Williams v. Smiles Today Dental

Filing 2

ORDER Granting Plaintiff's 1 Motion/Application for Leave to Proceed in forma pauperis. The Clerk of Court shall file Plaintiff's 1 -1 Complaint. Plaintiff's Complaint is dismissed without prejudice for failure to state a claim u pon which relief can be granted. Plaintiff has until 8/13/2014 to file an Amended Complaint. Signed by Magistrate Judge Carl W. Hoffman on 7/18/2014. (Copies have been distributed pursuant to the NEF - cc: Finance and Chief of Inmate Services at Nevada Southern Detention Center - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DEONDRE WILLIAMS,
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Plaintiff,
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vs.
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SMILES TODAY DENTAL,
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Defendant.
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2:14-cv-01014-JCM-CWH
ORDER

This matter is before the Court on Plaintiff’s Motion/Application to Proceed In Forma

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Pauperis (#1), filed June 20, 2014. Plaintiff is incarcerated.

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I.

In Forma Pauperis Application

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Plaintiff has submitted the affidavit required by 28 U.S.C. § 1915(a)(1) and (2) showing an

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inability to prepay fees and costs or give security for them. Accordingly, the request to proceed in

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forma pauperis will be granted pursuant to 28 U.S.C. § 1915(a). However, pursuant to section 1915,

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Plaintiff will be required to make monthly payments toward the full filing fee.

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II.

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Screening the Complaint
Federal courts must conduct a preliminary screening in any case in which a prisoner seeks

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redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. §

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1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that

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are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary

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relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1),(2). Pro se

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pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d. 696, 699 (9th

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Cir. 1988). In addition to the screening requirements of section 1915A, the Prison Litigation Reform

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Act of 1995 (PLRA) provides that a federal court must dismiss a prisoner’s claim, “if the allegation

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of poverty is untrue” or if the action “is frivolous or malicious, fails to state a claim on which relief

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may be granted, or seeks monetary relief against a defendant who is immune from such relief.” 28

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U.S.C. § 1915(e)(2).

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Courts apply the standard for review under Fed. R. Civ. P. 12(b)(6) for failure to state a claim
upon which relief can be granted when reviewing the adequacy of a complaint or an amended

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complaint under section 1915(e). If a complaint is dismissed under § 1915(e), the plaintiff should be

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given leave to amend the complaint with directions as to curing its deficiencies, unless it is clear

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from the face of the complaint that the deficiencies could not be cured by amendment. See Cato v.

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United States, 70 F.3d. 1103, 1106 (9th Cir. 1995). Review under Rule 12(b)(6) is essentially a

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ruling on a question of law. See Chappel v. Laboratory Corp. of America, 232 F.3d 719, 723 (9th

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Cir. 2000). Dismissal for failure to state a claim is proper only if it is clear that the plaintiff cannot

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prove any set of facts in support of the claim that would entitle him or her to relief. See Morley v.

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Walker, 175 F.3d 756, 759 (9th Cir. 1999). In making this determination, the court takes as true all

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allegations of material fact stated in the complaint, and the court construes them in the light most

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favorable to the plaintiff. See Warshaw v. Xoma Corp., 74 F.3d 955, 957 (9th Cir. 1996).

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Allegations of a pro se complainant are held to less stringent standards than formal pleadings drafted

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by lawyers. See Hughes v. Rowe, 449 U.S. 5, 9 (1980); Haines v. Kerner, 404 U.S. 519, 520 (1972)

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(per curiam).

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While the standard under Rule 12(b)(6) does not require detailed factual allegations, a

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plaintiff must provide more than mere labels and conclusions. Bell Atlantic Corp. v. Twombly, 550

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U.S. 544, 555 (2007). A formulaic recitation of the elements of a cause of action is insufficient. Id.,

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see Papasan v. Allain, 478 U.S. 265, 286 (1986). A reviewing court should “begin by identifying

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pleadings [allegations] that, because they are no more than mere conclusions, are not entitled to the

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assumption of truth.” Ashcroft v. Iqbal, 556 U.S. 662, 678-79, 129 S.Ct. 1937, 1950 (2009). “While

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legal conclusions can provide the framework of a complaint, they must be supported with factual

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allegations.” Id. “When there are well-pleaded factual allegations, a court should assume their

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veracity and then determine whether they plausibly give rise to an entitlement to relief. Id.

