knight, 942 F.3d at 343. In other

words, the prisoner must show the official “acted with the intent to induce [the

Myers+Squibb+Coumadin+side+effects+disclosure&gs lerp=EgZiaHJvbWUyBegAEEUYOdIBCTI50

DQ0ajBqOagCALACAQ &sourceid=chrome&ie=UTF-8 . Consistent with Rytsar’s allegations,

bleeding risk is reported to manifest in various ways, including excessive bruising, nose bleeds,

dizziness or weakness, and vision changes. Id.

17

prisoner] to undergo treatment that he otherwise might have declined.” Pabon, 459

F.3d at 254.

According to the Complaint, neither Rockwell nor Obeng disclosed to Rytsar

the potential side effects, risks, or adverse drug interactions associated with

Coumadin or advised her to the physical signs that would alert her to an adverse

reaction to the medication. The Complaint supports a plausible inference that

Rockwell and Obeng, as physicians, knew of the drug’s potential side effects, risks,

and adverse drug interactions and knew that a reasonable patient would need to

know this information in making an informed decision regarding the drug. And the

Court accepts, as it must, Rytsar’s allegation that she would have declined the drug

had she known this information.* Although Obeng is not alleged to have had any

involvement in the initial prescribing of Coumadin to Rytsar in 2019, he is alleged to

have increased her dosage in 2023. The same need for information underlying a

patent’s initial decision to take a medication would apply to her decision whether to

accept an increased dosage of the same medication. Based on these alleged facts, the

Complaint supports a plausible inference that both Rockwell and Obeng acted with

deliberate indifference to Rytsar’s right to refuse Coumadin. This conclusion is not

inconsistent with the Court’s prior holding that neither Rockwell nor Obeng acted

6 The Court acknowledges that, according to the Complaint, Rockwell prescribed Coumadin in 2019

based on Rytsar’s complaints of chest pains and that Rytsar apparently continued the medication for

almost four years before she experienced any adverse side effects. The Complaint does not allege any

facts to indicate that the drug failed to address the condition that caused her chest pains. It was only

after her dosage was adjusted in 2023, that she experienced side effects. Thus, it appears that the

drug served its intended therapeutic purpose and only caused adverse side effects after the dosage was

adjusted. The Court also notes that the Complaint acknowledges that medical personnel periodically

tested the coagulation factor of Rytsar’s blood, apparently as a precaution based on her use of

Coumadin.

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with deliberate indifference to Rytsar’s serious medical need. The deliberate

indifference element of a Fourteenth Amendment substantive due process claim

focuses on the patient’s right to decline treatment. In contrast, the deliberate

indifference inquiry under the Eighth Amendment focuses on the patient’s overall

care for her serious medical need. Although the decision to prescribe Coumadin for

Rytsar’s condition was a legitimate exercise of Defendants’ medical judgment,

Rockwell and Obeng’s alleged failure to advise her of the risks of the drug may still

be found to have been deliberately indifferent to her right to decline to take it.

The Court’s finding that Rytsar’s allegations are adequate to support the

deliberate indifference element of her Fourteenth Amendment claim against

Rockwell and Obeng does not end the inquiry. A prisoner’s right to informed consent

must still be balanced “against countervailing state interests.” Knight, 942 F.3d at

344. But the Court presently lacks information necessary to balance these interests.

The Complaint does not disclose the seriousness of the condition that prompted

Rockwell to prescribe Coumadin or Obeng to alter its dosage. Such information and

other factors may be relevant to the balancing element of the claim. Based on the face

of the Complaint alone, the Court cannot say that the Commonwealth’s interests

outweigh Rytsar’s right to informed consent.

Accordingly, Defendants’ motion to dismiss will be denied as to Rytsar’s

Fourteenth Amendment substantive due process claim. As previously explained,

however, Rytsar’s only potential remedy based on this claim is declaratory relief.

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V. Conclusion

For the foregoing reasons, Defendants’ motion to dismiss will be granted in

part and denied in part. The motion will be granted to the extent Rytsar’s Complaint

seeks any form of monetary damages, including nominal or punitive damages, and to

the extent it asserts an Eighth Amendment claim against the Defendants based on

deliberate indifference to Rytsar’s serious medical needs. The motion will be denied

only to the extent the Complaint asserts a substantive due process claim and seeks

declaratory relief based on Defendant Rockwell and Defendant Obeng’s alleged

failure to inform Rystar of the side effects, risks, and adverse drug interactions

associated with their prescribing of Coumadin. .

A separate Order will follow.

DATED this 28th day of August, 2026.

BY THE COURT:

CHIEF UNITED STATES MAGISTRATE JUDGE □

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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