Jones v. Choudhury et al

Filing 9

ORDER DISMISSING Complaint For Failure to State a Claim, signed by Magistrate Judge Gerald B. Cohn on 7/26/2011. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY D. JONES,

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Plaintiff,

JAYANTA CHOUDHURY, M.D., et al.,

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1:10-cv-02063-GBC (PC)

ORDER DISMISSING COMPLAINT FOR
FAILURE TO STATE A CLAIM

v.

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CASE NO.

(ECF No. 8)

Defendants.

CLERK TO CLOSE CASE
/

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SCREENING ORDER

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I.

PROCEDURAL HISTORY

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Plaintiff Larry D. Jones (“Plaintiff”), an inmate in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”), is proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action

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on November 8, 2010 and consented to Magistrate Judge jurisdiction on November 22,

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2010. (ECF Nos. 1 & 5.) No other parties have appeared. Plaintiff’s original complaint

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was dismissed with leave to amend for failure to state a claim. Plaintiff filed a First
Amended Complaint on July 21, 2011. (ECF No. 8.)

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Plaintiff’s First Amended Complaint is now before this Court for screening. For the

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reasons set forth below, the Court finds that Plaintiff has failed to state any cognizable

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claims.

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II.

SCREENING REQUIREMENTS

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The Court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

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§ 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has

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raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which

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relief may be granted, or that seek monetary relief from a defendant who is immune from

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such relief. 28 U.S.C. § 1915A(b)(1), (2). “Notwithstanding any filing fee, or any portion

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thereof, that may have been paid, the court shall dismiss the case at any time if the court

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determines that . . . the action or appeal . . . fails to state a claim upon which relief may be

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granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).

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A complaint must contain “a short and plain statement of the claim showing that the
pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are

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not required, but “[t]hreadbare recitals of the elements of a cause of action, supported by

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mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949

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(2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set

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forth “sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its

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face.’” Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual

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allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

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III.

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SUMMARY OF COMPLAINT
Plaintiff brings this action for inadequate medical care in violation of the Eighth

Amendment. Plaintiff names the following individuals as Defendants: Jayanta Choudhury,

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M.D.; David I. Rohrdonz, M.D.; N. Bair, R.N.; Jajodia, M.D.; Albena V. Dimitrova, M.D.;
Kristie Perkins, Lab.; Nicholas Hamilton, Lab.; Maggie, PCA; and Chantal, R.N.

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Plaintiff alleges as follows: On October 27, 2008, Defendant Jojodia assisted by

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Defendants Rohdanz and Bair performed surgery on Plaintiff. During the surgery, a hole

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was accidentally cut in Plaintiff’s stomach. Plaintiff was discharged from the hospital the

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same day by Defendant Rohdanz. On October 28 and 29, 2008, Plaintiff had a GI bleed

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and didn’t know it. On October 30, 2008, Defendant Dimitrova ordered that Plaintiff have

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a blood transfusion which was performed by Defendant Hamilton Nicholas. A lab test was

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requested by Defendant Perkins. Plaintiff did not give his consent to this. On October 31,

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2008, another blood transfusion was ordered by Defendant Choudhury and performed by

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Defendants Chantal and Maggie without Plaintiff’s consent. Defendant Choudhury then

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performed an endoscopy and applied to metal clips to stop the bleeding in Plaintiff’s

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stomach.
Plaintiff seeks compensatory and punitive damages, and injunctive relief.

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IV.

ANALYSIS
The Civil Rights Act under which this action was filed provides:
Every person who, under color of [state law] . . . subjects, or
causes to be subjected, any citizen of the United States . . . to
the deprivation of any rights, privileges, or immunities secured
by the Constitution . . . shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for
redress.

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42 U.S.C. § 1983. “Section 1983 . . . creates a cause of action for violations of the federal

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Constitution and laws.” Sweaney v. Ada County, Idaho, 119 F.3d 1385, 1391 (9th Cir.

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1997) (internal quotations omitted).

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A.

Eighth Amendment Claims

Plaintiff appears to be alleging that Defendants were deliberately indifferent to
Plaintiff’s serious medical need in violation of the Eighth Amendment.