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“Determining whether a complaint states a plausible claim for relief [is] a context-specific task that

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requires the reviewing court to draw on its judicial experience and common sense.” Id. Finally, all

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or part of a complaint filed by a prisoner may be dismissed sua sponte if the prisoner’s claims lack

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an arguable basis either in law or in fact. This includes claims based on legal conclusions that are

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untenable (e.g., claims against defendants who are immune from suit or claims of infringement of a

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legal interest which clearly does not exist), as well as claims based on fanciful factual allegations

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(e.g., fantastic or delusional scenarios). See Neitzke v. Williams, 490 U.S. 319, 327-28 (1989); see

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also McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991).

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III.

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Discussion
Plaintiff seeks in excess of $3 million in damages under 42 U.S.C. § 1983. The claim stems

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from events that occurred while Plaintiff was receiving dental treatment at Smiles Today Dental

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from an unnamed dentist. Plaintiff alleges that sometime in September or October of 2013, he went

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to the dentist for a routine teeth cleaning. After x-rays were taken, the unnamed dentist inquired

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whether Plaintiff had ever had problems with his mouth. Plaintiff stated that he had not. The dentist

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then informed Plaintiff that his wisdom teeth had grown in and recommended they be removed.

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Plaintiff asked when the removal could be done, to which the unnamed dentist responded that he

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could do the procedure that same day.

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Thereafter, Plaintiff was taken into another room and given novocaine. Plaintiff indicates

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that his upper left wisdom tooth was extracted without issue. However, when the dentist began to

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extract the upper right tooth, Plaintiff alleges that he felt sharp, stabbing pains and began to bleed

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excessively, at which point the dentist abandoned extraction of the upper right wisdom tooth and

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attempted to extract the lower right wisdom tooth. Plaintiff continued to indicate he felt significant

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pain and was administered additional novocaine. Plaintiff alleges the during administration of the

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second dose of novocaine, the dentist hit a nerve sending a shock of pain through Plaintiff’s entire

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body. At that point, Plaintiff alleges that he informed the dentist that he could not feel his tongue.

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Nevertheless, the dentist continued with the extraction, which allegedly included the use of saw to

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“crack” the tooth for extraction. Eventually, Plaintiff told the dentist the pain was unbearable and

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requested to come back another time. The dentist indicated the extraction was almost complete and,

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ultimately, was able to complete the extraction. He gave Plaintiff a prescription, presumably for the

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pain.

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A few weeks after the extraction event, Plaintiff returned to the dentist and informed him that

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he still could not feel his gums on the rights side of his mouth. Plaintiff also informed the dentist

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that he could not feel parts of his tongue and that he was still experiencing pain in the upper right

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side of his mouth. The dentist allegedly told Plaintiff that the pains were something that could be

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experienced after the procedure. Plaintiff alleges that he has never experienced pain like what he

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experienced, calling it an unbearable punishment. Based on these events, he seeks damages under

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section 1983 for violation of his Eighth Amendment rights.

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To establish a cognizable claim under section 1983, a plaintiff must allege two elements: (1)

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that the defendant violated a right secured by the Constitution and law of the United States, and (2)

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that the defendant was acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988); see

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also e.g. Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006). Plaintiff’s claim does

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not adequately state a constitutional violation committed by a defendant acting under color of state

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law. The Eighth Amendment prohibits the imposition of cruel and unusual punishments and

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“embodies broad and idealistic concepts of dignity, civilized standards, humanity and decency.”

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Estelle v. Gamble, 429 U.S. 97, 102, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). A detainee or prisoner's

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claim of inadequate medical care does not constitute cruel and unusual punishment unless the

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mistreatment rises to the level of “deliberate indifference to serious medical needs.” Id . at 106. The

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“deliberate indifference” standard involves an objective and a subjective prong. First, the alleged

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deprivation must be, in objective terms, “sufficiently serious.” Farmer v. Brennan, 511 U.S. 825,

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834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (citing Wilson v. Seiter, 501 U.S. 294, 298, 111 S.Ct.

