Adrian A. Woodard v. Wang

Filing 20

ORDER Granting Plaintiff's 19 Motion for Leave to Amend Complaint, and Screening Amended Complaint, signed by Magistrate Judge Stanley A. Boone on 11/30/17. Defendant Wang's Answer Due Within 14-Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADRIAN ALEXANDER WOODARD
Plaintiff,

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v.

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DR. WANG,
Defendant.

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Case No.: 1:16-cv-01089-SAB (PC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND
COMPLAINT, AND SCREENING
AMENDED COMPLAINT
[ECF No. 19]

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Plaintiff Adrian Alexander Woodard is a state prisoner appearing pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On January 25, 2017, Plaintiff consented to

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magistrate judge jurisdiction. (ECF No. 6.) On June 30, 2017, Defendant Dr. Wang consented to

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United States Magistrate Judge jurisdiction. (ECF No. 12.)

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I.

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BACKGROUND

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On March 20, 2017, the Court screened Plaintiff’s complaint pursuant to 28 U.S.C. §

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1915A and found that it stated a cognizable claim against Defendant Wang in his individual

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capacity for deliberate indifference to a serious medical need in violation of the Eighth

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Amendment. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic

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Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010).
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However, the Court found that the complaint did not state any other cognizable claims. The

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Court directed Plaintiff either file an amended complaint or notify the Court of his intent to

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proceed against Defendant Wang on the claim found to be cognizable.

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On April 5, 2017, Plaintiff notified the Court of his intent to proceed only against

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Defendant Wang in his individual capacity for the alleged Eighth Amendment violation. (ECF

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No. 8.) On April 6, 2017, the Court ordered service to be initiated against Dr. Wang for

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Plaintiff’s complaint alleging a violation of the Eighth Amendment due to deliberate indifference

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to a serious medical need, and ordered that the remaining claims were dismissed. (ECF No. 9.)

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As noted above, on June 30, 2017, Defendant Wang consented to the jurisdiction of a

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United States Magistrate Judge, through counsel. (ECF No. 12.) On July 18, 2017, Defendant

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Wang answered the complaint. (ECF No. 14.) On July 19, 2017, the Court issued a discovery

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and scheduling order. (ECF No. 15.) Pursuant to that order, the deadline for amending the

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pleadings is January 19, 2018. (Id at 2.)

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II.

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MOTION TO AMEND

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Currently before the Court is Plaintiff’s motion for leave to file an amended complaint,

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filed on October 6, 2017. (ECF No. 19.) Plaintiff seeks leave to amend the complaint to add

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allegations regarding his exhaustion of administrative remedies, including dates, and to add

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additional facts about what was said between him and Defendant Dr. Wang. Plaintiff also seeks

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to add exhibits. Plaintiff’s proposed amended complaint is attached to his motion. The time for

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Defendant to respond to Plaintiff’s motion has passed, and no response was filed. The motion is

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deemed submitted. Local Rule 230(l).

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s

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pleading once as a matter of course twenty-one days after serving, or if a response was filed,

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within twenty-one days after service of the response. Fed. R. Civ. P. 15(a)(1). Otherwise, a party

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may amend only by leave of the court or by written consent of the adverse party. Fed. R. Civ. P.

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15(a)(2). Rule 15(a) is very liberal and leave to amend ‘shall be freely given when justice so

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requires.’” AmerisourceBergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006)
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(quoting Fed. R. Civ. P. 15(a)). However, courts “need not grant leave to amend where the

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amendment: (1) prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue

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delay in the litigation; or (4) is futile.” AmerisourceBergen Corp., 465 F.3d at 951.

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Here, Defendant Wang has answered the original complaint in this action on July 18,

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2017. Plaintiff’s amended complaint was not filed within twenty-one days of that date.

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Therefore, Plaintiff requires leave of court to file an amended complaint.

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The Court has reviewed Plaintiff’s proposed amended complaint, and finds that it adds

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more detailed factual allegations than his original complaint, but does not seek to add any

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additional unrelated claims, allegations, or events. The Court finds that Plaintiff does not seek

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leave to amend in bad faith. Nor is the amendment futile or prejudicial to Defendant Wang, and

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it will not result in undue delay in the litigation. Accordingly, Plaintiff’s motion for leave to

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amend the complaint will be granted. The Clerk of the Court will be directed to file Plaintiff’s

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lodged proposed amended complaint, with exhibits, on the docket.

