Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

* * * * * * * * * * * * * * * SAMUEL BOWENS, ) ) Plaintiff, ) ) -vs) MARK STRANGE, et al., ) ) Defendants. ) * * * * * * * * * * * * * * *

Civil Action No. 3:03CV400 (CFD)

Deposition of SAMUEL BOWENS, taken before Bethany A. Carrier, a Court Reporter and Notary Public within and for the State of Connecticut, pursuant to Notice and the Federal Rules of Civil Procedure, at the Office of the Attorney General, 110 Sherman Street, Hartford, Connectiuct, taken on February 3, 2004, commencing at 10:47 a.m.

Bethany A. Carrier, LSR 071 Brandon Smith Reporting Service 44 Capitol Avenue Hartford, Connecticut 06106

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A P P E A R A N C E S

Representing the Plaintiff: 3 4 5 6 7 8 Representing the Defendants: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OFFICE OF THE ATTORNEY GENERAL 110 Sherman Street Hartford, Connecticut 06105 By: LYNN D. WITTENBRINK, ESQ. KATHLEEN KEATING, ESQ. WILLIAMS AND PATTIS, LLC 51 Elm Street New Haven, Connecticut 06510 By: ELIZABETH BROOKS, ESQ.

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S T I P U L A T I O N S

It is stipulated by counsel for the parties that all objections are reserved until the time of trial, except those objections as are directed to the form of the question.

It is stipulated and agreed between counsel for the parties that the proof of the authority of the commissioner before whom this deposition is taken is waived.

It is further stipulated that any defects in the notice are waived.

It is further stipulated that the deposition may be signed before any notary public.

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1 2 3 4 5 6 EXHIBIT 7 1 8 2 9 3 10 11 12 ** Reporter's Note: 13 14 15 16 17 18 19 20 21 22 23 24 25 WITNESS Samuel Bowens

I N D E X DIRECT 5 CROSS --

DEFENDANTS' EXHIBITS (For Identification) PAGE NO. Interrogatory responses. Document. Movement screen. 22 52 52

Exhibits retained by counsel.

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(The deposition commenced at 10:47 am.)

SAMUEL BOWENS, Deponent, of 203 Farren Avenue, New Haven, Connecticut 06913, being first duly sworn by Bethany A. Carrier, a Notary Public within and for the State of Connecticut, was examined, an testified on his oath as follows:

DIRECT EXAMINATION

BY MS. WITTENBRINK: Q Mr. Bowens, my name is Lynn Wittenbrink. I'm

an Assistant Attorney General for the state of Connecticut. Before I start asking you questions, I'm

just going to talk about the deposition procedure with you a little bit. You need to answer audibly so that she can hear and you need to answer without nodding or shaking your head because the court reporter can't take that down. Sometimes in conversation we tend to anticipate

a person's question and start answering before they're finished. But in a deposition, I have to get out my

whole question and hopefully I'll let you get out your whole answer so our words aren't running over each other.

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If you don't understand a question, you need to tell me because if you go ahead and answer the question I'm going to assume that you understood it. A Q Okay. That's fine.

If you want to take a break, just let us know If there is a question that I've just

for any reason.

asked you, I prefer that you wait to take your break until you've already answered the question. A Q A Q names? A Q A Q that? A Oh, yes, ma'am. I'm Samuel Bowens, Junior. No. No. Just Samuel. That's my name. Okay. All right. Yes. Have you ever been known by any other Your name is Samuel Bowens?

Do you have a middle name? No. They just all call me Sam or Sammy.

And you're not junior or anything like

I don't use the junior, but I am junior. Q A Q A And what's your current address? 203 Farren Avenue. Can you spell that, please? F-A-R-R-E-N.

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Q

E-N?

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A Q A Q A years. Q A

E-N. In New Haven? Yes. How long have you been at that address? Since I was released from incarceration. Possibly two years. Do you live alone? No. I live with my son's mother and my Two

Q A

And what are their names? I have a son. Samuel Bowens the third and

her name is Clemecia West. Q We'll get the spelling of that later. Sir, what is your Social Security number? A Q A Q show you. . I'm sorry, could you repeat that? . I'm going to show you what is a -- well, I'll Do you recognize this document? It's

Plaintiff's Responses to Defendants' Interrogatories. A I can't see too good, but I'll -- I don't

have my glasses on. Q A Do you own glasses, sir? I have a pair, just reading glasses. This

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eye is dead.

I don't see anything with it.

But this

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eye here I can make out a little bit. Q A Q sir? A Q I can see it not too bad. Do you recognize what that is? Can you read Did you bring your reading glasses? No, I didn't. They broke. Broke them.

How well can you see that piece of paper,

the title out loud, please? A Yes. United States District Court, District

of Connecticut, Samuel Bowens, Plaintiff, civil number -Q You don't have to -- can you read where it

says the title where it's underlined? A Right here. Plaintiff's Response to

Defendants' -Q A -- Interrogatories? -- Interrogatories and Request For

Production. Q Okay. Do you remember filling that out with

your attorney where there were some written questions and you provided some written answers? A Q Yes, I might have. You don't have any --

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A

I don't remember.

It's been so far back.

Things come and go.

But I did -- I did some work with

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Mr. Williams. Q A Q A Do you have -Some papers. I'm sorry, were you finished? I did some work with Mr. Williams on some It was a brief session that we had,

paperwork there. you know?

MS. BROOKS:

I don't want you to say

anything that was stated between you and your attorneys, okay? THE WITNESS: A papers. BY MS. WITTENBRINK: Q A Q A Q A Q A things. Was that last month? Last month? Yes, sir. No. Do you have a problem with memory, sir? Not really. Have you ever -Sometimes I -- well, sometimes I forget I was hit in the head a long time ago and I All right. I signed some

I filled out some papers, yes.

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had injuries and I had seizures a long time ago, but that's gone now.

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Q

Now, is your memory about as good as anyone

else's your age? A Q A Q A Q Pretty good. I would think so, yeah.

Are you on any medication today? No. Not -- just aspirin.

And that's for your heart? Yes. Have you been prescribed any medicine that

you're not taking? A Q No. Okay. So you're not prescribed any medicine

for any reason at this point in time? A No. I had medication when I came out of the That was for just eyedrops for

corrections department. this eye here. Q A Q A Q A Q

For your right eye? Yes, ma'am. For glaucoma.

