RICHARDS v. MITCHEFF et al

Filing 52

ORDER granting Defendant Dr. Sharma's 31 Motion to Dismiss. No partial final judgment shall issue at this time as to the claim(s) resolved in this Entry. (S.O.) cm. Signed by Judge Sarah Evans Barker on 8/22/2011. (MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

DANNY R. RICHARDS,
Plaintiff,
vs.
DR. M. MITCHEFF, M.D., et al.,
Defendants.

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No. 1:10-cv-1583-SEB-MJD

Entry Discussing Motion to Dismiss of Defendant Dr. Sharma
The statute of limitations is an affirmative defense which, in general, a party
asserting a claim need not anticipate. See, e.g., United States Gypsum Co. v. Indiana
Gas Co., 350 F.3d 623, 626 (7th Cir. 2003); Leavell v. Kieffer, 189 F.3d 492, 494 (7th Cir.
1999). AHowever, . . . dismissal under Rule 12(b)(6) on the basis of a limitations defense
may be appropriate when the plaintiff effectively pleads h[im]self out of court by alleging
facts that are sufficient to establish the defense.@ Hollander v. Brown, 457 F.3d 688, 691
n.1 (7th Cir. 2006)(internal citations omitted); see also Walker v. Thompson, 288 F.3d
1005, 1010 (7th Cir. 2002)(A[W]hen the existence of a valid affirmative defense is so plain
from the face of the complaint that the suit can be regarded as frivolous, the district judge
need not wait for an answer before dismissing the suit.@). This is such a case as to Danny
Richards’ claim against Dr. Sharma.
For the reasons explained in this Entry, therefore, Dr. Sharma’s motion to dismiss
[31] must be granted.
Discussion
The Eighth Amendment's ban on “cruel and unusual punishments” requires prison
officials to take reasonable measures to guarantee the safety of inmates, including the
provision of adequate medical care. Farmer v. Brennan, 511 U.S. 825, 832 (1994).
Richards is an Indiana prisoner and alleges here that various medical personnel,
including Dr. Sharma, violated Richards’ Eighth Amendment rights by failing to deliver
constitutionally adequate medical care. AA claim based on deficient medical care must
demonstrate two elements: 1) an objectively serious medical condition, and 2) an official's
deliberate indifference to that condition.@ Williams v. Liefer, 491 F.3d 710, 714 (7th Cir.
2007) (citations omitted).
For a medical professional to be liable for deliberate indifference to an inmate's
medical needs, he must make a decision that represents “such a substantial departure
from accepted professional judgment, practice, or standards, as to demonstrate that the
person responsible actually did not base the decision on such a judgment.” Sain v. Wood,
512 F.3d 886, 895 (7th Cir. 2008) (quoting Collignon v. Milwaukee County, 163 F.3d 982,
988 (7th Cir. 1998)).

Richards’ claim against Dr. Sharma is asserted pursuant to 42 U.S.C. § 1983. A
claim of this nature is considered a personal injury claim and is therefore subject to
Indiana’s statute of limitations for personal injury claims, which is two years from the date
of the injury. Bailey v. Faulkner, 765 F.2d 102, 103 (7th Cir. 1985), and IND. CODE §
34-11-2-4. While state law governs when a claim must be brought, federal law governs
when a cause of action accrues. Wallace v. Kato, 549 U.S. 384, 388 (2007). A cause of
action under § 1983 accrues “when the plaintiff knows or has reason to know of the injury
that is the basis of his action.” Sellars v. Perry, 80 F.3d 243, 245 (7th Cir. 1996).
Here, Richards claims that Dr. Sharma failed to provide adequate medical care
while Richards was confined at the Pendleton Correctional Facility, an Indiana prison. He
became aware of this constitutional violation when his requests for a biopsy were
delayed. See Wilson v. Geisen, 956 F.2d 738, 740 (7th Cir. 1991) (civil rights claims
under § 1983 accrue when the “plaintiff knows or should know that his or her
constitutional rights have been violated”); Todaro v. Ward, 565 F.2d 48, 52 (2d Cir. 1977)
(“a constitutional claim is stated when prison officials intentionally deny access to medical
care or interfere with prescribed treatment”)(citing Estelle v. Gamble, 429 U.S. 97, 104-05
(1976)).
Richards suffers from a condition which was ultimately diagnosed as ulcerative
colitis. He was aware of this diagnosis and of the magnitude of treatment required for it
during his admission to Wishard Hospital in September – October 2008. He thus had
notice of the allegedly inadequate medical care prior to that time no later than the end of
October 2008. In other words, Richards knew of a potential constitutional violation in
October 2008. His cause of action for deliberate indifference accrued therefore no later
than late October 2008. Because the statute of limitation for Richards’ claim is two years,
he had until late October 2010 in which to file suit. Because he did not file this lawsuit until
December 7, 2010, Richards’ claim against Dr. Sharma is barred by the statute of
limitations.
Conclusion
Statutes of limitations “represent a pervasive legislative judgment that it is unjust to
fail to put the adversary on notice to defend within a specified period of time and that ‘the
right to be free of stale claims in time comes to prevail over the right to prosecute them.’”
United States v. Kubrick, 444 U.S. 111, 117 (1979) (quoting Railroad Tel. v. Railway
Express Agency, 321 U.S. 342, 349 (1944)). The pleadings show without question that
Richards failed to file a timely claim against Dr. Sharma. Richards’ explanations for the
delay are unpersuasive. Dr. Sharma’s motion to dismiss on this basis [31] is granted.
No partial final judgment shall issue at this time as to the claim(s) resolved in this
Entry.
IT IS SO ORDERED.

_______________________________

Date:

08/22/2011

SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Distribution:
James F. Bleeke
BLEEKE DILLON CRANDALL PC
[e-mail]
Jeb Adam Crandall
BLEEKE DILLON CRANDALL PC
[e-mail]
Edward J. Fujawa
LEWIS WAGNER LLP
[e-mail]
Christopher D. Simpkins
BLEEKE DILLON CRANDALL PC
[e-mail]
Danny R. Richards
DOC #866216
Wabash Valley Correctional Facility - Inmate Mail/Parcels
6908 S. Old U.S. Highway 41
P.O. Box 500
Carlisle, IN 47838