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The Court now proceeds to screening the allegations of Plaintiff’s First Amended
Complaint.

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III.

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SCREENING REQUIREMENT

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

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are

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legally “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or

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that “seek[] monetary relief against a defendant who is immune from such relief.” 28 U.S.C. §

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1915(e)(2)(B).

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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)). Moreover, Plaintiff must demonstrate
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that each defendant personally participated in the deprivation of Plaintiff’s rights. Jones v.

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Williams, 297 F.3d 930, 934 (9th Cir. 2002).

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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. Wilhelm v. Rotman, 680 F.3d

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1113, 1121 (9th Cir. 2012) (citations omitted). To survive screening, Plaintiff’s claims must be

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

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that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678-79; Moss

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v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The “sheer possibility that a defendant

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has acted unlawfully” is not sufficient, and “facts that are ‘merely consistent with’ a defendant’s

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liability” fall short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d

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at 969.

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IV.

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COMPLAINT ALLEGATIONS

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Plaintiff is a state inmate in the custody of the California Department of Corrections and

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Rehabilitation (“CDCR”) at the Corcoran State Prison (“CSP”), which is where the events at

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issue here occurred. Plaintiff names Dr. Wang, a doctor at CSP, as Defendant.

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Plaintiff alleges as follows: on September 11, 2015, at approximately 8:00 p.m. during

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an adverse cell move, Plaintiff fell down the stairs and twisted his right ankle. Plaintiff attempted

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to walk, but simultaneously fell. Plaintiff was placed in a wheelchair and escorted to the facility

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medical clinic, and was seen by Nurse Serna.

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Approximately a few hours later, Plaintiff was escorted via wheelchair to the institutional

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hospital (“ACH”) and seen by Nurse E. Crawford, to whom Plaintiff explained his ankle injury.

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Plaintiff was also seen by unknown medical staff, and explained his ankle injury. Medical staff

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ignored Plaintiff’s ankle injury and symptoms, administered Ibuprofen to him for his ankle pain,

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and discharged him to his cell.

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The next day, at approximately 11:00 a.m. or 12:00 p.m., on September 12, 2015, after

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Plaintiff repeatedly complained to custody staff about his severe pain to his ankle, Plaintiff

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returned to ACH for a follow-up with Defendant Wang. Defendant Wang asked Plaintiff what
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happened, and Plaintiff relied that he fell down the stairs while carrying personal property.

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Plaintiff repeatedly complained about serious pain and swelling to his right ankle, and that he

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could not sleep due to pain. Defendant Wang replied, “[t]here is nothing I can do for you besides

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prescribe pain medication.” Plaintiff responded, “I cannot sleep because of my ankle pain and the

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medication you gave me is not working.” Defendant Wang then told Plaintiff, “[g]rown man

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[sic] handle pain.” Plaintiff was ordered to leave the exam room and was returned back to his

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housing cell unit, where he endured severe pain, excessive swelling, and further loss of sleep.

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Plaintiff complained to medical staff, but was denied treatment due to Defendant Wang’s orders.

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On September 13, 2015, at approximately 11:00 a.m. or 12:00 p.m., Plaintiff was seen by

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R.N. Sparlin at ACH and Plaintiff expressed his pain and requested treatment for his ankle.

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Plaintiff asked to be sent to a hospital, and stated that he had not slept in over 2 days, and that the

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Ibuprofen was not relieving his pain and suffering. Plaintiff was sent back to his housing unit.

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On September 14, 2015, at approximately 11:00 a.m., Plaintiff had x-rays taken at ACH

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and was seen by Defendant Wang after x-rays were completed. Plaintiff was subsequently

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transferred to Dignity Health Mercy Hospital in Bakersfield, where Dr. Shultz indicated in his

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report his opinion that Plaintiff had a comminuted fracture of the distal fibula.

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On the same day, when Plaintiff was at Mercy Hospital for treatment, Plaintiff was asked

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by Dr. Ahmed when the injury occurred. Plaintiff replied that it occurred on September 11,

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2015.1 Dr. Ahmed stated, “I wonder why it took so long to send you, because now the swelling

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is so bad I can’t set the bone.” Plaintiff replied, “I don’t know.” Plaintiff was admitted to the

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hospital and received treatment for the excessive swelling, and in the days that followed received

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a cast for his ankle.