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2321, 115 L.Ed.2d 271 (1991)). Second, the prison official must act with a “sufficiently culpable

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state of mind,” which entails more than mere negligence, but less than conduct undertaken for the

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very purpose of causing harm. Farmer, 511 U.S. at 837. A prison official does not act in a

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deliberately indifferent manner unless the official “knows of and disregards an excessive risk to

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inmate health or safety.” Id. at *3. In applying this standard, the Ninth Circuit has held that before it

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can be said that a prisoner's civil rights have been abridged, “the indifference to his medical needs

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must be 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 Estelle,

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429 U.S. at 105–06. “[A] complaint that a physician has been negligent in diagnosing or treating a

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

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Amendment. Medical malpractice does not become a constitutional violation merely because the

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victim is a prisoner.” Estelle v. Gamble, 429 U.S. at 106; see also Anderson v. County of Kern, 45

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F.3d 1310, 1316 (9th Cir.1995); McGuckin v. Smith, 974 F.2d 1050, 1050 (9th Cir.1992) (overruled

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on other grounds), WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir .1997) (en banc). Even

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gross negligence is insufficient to establish deliberate indifference to serious medical needs. See

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Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir.1990). A prisoner's mere disagreement with

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diagnosis or treatment does not support a claim of deliberate indifference. Sanchez v. Vild, 891 F.2d

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240, 242 (9th Cir.1989).

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Delay of, or interference with, medical treatment can also amount to deliberate indifference.

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See Jett v. Penner, 439 F.3d 1091, 1096 (9 th Cir.2006); Clement v. Gomez, 298 F.3d 898, 905 (9th

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Cir.2002); Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir.2002); Lopez v. Smith, 203 F.3d 1122,

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1131 (9th Cir.1996); Jackson v. McIntosh, 90 F.3d 330,332 (9th Cir.1996); McGuckin v. Smith, 974

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F.2d 1050, 1059 (9th Cir.1992) overruled on other grounds by WMX Techs., Inc. v. Miller, 104 F.3d

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1133, (9th Cir.1997) (en banc); Hutchinson v. United States, 838 F.2d 390, 394 (9th Cir.1988).

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Where the prisoner is alleging that delay of medical treatment evinces deliberate indifference,

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however, the prisoner must show that the delay led to further injury. See Hallett, 296 F.3d at 745–46;

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McGuckin, 974 F.2d at 1060; Shapley v. Nev. Bd. Of State Prison Commis, 766 F.2d 404, 407 (9th

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Cir.1985) (per curiam).

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The events described in Plaintiff’s complaint describe what, at most, could be characterized

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as claims for medical negligence. There is no allegation of interference, delay, or indifference. To

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the contrary, it appears that prison officials have made sure that Plaintiff receives dental care and

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follow-up care based on his complaints. Consequently, the Court will dismiss the complaint without

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prejudice. Plaintiff will be afforded an additional opportunity to state a cognizable constitutional

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claim for deliberate indifference to his medical needs.

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Based on the foregoing and good cause appearing,

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IT IS THEREFORE ORDERED that Plaintiff’s Motion/Application to Proceed In Forma

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Pauperis (#1) is granted. Plaintiff shall not be required to pay an initial installment of the filing fee,

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but the full filing fee must still be paid pursuant to 28 U.S.C. § 1915(b)(2).

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IT IS FURTHER ORDERED that Plaintiff is permitted to maintain this action to

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conclusion without the necessity of prepayment of any additional fees or costs or the giving of

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security therefor. This order granting leave to proceed in forma pauperis shall not extend to the

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issuance of subpoenas at government expense.

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IT IS FURTHER ORDERED that the Clerk of the Court shall SEND a copy of this order

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to the Finance Division of the Clerk’s Office. The Clerk shall also SEND a copy of this order to the

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attention of the Chief of Inmate Services, or equivalent, at Plaintiff’s place of incarceration or

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Federal Bureau of Prisons.

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IT IS FURTHER ORDERED that the Clerk of Court shall file Plaintiff’s Complaint.

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IT IS FURTHER ORDERED that Plaintiff’s Complaint is dismissed without prejudice

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for failure to state a claim upon which relief can be granted. Plaintiff shall have until August

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13, 2014 to file an amended complaint. Failure to file a timely amended complaint will result in a

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recommendation that this case be dismissed.

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Dated: July 18, 2014.

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_________________________________________
C.W. Hoffman, Jr.
UNITED STATES MAGISTRATE JUDGE

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