And you don't take that anymore? Yes, I take the eyedrops. That's all.

What's the name of the eyedrops? Teravon. Teravon?

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A Q

Teravon, yes. I'm kind of getting ahead of myself a little

bit here but let's just nail down the medication.

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Teravon is what the Department of Corrections prescribed for you while you were incarcerated? A Q A Yes. Yes.

At least at the time of your discharge? They didn't give me anything for my That was the medicine I had when I left

discharge. there.

When I was discharged, excuse me, they didn't

give me anything. Q Right. But that was what you were on before

you were discharged? A Right. When I was incarcerated that's what

they put me on for my glaucoma that they said that I -that they had diagnosed me having glaucoma. But then

they had also diagnosed me as an optical nerve injury which they said my optical nerve was severely damaged in my left eye and they gave me nothing for that. They

told me they needed to get the pressure down before they could -- they were going to do laser surgery on it, Dr. Serafini had told me. So I was treated like

for three weeks and they told me I was to be brought back to UConn for -Q Okay. Sir, I'm going to interrupt you even

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though I promised I wouldn't.

I want to just ask some

preliminary questions right now about medications that you're on and that you were prescribed and I'm going to

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let you talk about the story that's the subject of this lawsuit in a little while. A Q A Q A pills. Q A Q A Q A Q What were the heart pills? The little small white -- about this big. Glycerin? Yes. Nitro. All right. So you were prescribed Teravon? Right. Before you were discharged? Right. And the heart -- I was taking heart All right?

Nitroglycerin? Yes, that's what it was. And you were taking that while you were

incarcerated? A Q A Q anymore? Yes, ma'am. And you don't take that anymore? No. Is there a reason you don't take that

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A

I just don't -- I just take aspirin now.

They tell me to take -- well, the doctor that I had told me to take the aspirin. I went to Yale Hospital And

and they told me every morning take an aspirin.

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they wanted to put a dye something in me, but I refused that while I was there. they call it. Some kind of I forget what

They put it in your stomach, in your

veins, shoot dye in to see in your heart, because my heart was scratching they were saying, but I didn't sign for it. Q A I didn't want them to do anything.

Why not? Well, after the loss of my eyesight, I

didn't -- I didn't trust them to do anything. Q Yale? A Q A Pardon me? You didn't trust the doctors at Yale? I just -- no, I just -- wasn't really Yale. So you didn't even trust the doctors at

Just -- I was trying to get myself back together and dealing with the blindness in my eye, you know, coming home and trying to raise a five-year-old son, trying to get things back together, my house. And so as far as

my heart is concerned, I didn't just feel like I wanted to be hospitalized at the time. I was trying to see

what I could do about saving this other eye and my

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sight so I wouldn't completely be blinded all together. So as far as my heart was concerned, as long as I was feeling good, I felt, you know, that it wasn't necessary at the time. The doctors at UConn were the

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ones that had -- was really Lawrence Memorial, I was hospitalized there while I was incarcerated, and the doctors there told me that they wanted to do this. at the same time I had lost my sight. them doing anything for me. But

So I didn't want

If they couldn't help me

with my sight, I sure wasn't going to let them put anything in my blood -- you know, veins, no. Q Okay. So --

So before you left DOC you were taking

little small white pills that you refer to as nitro? A Q Right. And were you taking anything else besides

Teravon and the heart pills while you were in DOC custody? A No. Not that I remember. I had some pink

pills, mostly for the heart.

High blood pressure

pills, excuse me, high blood pressure pills. Q gave you? A Q Yes. And do you remember what that was, what kind Okay. Those were pink pills that the DOC

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of medicine? A Q A Q No, I don't remember the name. And -- but you don't take them anymore? No. Why not?

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A Q A

I just -Same reason that you said before? I just -- I don't know. I just feel good. I

just keep myself going. want to feel sick.

I got so much to do I don't

I mean, if I don't feel bad, I But when I was there, most of

don't complain about it.

all I was going through, a lot of stress and whatnot, worrying about my eyesight most of all, so I guess that brought the high blood pressure and other problems that I was having while I was incarcerated, because I felt I was -- I don't know if this is ahead of you, but I felt that I was incarcerated first of all because I pleaded guilty to a program. I threw two flower pots I pleaded

downstairs and I was arrested for that.

guilty to an anger management program and then they let me out, the prosecutor and judge told me that if I plead guilty, that they'd get me an 18-month program in Day Top and they're waiting for a bed. back making my court appearances. Q At Day Top? So I was going

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A

I was making my court appearances until they This is what I was to believe,

had found me a bed. okay? Q A

A bed for anger management? Yes.

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Q A Q

Okay. And drugs. Anger management and drugs.

So you felt a lot of stress because you felt

you were wrongfully incarcerated? A Yes. Because they changed -- they wouldn't

let me change my plea, but they changed the deal they made me after I pleaded guilty and then gave me jail time instead of the program. Q A Who was your attorney at that point? Sharon -- Sherry Lewis was a public defender. She told me,

She's the one that set me up for that. We're waiting for a bed for you. my court appearances. whatnot.

Because I was making

I never missed a court date and

And then the DUI, whatever they call it, the

kids thing and everything, they tried to make a big deal out of me being in the house. Q A Q DCF did? Yes. Yes.

With your son?

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A

Yes.

Well, they were telling her that, Ms.

West, that I was dangerous and this and that, and all this kind of thing. So I was going to the programs and And they just got down

so -- that they had for me.

there and double crossed me, handcuffed me up and sentenced me to two years. I didn't understand why

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because I wasn't allowed to change my plea, but they changed the sentence on me. I had a public defender and they all just -they got together and came back out there and they -- I thought something was funny because I went up to the judge, I thought I was going to get a program, and when I got up there the sheriffs and them coming back, you know, they saying, you know, they read it off and they said they would give me the two years and whatnot. And

they cuffed me and told me I was being brought over to the correctional department, Department of Correction. Q time? A Q A Q Yes. And that was a violation of probation? Yes. That's what they called it. This is when you went into jail the last

Was it stressful for you to be removed from

your home and your family and your son?

