Coats v. Chaudhri et al

Filing 59

FINDINGS and RECOMMENDATIONS to Dismiss Certain Claims and Defendants, signed by Magistrate Judge Barbara A. McAuliffe on 12/18/17. Referred to Judge Ishii. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM THOMAS COATS,

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Plaintiff,

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v.
MUHAMMAD CHAUDHRI, et al.,

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Defendants.

Case No. 1:13-cv-02032-AWI-BAM (PC)
FINDINGS AND RECOMMENDATIONS TO
DISMISS CERTAIN CLAIMS AND
DEFENDANTS
(ECF No. 10)
FOURTEEN (14) DAY DEADLINE

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Plaintiff William Thomas Coats (“Plaintiff”) is a state prisoner proceeding pro se and in

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

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Magistrate Judge jurisdiction. (ECF No. 5.)

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I.

Procedural Background and Williams v. King
On October 9, 2014, the Court screened Plaintiff’s complaint and found that he stated a

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cognizable claim against Defendant Chaudhri and John Doe emergency medical staff at the prison

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for deliberate indifference to serious medical needs in violation of the Eighth Amendment. (ECF

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No. 8.) After Plaintiff notified the Court that he wished to proceed only on the claims found

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cognizable, the Court dismissed all other claims and defendants from this action. (ECF Nos. 9,

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10.) This case has proceeded on Plaintiff’s deliberate indifference to serious medical needs

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claims against Defendants Chaudhri and John Doe emergency medical staff.

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On November 9, 2017, the Ninth Circuit Court of Appeals ruled that 28 U.S.C.

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§ 636(c)(1) requires the consent of all named plaintiffs and defendants, even those not served

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with process, before jurisdiction may vest in a Magistrate Judge to dispose of a civil case.

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Williams v. King, 875 F.3d 500 (9th Cir. 2017). Accordingly, the Ninth Circuit held that a

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Magistrate Judge does not have jurisdiction to dismiss a case during screening even if the plaintiff

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has consented to Magistrate Judge jurisdiction. Id.

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Here, all Defendants were not yet served at the time that the Court screened the complaint

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and therefore had not appeared or consented to Magistrate Judge jurisdiction. Because all

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Defendants had not consented, the undersigned’s dismissal of Plaintiff’s claims is invalid under

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Williams. Because the undersigned nevertheless stands by the analysis in the previous screening

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order, she will below recommend to the District Judge that the non-cognizable claims be

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dismissed.

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Finally, as the parties are aware, the litigation in this case has proceeded through several

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stages since the complaint was screened in October 2014. On September 22, 2017, the District

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Judge issued an order adopting the undersigned’s findings and recommendations, granting

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Defendant Chaudhri’s motion for summary judgment and entering judgment in favor of

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Defendant Chaudhri and against Plaintiff. (ECF No. 51.) In addition, Plaintiff has since

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identified the John Doe Defendants as Defendants Convalecer, Fairchild, Gladden, Gundran, and

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Nguyen, who have not yet been served. (ECF No. 47.) The Court clarifies for the parties that the

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instant findings and recommendations only address the claims and defendants which were

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previously dismissed from this action on October 9, 2014.

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II.

Findings and Recommendations on Complaint

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A.

Screening Requirement and Standard

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

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

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§ 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous

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or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary

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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28 U.S.C.
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§ 1915(e)(2)(B)(ii).

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A complaint must contain “a short and plain statement of the claim showing that the

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pleader is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not

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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere

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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiff’s allegations are taken

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as true, courts “are not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores,

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Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).

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Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings

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liberally construed and to have any doubt resolved in their favor. Hebbe v. Pliler, 627 F.3d 338,

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342 (9th Cir. 2010) (citations omitted). To survive screening, Plaintiff’s claims must be facially

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plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each

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named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at 678 (quotation marks

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omitted); Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that

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a defendant acted unlawfully is not sufficient, and mere consistency with liability falls short of

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satisfying the plausibility standard. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss, 572

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F.3d at 969.
Plaintiff’s Allegations

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B.

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Plaintiff is currently housed at California State Prison, Los Angeles. The events in the

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complaint are alleged to have occurred while Plaintiff was housed at California State Prison,

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Corcoran. Plaintiff names the following defendants: (1) Dr. Muhammed Chaudhri; (2) Dr. Sao;

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and (3) John Doe doctors and nurses.

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Plaintiff alleges: Dr. Sao, a primary care provider, told Plaintiff that he could not receive

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treatment for hepatitis-C without a liver biopsy. Although other doctors had told Plaintiff that he

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did not need a liver biopsy, Plaintiff agreed so that he could get treatment to repair his liver. Dr.

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Sao scheduled Plaintiff for a liver biopsy at the ACH prison hospital.

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On May 9, 2013, Plaintiff was ushered into the pre/post-op area of the prison hospital after

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1:00 p.m. He was placed in a hospital gown, handcuffed to a gurney and hooked up to an IV bag.
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Plaintiff was informed that he would be struck with the liver biopsy needle a single time.

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Plaintiff alleges that he was punctured by Dr. Chaudhri with the biopsy needle three separate

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times within a 90 second to 2 minute period. Dr. Chadhri was viewing the procedure through a

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sonogram machine.

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When Dr. Chaudhri first withdrew the livery biopsy needle, he exclaimed “Oh shoot.” Dr.

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Chaudhri raised the needle to show Plaintiff that there was a small piece of liver tissue hanging

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out of the first inch of the long bore liver needle and no sample in the clear tube. Dr. Chaudhri

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told Plaintiff that he did not extract enough for a viable sample. Without asking if Plaintiff would

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like to proceed, Dr. Chaudhri grabbed a back-up liver needle and ripped open the packaging. He

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forced the second needle into Plaintiff’s liver, which caused Plaintiff to feel pain in his testicles

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all the way to his right collarbone area. Plaintiff screamed loudly and asked if this was normal.