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Plaintiff alleges an Eighth Amendment claim for deliberate indifference to serious

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medical needs against Defendant Wang. Plaintiff seeks declaratory relief, a preliminary and

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permanent injunction, compensatory and punitive damages, attorney’s fees, and costs.

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Plaintiff states September 11, 2016, but this appears to be a typographical error.
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V.

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DISCUSSION

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A.

Eighth Amendment Claim

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A prisoner’s claim of inadequate medical care does not constitute cruel and unusual

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punishment in violation of the Eighth Amendment unless the mistreatment rises to the level of

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“deliberate indifference to serious medical needs.” Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.

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

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indifference requires Plaintiff to show (1) “a ‘serious medical need’ by demonstrating that failure

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to treat a prisoner’s condition could result in further significant injury or the ‘unnecessary and

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wanton infliction of pain,’ ” and (2) “the defendant’s response to the need was deliberately

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indifferent.” Jett, 439 F.3d at 1096.

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A defendant does not act in a deliberately indifferent manner unless the defendant

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“knows of and disregards an excessive risk to inmate health or safety.” Farmer v. Brennan, 511

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U.S. 825, 837 (1994). “Deliberate indifference is a high legal standard,” Simmons v. Navajo

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County Ariz., 609 F.3d 1011, 1019 (9th Cir. 2010); Toguchi v. Chung, 391 F.3d 1051, 1060 (9th

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Cir. 2004), and is shown where there was “a purposeful act or failure to respond to a prisoner’s

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pain or possible medical need” and the indifference caused harm. Jett, 439 F.3d at 1096.

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In applying this standard, the Ninth Circuit has held that before it can be said that a

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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) (citing

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Estelle, 429 U.S. at 105-106).

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“[A] complaint that a physician has been negligent in diagnosing or treating a medical

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condition does not state a valid claim of medical mistreatment under the Eighth Amendment.

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Medical malpractice does not become a constitutional violation merely because the victim is a

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prisoner.” Estelle, 429 U.S. at 106; see also Anderson v. County of Kern, 45 F.3d 1310, 1316

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(9th Cir. 1995). Even gross negligence is insufficient to establish deliberate indifference to

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serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990).
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Additionally, a prisoner’s mere disagreement with diagnosis or treatment does not support a

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claim of deliberate indifference. Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989).

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Based on Plaintiff’s allegations in the complaint, the Court finds that Plaintiff states a

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cognizable claim for deliberate indifference to a serious medical need against Defendant Wang

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in his individual capacity.

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B.

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As noted above, Plaintiff seeks declaratory relief. However, his claim for damages

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necessarily entails a determination whether his rights were violated. Therefore, his separate

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request for declaratory relief is subsumed by those claims. Rhodes v. Robinson, 408 F.3d 559,

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Declaratory Relief

566 n. 8 (9th Cir. 2005). Therefore, Plaintiff's claim for declaratory relief will be dismissed.

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C.

Preliminary Injunction

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The Court notes that Plaintiff’s prayer for relief seeks a preliminary and permanent

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injunction ordering Defendant Wang to send Plaintiff to an off-site doctor to perform surgery on

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Plaintiff’s right ankle, and for physical therapy until recovery. Defendant Wang will be served

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with this screening order and the amended complaint, and will be required to respond to

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Plaintiff’s request.

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VI.

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CONCLUSION

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For the foregoing reasons, it is HEREBY ORDERED that:

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Plaintiff’s motion for leave to file an amended complaint is granted;

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2.

The Clerk of the Court is directed to file pages 3 through 45 of the motion to

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amend as Plaintiff’s first amended complaint on the docket;
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This case proceeds on Plaintiff’s first amended complaint against Defendant

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Wang in his individual capacity for deliberate indifference to a serious medical need in violation

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of the Eighth Amendment;
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Defendant Wang shall respond to Plaintiff’s first amended complaint within

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fourteen (14) days of service of this order. Fed. R. Civ. P. 15(a)(3); and

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5.

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Defendant Wang shall respond to Plaintiff’s request for a preliminary injunction

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within twenty-one (21) days of service of this order. Plaintiff may file a reply to Defendant’s

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response within seven (7) days of service of the response.

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IT IS SO ORDERED.

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Dated:

November 30, 2017
UNITED STATES MAGISTRATE JUDGE

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