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A Q A

Yes, it was. And -My son was only two, two years, two and a Very close to my kids, you know. She,

half years old.

Ms. West at the time, was an alcoholic and I was mostly there for her. She had four other kids in the house

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also, hers, and I was like taking care of. Q A Q A Q Is that who you live with now, Ms. West? Yes, I am. And why did they say you were dangerous? Pardon me? Why were they saying that you were

dangerous? A Well, some years ago I had problems with my

first wife, domestic problems with her. Q And did they accuse you of taking drugs at

the same time? A No. No. Was nothing with drugs involved

with that.

She had -- her and my oldest son, my oldest

son was bringing his mother to her boyfriend's house and dropping her off and he'd take the car and take off and whatnot. hurt him. So I really had in my mind at the time to

So I was sent to the Institute of Living in And I -- my insurance ran out

Hartford for six months.

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and whatnot.

Then I went back, you know, home.

They

had went to Germany, so I hadn't seen my wife, my first wife, hadn't seen her for like two years prior to the time of her and her boyfriend wrecked my car up. couldn't find them. son. I

She went to Germany with my oldest

He went to the Air Force and she went over there

with him.

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While she was over there got a divorce from Said she didn't know my whereabouts or something.

She did it through the military or whatever and got a divorce. anymore. Q program? A Q program? A Well, tell you the truth, she made statements At the time Pardon me? Why did they want to put you in a drug So I didn't even know I wasn't married But I was looking for him for a while. Why did they want to put you in a drug

on me that I was taking drugs and whatnot. I was sniffing cocaine once in a while. Q A Q A

And your first wife made those allegations? Pardon me? Your first wife made allegations? No, my first wife -- excuse me, my first wife

I used to get like arrested every, like, two weeks

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for -- they would call it like domestic violence. would be mostly breach of peace. Wallingford then. I was living in

It

She would get intoxicated -- she was

also an alcoholic -- she would get intoxicated and she would call the police, just call the police and tell them, I want him out. I want him out.

They come sometimes and say, You got to be

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kidding.

Why don't you just leave her alone?

I said,

I have a family here.

I have three kids I raised being I stayed there anyway and

there with her, you know. took it. Q

So who made allegations about the drugs?

Ms. Smith? A Q A Pardon me? Your son's mother? Ms. West. You said some woman.

She had made allegations about me

doing drugs.

I was doing a little cocaine because I She drinks --

used to get on a lot about her drinking.

she used to drink a half a gallon of vodka every two days without a chaser or anything. what you talking about me for? She said, Well,

You do drugs.

Once in a while I buy me a bag, that's it, but I never been in the drug game or -- like all my money, nothing, just never went to like to the streets,

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back to the streets. and that was it. know. Q Okay.

I would get a bag once in a while

But it wasn't a full time thing, you

Did you ever get drug treatment while

you were at the Department of Corrections? A Q A No. They gave you any sort of treatment? No.

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Q anything? A

Any meetings, like Narcotics Anonymous or

No.

I went to anger management up there. I gave it to my attorney. They

I

got a certificate.

gave me a certificate.

And I was also told that I

could, you know, put in my time like to a Level 2, you know, whatnot, that they would think about paroling me or whatever. Then when I come to find out on domestic

violence that they don't parole you out. Q A Q minute. A Q They said if you got to a security Level 2? Yes. We're going to go back to the medicine for a Teravon -Yes. -- you were taking before you were

discharged, right? A Yes.

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Q A Q

For your eyes? Yes. And the little small white heart pills and

the pink blood pressure medicine? A Q Yes. Any other medicine that you were taking

within DOC? A Not that I remember, no.

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Q

Okay.

And when you were discharged, did you

go see a doctor? A No -- yes, I did. They sent me to -- Social

Security sent me to their doctor, to the eye doctor. Q A And what eye doctor was that? He's in Norwalk. I don't know. He works I Ms. Derosa,

guess for the Social Security department. something. Q A I'm sorry, are you done?

Well, I don't remember her name but she was

the one that put me on SSI. Q A Q Social Security disability? Right. Since we had you read from this, why don't we

go ahead and mark it.

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(Defendants' Exhibit 1: identification.)

Marked for

BY MS. WITTENBRINK: Q Okay. So was it a Dr. Derosa you think or

something like Derosa? A Well, she was more like a -- what do you call

it? -- a worker. Q Social worker?

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A

Social worker in the department of SSI.

And

she made appointments and everything for me to go to this doctor and whatnot to have my eyes checked. There

is no reason to see -- after that, after I seen him, there is no reason to see any other doctor for this eye because they all had said the same thing. Q All right. There is a doctor that you listed

in your responses to the questions that I sent and I just want to know if that's the doctor that you saw when you were out. The pages aren't numbered, but the And the Is

Question 7 asks about medical treatment.

answer is Dr. Joseph A-Y-O-U-B in North Haven. that -A Q A Yes. I seen him, too.

So you saw more than one eye doctor? That's right, too. I did see him. Sorry. I

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did see him. Q Norwalk? A Q No, no. So you saw a doctor in Norwalk after your But he's not the doctor that you saw in

discharge? A Q Right. How long would you say after your

discharge?

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A Q A Q

Three months maybe. Okay. Two months. All right. Something like that. And you don't remember that

doctor's name or anything? A No. They should have it on the record

because he's the one that signed it and he gave me the eye examination, took -- took picture shots of my eyes and whatnot. Q And do you know, was he an ophthalmologist? Or

Do you know what kind of doctor he was? optometrist? A Q Ophthalmologist.

And he was the one that gave feedback to the

Social Security people so that you could be placed on

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disability? A Q Norwalk? A Q I don't remember the street. Okay. But he had to fill out a form for you Right. Right.

And do you know where his office was in

to get Social Security disability? A Q A Yes. Yes, ma'am.

And you only saw him the one time? I seen him the one time, yes.

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Q anything? A

What did he say about your right eye, if

Pardon me?

He said -- my right eye he said

was a strain, a little strain on -- they showed me a picture of this here, it was black, this picture over here was like gray around here and he said that's the glaucoma. He says it's bad, but it's not as bad as He says, Well,

this one because this one is dead. forget this eye. Q Okay.