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“[T]o maintain an Eighth Amendment claim based on prison medical treatment, an

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inmate must show ‘deliberate indifference to serious medical needs.’” Jett v. Penner, 439

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F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). The

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two part test for deliberate indifference requires the plaintiff to show (1) “‘a serious medical

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need’ by demonstrating that ‘failure to treat a prisoner’s condition could result in further

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significant injury or the unnecessary and wanton infliction of pain,’” and (2) “the defendant’s

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response to the need was deliberately indifferent.” Jett, 439 F.3d at 1096 (quoting

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McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992), overruled on other grounds,

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WMX Techs., Inc. v. Miller, 104 F.3d 1133 (9th Cir. 1997) (en banc) (internal quotations

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omitted)). Deliberate indifference is shown by “a purposeful act or failure to respond to a

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prisoner’s pain or possible medical need, and harm caused by the indifference.” Jett, 439

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F.3d at 1096 (citing McGuckin, 974 F.2d at 1060). In order to state a claim for violation of

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the Eighth Amendment, a plaintiff must allege sufficient facts to support a claim that the

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named defendants “[knew] of and disregard[ed] an excessive risk to [Plaintiff’s] health . .

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. .” Farmer v. Brennan, 511 U.S. 825, 837 (1994).

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In applying this standard, the Ninth Circuit has held that before it can be said that
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a prisoner’s civil rights have been abridged, “the indifference to his medical needs must be
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substantial. Mere ‘indifference,’ ‘negligence,’ or ‘medical malpractice’ will not support this

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cause of action.” Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980)

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(citing Estelle, 429 U.S. at 105-06). “[A] complaint that a physician has been negligent in

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diagnosing or treating a medical condition does not state a valid claim of medical

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mistreatment under the Eighth Amendment. Medical malpractice does not become a

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constitutional violation merely because the victim is a prisoner.” Estelle, 429 U.S. at 106;

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see also Anderson v. County of Kern, 45 F.3d 1310, 1316 (9th Cir. 1995); McGuckin, 974

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F.2d at 1050, overruled on other grounds, WMX, 104 F.3d at 1136. Even gross negligence

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is insufficient to establish deliberate indifference to serious medical needs. See Wood v.

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Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990).

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Plaintiff alleges that he had a some kind of surgery, during which his stomach was

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accidentally lacerated, had several blood transfusions, and finally had another surgery to

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repair the damage caused by the first surgery.

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Again, as currently pleaded, Plaintiff fails to allege facts sufficient to demonstrate
deliberate indifference to his serious medical need. Plaintiff states that he had surgery,

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and was treated for the accidental laceration when Defendants figured out what was
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wrong. He appears to allege negligence or perhaps medical malpractice neither of which
support a claim under Section 1983.

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Plaintiff was previously notified of the relevant legal standards and the deficiencies

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in his original complaint. In fact, the Court noted that it appeared Plaintiff was claiming

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negligence or medical malpractice, both of which are state claims and will not be

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addressed here unless and until he stated a constitutional violation. His Second Amended
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Complaint again fails to indicate any constitutional violations. Because Plaintiff’s First
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Amended Complaint again fails to state a Section 1983 claim against any named

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Defendant, the Court will dismiss this action without further leave to amend.

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B.

State Law Claims

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Plaintiff appears to be alleging that Defendants committed medical malpractice or

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medical negligence, which are state law claims. However, the Court does not reach the

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viability of Plaintiff’s state law as it will not exercise supplemental jurisdiction over state law

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claims unless Plaintiff is able to state a cognizable federal claim. 28 U.S.C. § 1367(a);

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Herman Family Revocable Trust v. Teddy Bear, 254 F.3d 802, 805 (9th Cir. 2001).

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V.

CONCLUSION AND ORDER

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The Court finds that Plaintiff’s First Amended Complaint fails to state any Section

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1983 claims upon which relief may be granted against the named Defendants. Under Rule

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15(a) of the Federal Rules of Civil Procedure, leave to amend “shall be freely given when

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justice so requires.” In addition, “[l]eave to amend should be granted if it appears at all

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possible that the plaintiff can correct the defect.” Lopez v. Smith, 203 F.3d 1122, 1130 (9th

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Cir. 2000) (internal citations omitted). However, in this action, Plaintiff filed two complaints

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and received substantial guidance from the Court in its Screening Order. (ECF Nos. 1, 7,

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& 8.) Even after receiving the Court’s guidance, Plaintiff failed to make alterations or to

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include additional facts to address the noted deficiencies. Because of this, the Court finds

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that the deficiencies outlined above are not capable of being cured by amendment, and

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therefore orders that further leave to amend not be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).

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Accordingly, based on the foregoing, the Court HEREBY ORDERS that this action

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be DISMISSED in its entirety, WITH PREJUDICE, for failure to state a claim upon which

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relief may be granted.

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IT IS SO ORDERED.
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Dated:
1j0bbc

July 26, 2011
UNITED STATES MAGISTRATE JUDGE

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