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Dr. Chaudhri then withdrew the second needle and made some inaudible sounds. Dr. Chaudhri

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then exclaimed, “I have done thousands of these and this has never happened!!!” Dr. Chaudhri

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panicked and started yelling orders at the two nurses present to give him another needle out of the

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cabinet. A nurse tossed a third needle to Dr. Chaudhri, who ripped open the sterile packaging.

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Dr. Chaudhri then buried the third needle into Plaintiff’s liver. The pain was unbearable and

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Plaintiff screamed and begged Dr. Chaudhri to stop. When Dr. Chaudhri extracted the third

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needle, it was completely filled with liver sample. Dr. Chaudhri then put pressure on Plaintiff’s

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side and repeatedly wiped it. Plaintiff asked if he was still bleeding because he was beginning to

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feel nauseated, lightheaded and dizzy. Dr. Chaudhri pointed to the monitor and stated that all

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bleeding had stopped.

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Plaintiff was wheeled to the post-area where his vitals were taken. Although his blood

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pressure was spiking, the nurse told Plaintiff it was normal. Plaintiff was then dressed and

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escorted back to B-Facility Yard. Plaintiff and another inmate were taken to the work change

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area to strip for security reasons. While Plaintiff was disrobed, the other inmate pointed to

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Plaintiff’s pressure bandage and said, “Look.” When Plaintiff looked down, his bandage was

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soaked in blood. The blood also was seeping out of the edge of the bandage and running down

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Plaintiff’s outer thigh. Plaintiff alerted the tower officer, who told Plaintiff to report to the B4

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Facility Medical Clinic. Plaintiff staggered to the clinic. A nurse took Plaintiff’s vitals and

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Plaintiff was wheeled back to the hospital emergency room. At the hospital, Plaintiff was placed

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in a large observation room, but emergency staff ignored his cries of pain. Plaintiff was returned

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to his prison cell around 9:00 p.m. after being told that there was nothing wrong with him.

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Although various night counts were done, none of the officers questioned why Plaintiff

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was on the floor of his cell in his underwear. The following morning, Plaintiff tried to sit up and

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then threw up. Plaintiff alerted his cellie and told him to call “man down.” Plaintiff was dragged

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out of the cell and taken by ambulance to the Catholic Charities Hospital in Bakersfield. Plaintiff

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was taken to the operating room for emergency surgery to repair his liver. Plaintiff spent two

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days in intensive care and ten days total in the hospital.

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Plaintiff seeks compensatory and punitive damages.

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C.

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

Discussion – Deliberate Indifference to Serious Medical Needs

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must show “deliberate indifference to serious medical needs.’” Jett v. Penner, 439 F.3d 1091,

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1096 (9th Cir.2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104 (1976)). The two part test for

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deliberate indifference requires the plaintiff to show (1) “a ‘serious medical need’ by

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demonstrating that failure to treat a prisoner’s condition could result in further significant injury

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or the ‘unnecessary and wanton infliction of pain,’” and (2) “the defendant’s response to the need

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was deliberately indifferent.” Jett, 439 F.3d at 1096; Wilhelm v. Rotman, 680 F.3d 1113, 1122

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(9th Cir. 2012).

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Deliberate indifference is shown where the official is aware of a serious medical need and

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fails to adequately respond. Simmons, 609 F.3d at 1018. “Deliberate indifference is a high legal

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standard.” Simmons, 609 F.3d at 1019; Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004).

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The prison official must be aware of facts from which he could make an inference that “a

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substantial risk of serious harm exists” and he must make the inference. Farmer, 511 U.S. at 837.

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At the pleading stage, the Court finds that Plaintiff has stated a cognizable deliberate

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indifference claim against Defendant Dr. Chaudhri. Deliberate indifference may be manifested in

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the manner “in which prison physicians provide medical care.” McGuckin v. Smith, 974 F.2d
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1050, 1059 (9th Cir. 1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d

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1133, 1136 (9th Cir. 1997) (en banc); see also Estate of Cole by Pardue v. Fromm, 94 F.3d 254,

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261 (7th Cir. 1996) (deliberate indifference may be inferred based upon a medical professional’s

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erroneous treatment when the decision is such a substantial departure from accepted professional

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judgment, practice or standards as to demonstrate that the person responsible did not base the

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decision on such judgment).

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The Court also finds that Plaintiff has stated a cognizable claim for deliberate indifference

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to serious medical needs against the John Doe emergency medical staff at the prison arising from

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Plaintiff’s return to the prison emergency room, placement in an observation room and failure to

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respond to his pain.

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However, Plaintiff has failed to state a cognizable deliberate indifference claim against

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Dr. Sao arising from the referral for a liver biopsy. A difference of opinion between a physician

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and a prisoner concerning medical treatment does not amount to deliberate indifference. Sanchez

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v. Vild, 891 F.2d 240, 242 (9th Cir. 1989); Wilhelm v. Rotman, 680 F.3d at 1122–23 (9th Cir.

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2012) (citing Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1986)).

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III.

Conclusion and Order

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1. Plaintiff’s deliberate indifference claims against Defendant Sao be dismissed from this

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action for the failure to state a claim upon which relief may be granted; and
2. Defendant Sao be dismissed from this action for the failure to state any cognizable
claims for relief against him.

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within

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fourteen (14) days after being served with these Findings and Recommendations, the parties may

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file written objections with the Court. The document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendation.” The parties are advised that failure to file

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objections within the specified time may result in the waiver of the “right to challenge the
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magistrate’s factual findings” on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.

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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 18, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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