He told me this eye here -So you can forget the left eye, that's

what you were referring to? A Q Right. And when you said "this eye here," you meant

your right eye? A Yes.

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Q A

And what did he say? Well, I was telling him that he took a

picture of it and he says that there is a shadow around it. That's the glaucoma, he says. And he says it

doesn't have to -- as long as I keep it wet, that the possibility that, you know, I don't necessarily -- it won't get any worse, but he said the laser surgery can sometimes open -- can work on it. Q Have you had any laser surgery on your right

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A Q

No. Okay. What did he mean keep it wet? Did he

give you any drops or anything? A Yes. At that time he gave me some -- as a Excuse me,

matter of fact, he gave me a prescription.

I -- he did give me a prescription to get eyedrops for it at that time. Q A Q For your right eye? Yes, ma'am. And do you know what kind of medicine he

prescribed? A This was not the Teravon. It was different.

It was in a green bottle about this big. Q Okay.

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A

Put two drops in a day, one in the morning

and one in the evening. Q A Q Okay. And did you take the whole bottle?

Pardon me? Did you take that whole green bottle that he

first prescribed for you? A Q A Q A Yes. Then did you get it refilled? No. Any reason why not? Well, I didn't have any money. I didn't know

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what -- you know, I didn't go to the social -- back to Social Security. I had to wait one month, every 30 I had no income

days before I could get any money. coming. Couldn't work.

I'm a roofer by trade and I do

a little construction work. Q A Q A I didn't hear what you said. Roofing. You do roofing? Yes. And I keep it to a minimum, try to stay

on something low like a one-family house, something flat I can walk on. I don't try to work off a staging You know,

like I used to, like on three-family homes. the pitch is 12 -Q Is that because of your left eye?

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A

Yes.

It's a little dangerous because, you

know, with me getting used to seeing out of it, when I woke up in Osborn that morning when I lost my sight, fully lost my sight, I felt like a heavy glob on my eye and it was aching. So I got up and went to the

lavatory to go to the bathroom and I happened to look -- I didn't even know that I couldn't see. I

happened to look in the mirror and I did like this here and it was black. So then I put my hand -- I says --

you know, but then I went -- I got panicked and I went to the correctional officer that was on, her name was

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Ms. Moody, and I asked her if I can see a doctor or something, that I can't see out of my eye. She said, There is nothing we can do at night. I said, What do you mean there is nothing we can do? So I was raising a little disturbance. And

she called the brass down. Little. Q

So I talked to Captain

When you say "brass," you mean the

supervisors? A Well, he's one of the COs. He was in charge

on that shift. Q Okay.

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A

He sent an Officer Perez to take me to the So when I got in

medical room right away and whatnot.

there, three ladies was sitting drinking coffee and they asked him what did he want. captain sent him in here. can't see. He said, Well,

He lost his sight and he

And it's an emergency.

He said, Well -- she says, Well, it's not an emergency unless his heart stops. So you take him

right back to his cell and tell him to put in a request like anyone else. So they brought me back. Next

So then I raised another disturbance.

morning I talked to the warden and then they sent me

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back to UConn. Q A Q A Q

And when I went there --

Which warden did you speak with? Warden Strange. You spoke with Warden Strange personally? Yes, I did. We are getting a little bit ahead of

ourselves, okay. A Q Okay. That's all right. It's hard not to, right?

I just want to talk about the doctors that you've seen since you got out. So the doctor in

Norwalk, did he say that they could -- that there was nothing they could do about your left eye?

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A Q

Yes. And he said as long as you keep your right

eye wet, he doesn't think the glaucoma will progress in your right eye; am I correct? A Right. He said sometime in the future, he

says, it might be a possibility that laser surgery sometimes it opens -- you know, opens up the pupil -something he was saying so the fluids drains through the eye. I don't know the medical terms of it, but He says as long as, you

this is what he had told me.

know, you keep that wet, you know, doesn't get any worse.

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So really this eye hasn't -- since I was using that before hasn't gotten any worse, just a little bit. But I don't -- I can't really tell the I mean, I can't But far away I

difference now that this one is gone. see close up like prints and whatnot. can see you, you know?

I can't see little prints like With reading glasses I can

right up on me too good.

see pretty good so far with this eye here. Q A Q With your right eye? Yes, ma'am. Okay. And then you said you also did see

this doctor, is it Ayoub?

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A Q A

That's the one in North Haven? Yes, sir. Yes, I see him. He gave me a full

examination. Q A Do you know when you went to see him? I have the dates home or I had the dates home

on the letters I got to go see him. Q A Q lawsuit? A Q Pardon me? As part of this lawsuit, is that why you went How many times did you see him? I seen him once. And did you see him as part of this

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to see him? A No. I don't believe -- I don't believe it

was -- I don't even believe it was about the lawsuit really. It was more or less an examination of my eyes.

And then it could have been to -- I don't know who sent me to see -- I got an appointment. I don't know if it

was my attorney that recommended me to him or whatnot, but all I know is I got a letter in the mail that I had an appointment with him and I kept my appointment. we had an examination -- examined -- just gave me a full examination, eyes, head, throat, neck, stomach, legs, arms. And

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Q you know? A

Is he an eye doctor or a general doctor, do

He was -- I forgot what kind of doctor he All I know is that I

I don't even remember that.

went there. Q health? A

Just gave me a full examination.

Did he give you any opinions about your

No.

He -- he told me about my eye -- as a

matter of fact, he was the one that -- I told him what had happened and whatnot and he looked in it and with his scopes and whatnot. But the other eye doctor in

Norwalk, the one who gave me a real good examination, he put me in a dark room and put machines on my eyes

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and whatnot, they be mostly like a physical. Q So the doctor in Norwalk gave you a more

complete eye exam than this doctor in North Haven? A Yes, with the eye. With the eye part. The

doctor in North Haven gave me a full examination. Q A Q Okay. Who prescribed the reading glasses?

Pardon me? Who gave you the prescription for the reading

glasses or do you just buy them at the drugstore? A No. I was incarcerated. I got the glasses When I left they

when I was incarcerated in Osborn.

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didn't give me nothing. me.

They was glad to get rid of

Get him out of here. Q A Q But they let you take your eyeglasses? Yes. So nobody -- since you were let out the last

time, nobody has given you any prescriptions for glasses or anything like that? A No. You see, ma'am, what it was is that I --

when I was released, okay, and I finished my time, every day of it, 27 months, okay, they were having so many -- much problems with me because after I had lost my sight and they took me back to UConn, Dr. Sarafini told me that it was not his fault and he wasn't going to be responsible for it because the Department of

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Corrections had known that they were supposed to bring me back. And that the review board or something,

whatever they go through, they had denied me my -- the help that I had, the doctors said that I needed, okay. When I left from there, they didn't give me prescriptions for my heart, the pills I was taking for my heart, pills for my high blood pressure, they didn't give me prescriptions for my eyedrops. give me anything, all right. up. You're going home. Q They didn't

All they told me is, Pack

And that was it.

When you say they were having a lot of

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trouble with you, what do you mean? A Well, they having trouble with me because I

kept writing requests for help because they told me this was coming. I was told three days after I was So I came in there I was told by the

incarcerated that I had glaucoma.

with that already, with a glaucoma. doctors at the

facility that they would have to

send me to UConn because they seen something else but they couldn't say, but there was something else wrong with my left eye that they couldn't see. When I went there, they gave me a full eye examination at UConn. And this is when the doctors --

when they finished I asked them, Well, what's wrong? He said, Mr. Bowens, have a seat. He says,

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1 2 3 4 5 6 7 8 9 10

Listen, this is what you got here.

He says, You have He says,

an optical nerve has been severely damaged.

If it's not treated immediately almost, he says, it could develop a permanent blindness. He says, So your He

eye pressure is very high, he says, it's very high. says, And we can't do anything for you now until the

pressure goes down, but you're going to be brought back here two to three weeks. He signed that paper and,

okay, and he says the Department of Corrections will bring you back.

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Two weeks went by, three weeks went by and I started writing letters to my counselor, to the warden, to the medical John Dixon, which is supposed to be the head of the medical over there. physical examination. He even gave me a

And all he told me, he said,

Well, he says, all I can say is good luck and God bless you. That's what he told me. Q A Why did he say that? Because he told me that he doubts very much He says, you know,

that they're going to help me.

we're talking about a major -- major operation on the eye. He says, I doubt if -- he told me that. Q A That who would help you? He told me that they probably wouldn't spend They talking about

that kind of money, he says.

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1 2 3 4 5 6 7 8 9 10

something like from 30 to $40,000 for them to solve this problem, he says. And he says, I don't think that

they're going to -- he says, But we'll see what we can do. He told me that out of his own mouth. the head doctor over there. That's

But then the warden told

me that wasn't so, that they will take care of that. Then they told my daughter that when she called there, she figured I can get a little more, maybe trying to get some outside help from my family or something. My

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daughter called there and at that time they had transferred me over to Cybulski, okay. And the warden

over there, they have the same problem with me because they knew I was losing my sight. And when I started

complaining about why they take me out of here and they were supposed to be taking me to -- back to UConn, the warden over there, Sylvester, told my daughter, Oh, he's not losing his eyesight, he's going blind. some doctors to check on him. just like that. And two weeks after I raised a little hell in there they sent me back to Osborn, okay. sight while I was in Osborn. buck. I even went to Gates. And I lost my I had

He lied to my daughter,

They kept on passing the They put me in the Gates,

too, all because I was complaining asking for help for

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my eye.

They kept sending me here, here, get him out, At that time I wasn't I was just

he's a problem, he's a problem.

talking to legal people or nothing.

incarcerated, just another inmate trying to get some help because I was already told that I would lose my sight if I didn't. So that all through my stay, 17 months before I lost my sight was hell, just every morning waking up worrying about this happening. And then when the day

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that it happened, I'm supposed to be calm and -- you know, sorry, but I -- I couldn't handle it. Q Okay. Besides Dr. Ayoub -- is it Ayoub? I

don't know how to say it.

The doctor in North Haven

and the doctor in Norwalk, have you seen any doctors since you got out? A No. There is no doctors that -- I was told

by all of them now, I was told by the doctor in Norwalk that this should have never happened. That -- he said,

These days with the technology and stuff that they have that no way that that should have happened. have been prevented. The doctor in UConn, Dr. Serafini told me that, Mr. Bowens, I'm not taking responsibility. If It could

you have an attorney or get an attorney, that's on you, do what you want. I have my medical records here

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available for them.

This is what I was told.

He said,

because they know that they were supposed to bring you back here in three weeks. I was never brought back. Q A Q A You asked the warden? Yes, I did. And what did the warden say? Oh, I don't know. I'll check with John and Maybe they misplaced I even asked the warden why

see what's going on down there.

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your papers or something. right into it.

I don't know.

I'll check

I'll let you know.

I'll let you know.

But I never heard back from him. I used to have to catch him in the hall. Warden Strange, can I see you for a minute? would tell him some of the stuff. Then I

Okay, I'll get

back -- tell your counselor to write me a letter. That's Mr. Gaudette. I tell Mr. Gaudette what the warden tell me to do. Mr. Gaudette says the same thing. He says,

Sam, I don't know what to tell you. help you.

He says, I can't

I'm not a doctor, he said, but you got to

realize you're incarcerated, he says, and when you incarcerated, he says, you know they're not going to bend over backwards to help you. I even know people that died in prison while

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I was there, inmates and stuff that died. actually let them die. was there. Q

They

Charles Harris died while he

Sir, I'm going to ask you to just answer the

questions that I ask or it will be a long -A I'm sorry. I get carried a way a little bit.

I'm sorry. Q -- long, long day. So I had you look at

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this, Plaintiff's Responses to Defendants' Interrogatories and Request For Production. On the

front page you list one Social Security number as and this one is slips of paper in here -A I forget my Social Security number sometimes. . And then on one of the

Q

There is one listed in the DOC records that .

you have attached which is A Q A Right.

Have you had two Social Security numbers? No. I got one Social Security number I've I get

been using.

Sometimes I get them all mixed up.

them backwards.

But I got one Social Security number Every number that I got my My Social Security number

and you can check on that. same name is Samuel Bowens.

is the same for my whole life since I've been Samuel

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1 2 3 4 5 6 7 8

Bowens, since I've been living. numbers that I use. wrong numbers.

There is no different

Sometimes I might give them the

As a matter of fact on my account I had made a mistake on my Social Security number and they corrected it. And sometimes that happens, you know,

numbers come on me quick or something and I have to stop and think. I have to stop and think. My head not

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there all the time. Q office? MS. BROOKS: that. That's confidential. MS. WITTENBRINK: seeking attorneys' fees. No, it's not. You're I'm going to object to How much money have you paid John Williams'

You've opened the doors. Retainers are

MS. BROOKS: confidential.

MS. WITTENBRINK:

No, they're not.

Retainer agreements are confidential, but the amount of money paid is not confidential. MS. BROOKS: Yes, it is. Well, we're going to

MS. WITTENBRINK:

have to bring you back here Mr. Bowens if your attorney won't allow you to answer that question. I

can tell you that usually Mr. Williams and the other

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attorneys in his office usually let the person answer that question. MS. BROOKS: come on. Well, don't -- I mean, Don't

I mean, if you want to talk to me.

talk to me past my client. MS. WITTENBRINK: Well, I'm putting it

on the record that we might have to bring him back

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if -MS. BROOKS: That's fine. But you

don't put on the record that other attorneys let people answer that question. I'll check during a

break and I'll instruct Mr. Bowens whether or not to answer that question. MR. WITTENBRINK: MS. BROOKS: him not to. Okay.

But right now I'm telling

And that's completely inappropriate what

you just did. MS. WITTENBRINK: I don't think it's

inappropriate to put on the record that your firm is taking that position. MS. BROOKS: you did it. It's inappropriate the way

That's completely unprofessional. MS. WITTENBRINK: Well, I'm sorry that

you feel that way. BY MS. WITTENBRINK:

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Q company? A

Sir, C. Stokes Construction, is that your

No, it's not.

I work for him off and on. I did work for him off and

I

work for him off and on. on. Q A

Do you work for him right now? No. I don't work for anybody right now.

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Q A

When was the last time that you worked? I don't know. He give me -- well, he give me Not

work now and then, something I can do, you know. on roofs, though. I can't work on the roofs.

That's a

good friend of mine, also.

So he kind of helps me keep Not much, but a I used to work He used to

my head above water a little bit. little bit.

He does what he can do.

for him, like all his roofing, siding.

subcontract like piecework or something like that. Q A Q A address. You listed his name as your business address. Pardon me? You listed his name -Yes. I listed his name as my business

That would be because when I subcontracted,

like that I didn't have a telephone at the time and whatnot and I also listed his telephone number so people can reach me through him. Q Okay.

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A Q A Q 2003? A

And he told me it was all right, you know. But you have a phone number now? Yes, I do. How much did you work for him in the year

2003?

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Q A Q

Mr. Stokes, last year. About maybe four, five little jobs. How much money did you make last year from

A

Not too much at all.

I help my brother Bill

out a lot, William Bowens. Painting.

It's called Presswork He helped me Really

It's a construction company.

out a little bit.

I was doing a little bit.

nobody -- you know, everybody scared to let me climb up ladders, you know. do this. They say, Sam, don't do that. I'll

I'll do that.

So that stops me from doing my

profession, which is roofing. I can work on the ground. I can hand you I can go get

something and I can pick up something.

material and load the trucks up and help like that, you know what I'm saying? too much lifting. part. By I'm 60 years old. I can't do

But I was pretty good at the roofing

And it's kind of hard when you're high because

I'm up there in the air and it's a danger of maybe the

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next guy's working next to me, I don't see him or I might turn off and have to go way around like here to see somebody and knock him off the staging or something like that. Or bump up against him. Or there might be

a shingle down here on the staging and I might step on it not seeing it.

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There is a lot of danger trying to work up on high places with one eye. I mean, I'm just getting --

when I said I came out of corrections center I trying to get myself back together, I was trying to adjust myself to one eye. hard to drive. really. Like I can't drive anymore. It's

I tried it, but I can't drive anymore

Nighttime is just like -- is -- I don't know,

it's just like a nightmare, really, at night because when lights come in they shine this here way and this eye here everything looks totally black. anything. Q When you say "this eye here," you're I can't see

referring to your right eye? A Q Yes. So your right eye has trouble at night

currently? A Yes. Just at night mostly. In daytime This eye

lights on, I don't do bad at all with it. here it just seems like --

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Q A

Now you're saying your left eye? Yes. This eye here is just seems like it's Like it's -- but this eye

something hanging in it.

being open it's not -- in other words -Q Your left eye has something hanging in it?

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A

Right.

It seems there is something like I guess that's because

hanging on it.

It's not heavy.

my sight is gone.

It just seems like being blind in I can see out this eye

that eye, it's no sight at all. here. Q

When you say "out this eye here," you mean

your right eye? A I'm talking to you right now but I can't see

Q

The thing is you're telling me a story but

she's trying to take it all down so when you keep saying "this eye," "this eye," and "her" -A My left eye seems like it has a shadow, a And it just seems like there is That's what it feels like. So

heavy shadow over it. something stuck to it.

when I look and try to focus on something with my right eye, you know, like focus, I'm focusing on you with my right eye, it just seems like I can see the whole picture with my right eye. developed to look at you. This is how I have

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But the way it was when I came out -- when I had lost my sight at first it just seemed like everything was just -- seemed like this eye here was going, too. Q You mean your right eye was going, too?

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A

Right.

Seemed like my right eye was going, Seems like I can see

But I have adapted to that.

a little better, see everything more because I'm adjusted to it now. 60 years old. But coming out of being -- say I'm

So 60 years being able to see, and then

all of a sudden -- out of both eyes, and then all of a sudden, even though it was a little bit bad, but it wasn't that bad. It was going, but it wasn't that bad. But now it seems like -- when I

I could see something.

came out of the correctional center that life was just over. I mean, trying to see this, trying to see that.

People tapping me on the shoulder, Sam, and I'm jumping because, you know, I've got to turn around see who it is. Q Did -- but you went blind in your left eye,

according to your allegations, five months before you were discharged; am I right? A Q Something like that, yes. What about that period? Were you able to

adjust a little bit on the inside?

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A

Not really much.

I was angry.

I was angry

because I couldn't understand why they would let this happen. And then why they allowed it to happen. And

then I can't believe that they gave me some papers from

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the medical department when I had asked them for them, look at my medical slips, the doctors there at UConn, they actually lied on the report. Lied.

And I told him to his face, This is a lie. He said that I lost my sight because I wasn't taking my medications like I was supposed to. What medication? eyedrops. That was a lie.

All they was giving me for my eye was An eyedrop is not medication They was giving me

Was eyedrops.

for an optical nerve injury. eyedrops. Motrin.

That's all they give me, eyedrop and Motrin.

That's what they give everybody, Motrin. they have an investigation in the correctional

If

department, you could see that all the medical -- the money that they supposed to have for medical, since they incarcerated people and get so much a year for it per man, that they -- you might be lucky if you get a bottle of Motrin for six months because that's all they pass out is Motrin. You really have to be almost

terminally ill before they will open up the cabinet and give you a shot of morphine or something, just drugs

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period.

They don't do anything to help you over there. But I was still begging for help. I was

still asking for help.

Anybody I could talk to. I talked to some of

Anybody I thought could help me.

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the COs.

They would tell me what maybe they could do.

They had COs over there were helping me more so than the doctors because they were saying, Well, Sam, try this one day, trying to put me on the right leads to go talk to this one, talk to that one. And nobody wanted to know anything. All they wanted to do is lock you up. him out of here. here. Give him Motrin. Get Talk to this one.

Get him out of That's what

Write a request.

See a counselor.

they keep saying, See your counselor. I have a stack of papers that I have accumulated while I was there for requests just about my eye, not about my heart troubles. much of a heart trouble. It wasn't too

I get pains in my chest, I believe that was from My high blood

severe pains once in a while.

so much stress worrying about my eye. pressure stayed up.

I don't care how many pills I I feel nauseous and

took, that would just stay up.

shaky all the time, you know, because I was always angry, worrying about losing my sight. want to know how it feel to be blind. I just didn't So I woke up

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that morning and it was gone. Q

It was really gone.

Let me ask you a question, okay, so we don't Dr. Ayoub, the doctor that gave you a

get too far.

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physical, your whole body, did he say anything about your blood pressure? A about. blood. Q Have you looked for any work besides At that time, I don't remember what we talked But he examined me, yes. I told him I had high

construction since you were discharged? A Well, not really. Just trying to -- you My

know, my brother, he's got a construction company. brother helps me out. do? Do a little work.

What can I

I mean, I'm a roofer by trade.

I ain't going to

make the money that I make in doing something like a laborer. old. I can't do too much labor work. I'm 60 years

I'm not going to do a whole lot of heavy lifting.

So I run with him sometimes and pick up materials and load them up, take them off the truck, you know. And

sometimes I can run the jobs for him, I can stay there and, you know, run the jobs for him. They don't want me to climb. Q But the question was about other work besides I can't climb.

construction. A No, I haven't. I never done anything in my

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life but work on roofs and construction work. years old and I. -- what other job I look for? McDonald or something?

I'm 60

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Q A Q A

Is there pain in your left eye currently? Pardon me? Is there pain in your left eye currently? No. Not my left eye. It just feel like that I'm just about used The doctor

heavy shadow is there, that's all. to that.

That I guess will never go away.

had mentioned one time about closing the eye up or something, told me that sometimes they do that, you know, sew the eye up, stick another -Q A What doctor said that? Doctors over at UConn. He was kidding with

He said he might put a marble or something in Making a joke out of it. But he said

there.

sometimes -- he told me the best thing -- as a matter of fact, the doctor up there told me this, he gave me a paper to see a doctor at Yale when I got out that could help me. Q A Q A He's a professional. Which doctor gave you the name? Dr. Serafini. All right. At UConn. Dr. Serafini -He gave me a paper, told me to

give it to the doctor, to bring him down there and he

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recommend me to him, to see him when I got out because I had like five more months to do. He says, When you

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get out, he says, take this down there to Yale.

He's a

very good ophthalmologist, he says, and maybe he can help you with your other eye. Q A Q A people. Did you go see him? Pardon me? Did you go see him? No. I don't want to do nothing with those

Why would I believe anything they tell me

after staying there 27 months and being lied to every day constantly. It's not the system, it's the people

that work for it. Like I said, ma'am, I walked in there. The

captain had me brought to the medical facilities there to get help when I first lost my sight. There is a

possibility that when my eye went right then, if they had rushed me to UConn or anybody cared, maybe there was something they could have done to still save it seeing it was that critical. But they told the CO to

take me back to my cell, lock me back up, and for me to put in a request like anybody else. emergency unless my heart stops. Q Right. You said that. Let me ask you this: And that's not an

When Dr. Serafini gave you the note about going to the

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Yale doctor, you said, "To help me with my other eye," did he mean your right eye?

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A

My right eye, yes.

He says he's very good.

I said, Why you can't help me? He said, Well, the only thing I can do -- he says, You got a little bit of time left, Sam. Just deal with it now. says, I'm sorry. He says, He

He said, It's over with. He

There is nothing I can do.

apologized for the whole system because he knew that they could have helped me. her name. And Mrs. -- I got to get

She was the one -- well, they would know it

in the record up there, that was administrating me all these pills. whatnot. told me. Call her the pill lady up there and

She told me -- she's the one that came and She says, Mr. Bowens, you're wasting your

time because the review board have denied you, she says, so you can write to anybody you want, she says, you're wasting your time. She says, just try to stay

well so you can get out of here. This is what she told me. So see, there is

some people there that I guess is good, some people that's bad. But you find in the medical department

there, I guess because they have to deal with so many different, what they call hard-core criminals like myself, you know, throw two flower pots downstairs, if

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you check my record I ain't never been -- I never hurt

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anyone or done anything or robbed anybody or stole from anybody. Q Sir, we need to stay focused on the

questions. MS. BROOKS: Can we take a break now? What time is it?

MS. WITTENBRINK: MS. KEATING:

It's quarter of 12:00. Why don't we come

MS. WITTENBRINK: back at five till.

(Recess:

11:42 am to 12:08 pm.)

(Defendants' Exhibits 2 and 3: for identification.)

Marked

BY MS. WITTENBRINK: Q oath? A Q today? A Q A Uh-huh. Have you ever been known as -Yes. Yes. You understand that you've taken an oath Sir, you understand you're still under

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Q

Samuel Fletcher Bowens?

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A Q

That's my middle name. But before when I asked you if you had a

middle name, you said no. A I didn't say that. I said that's my name, I

use Samuel Bowens. Samuel F. Bowens. Q A Q names? A Q

But I'm saying I got a middle name. It would be on my record.

Why don't you say your full name for me, sir. Samuel Fletcher Bowens, Junior. Have you ever been known by any other

Samuel Fletcher Bowens, Junior. He's showing me a checkbook that says Samuel Have you ever been known by

Fletcher Bowens, Junior.

any other name besides Samuel Fletcher Bowens, Junior? A Q No, I haven't. No.

And if the sheets that DOC has for you have a

whole bunch of different Social Security numbers, can you explain that? A I don't know. Because I tell you at the time My Social

I lost count of my Social Security number. Security number was was given me. .

That's the one that

Then I moved to Florida and my numbers

down there was supposed -- I gave them my number, but

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they wrote down there it was backed up.

.

They had the numbers

So I was going by that when I go down there I was down there for

and I was working down there.

about eight years and that's where I worked in Tampa, Florida. So as far as my Social Security numbers and whatnot, that was it. But I never used a Social .

Security number up here no difference from That's my number here in Connecticut. Q All right. Sir, you're not blaming the

Department of Corrections for any problems with your right eye; am I correct? A Q Pardon me? I am correct that you're not blaming any

people affiliated with the Connecticut Department of Corrections for any problems with your right eye; am I correct? A Well, just this here. I'm not blaming them

for any problems with my eye because I had glaucoma in my right eye to begin with. But what they was doing They said they

was supposed to give me medication.

were going to treat me for my right eye after I lost my -- this eye here. Q A I was told that.

After you lost your left eye? Yes, ma'am. That they would make sure that

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this wouldn't happen to this eye, whatnot. gave me anything.

They never

They said I was still being treated. They

This is what I was told, my family was told. wasn't treating me with anything. ever got was eyedrops. Q

The only thing I

Am I correct in understanding that when you

say you got eyedrops, you don't consider that treatment? A Q Pardon me? Do you consider getting eyedrops getting Is it the same thing?

treatment? A Q A

No. Why not? I don't consider that when the doctor tells

me that I have optical nerve injury. Q But you don't have optical nerve injury in

your right eye, do you? A Q Pardon me? Am I correct that you have no optical nerve

damage in your right eye? A Q Not as I know it. Okay. So the only way you consider getting

treatment is some sort of medicine or surgery; am I correct? A Pardon me?

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Q

When you say "treatment," getting treatment

for an eye problem, do you mean getting surgery or medication that you take by mouth, is that how you understand it? A Well, someone give me a bottle, tell me put a

drop in there a day, I'm treating myself there. Actually, they're actually not treating me giving me anything. But that's what I did throughout my stay But -- well,

there, I put the eyedrops in my eyes. yeah, I put eyedrops in my eyes.

If you call that

treatment, then that's -- I guess that would be a treatment. Q Well, I'm asking you: Do you consider that

treatment? A Q A Q A No. No.

Is your right eye irritating you just now? Yes. Somewhat.

How come? I guess it's just the strain. I guess -- you But I got to

know, it's just a little strain on it. deal with it. Q sit here? A Q I got no left eye. So that's a no, right? That's all.

Don't worry about it.

But your left eye is not bothering you as you

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A Q

No. You have sued four people in this lawsuit; am

I correct? A Q Pardon me? You've sued four people, Mark Strange, Unit Do

Manager Gaudette, Dr. Serafini and Warden Levester. you understand that that's how this lawsuit is framed? A Q A Q All right. Do you agree with me? Yeah. Okay.

So I want to talk about each of those

four people one at a time, all right? A Q Strange. facility? A Q Pardon me? Well, first of all, it's Warden Mark Strange, Yes. So let me ask you -- let's talk about Warden Warden Strange was the warden at what

right, because there is two Stranges? A Q A Q Yes. And it's a man, right? Right. And what facility was Warden Strange the

warden of when you were incarcerated?

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A Q facility? A Q

Osborn. Was he ever the warden of any other

Not that I know of. Okay.

I don't know.

We've already marked as Exhibit 3 for

the purposes of this deposition your screen, your movement screen at the Department of Corrections. you tell me if you can -- can you read that? A Q I can see it somewhat. Well, it has the dates when you were in DOC Can

custody and where you were. A Q All right. So maybe I'll just go through them and you I know

can tell me whether you agree with them, okay?

it's kind of hard, it's a weird format, so it's a little hard to understand. Says you were discharged on

May 24th, 2002; is that correct? A Q A Q A Q Yeah. That's the day you got discharged? Yeah. And you haven't been back in since, right? No. It says that that period of incarceration, if

I go down, started June 16th in the year 2000. A Right.

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Q A Q

Does that sound right? Right. Okay. And it says that you started out at

New Haven Correctional Center. A Q right? A Q Right. Right. Does Right. Just for less than a month. Does that sound

Then you went to Osborn July 6th, 2000.

that sound right? A Q Right. And you were at Osborn from July 6, 2000,

according to this paper, until April 30th, 2001? A Q Right. Okay. And then you went back -- you were at

a few other facilities -- well, you were back in and out. 2001. So you were at Osborn from July 2000 to April Then you went to Willard-Cybulski just like you

had told us before, right? A Q Right. Says you were at Willard-Cybulski from April Does that sound right?

2001 just until July 2001. A charge. Q Right.

This was all on the same -- this is the same

This is all the last time you came

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in. A All that was the same thing, the same two So I don't know all the dates and whatnot

flower pots.

because I know I couldn't make bond and that they sent me until my trial came up. I wasn't sentenced. The

first time I've ever done prison time was when I was sentenced to Osborn. my sentence. my life. So I wasn't in and out of nothing. all my life. Wasn't in jail. I worked That was the sentence. That was

That's the first prison I ever been to in

So I don't know what you

ta