Cox v. Watson et al
Filing
19
MEMORANDUM OPINION: For the reasons set forth above, all Defendants are entitled to dismissal, and this § 1983 action will be DISMISSED with prejudice for failure to state a claim upon which relief may be granted under § 1983. Further, the Court will CERTIFY that any appeal from this action would not be taken in good faith and would be frivolous. Signed by District Judge J Ronnie Greer on 07/29/2019. (Copy of Memorandum Opinion mailed to Raymond Cox) (CAT)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
RAYMOND COX,
Plaintiff,
v.
SHERIFF ERICK WATSON, JOHN
BEAVERS, JANE DOE 1, JANE DOE 2,
and JANE DOE 3,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No. 1:18-CV-00002-JRG-CHS
MEMORANDUM OPINION
This pro se prisoner’s complaint for violation of 42 U.S.C. 1983 and Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) is before the Court for screening
pursuant to the Prison Litigation Reform Act [Doc. 2]. 1
I.
SCREENING STANDARDS
Under the Prisoner Litigation Reform Act (“PLRA”), district courts must screen prisoner
complaints and shall, at any time, sua sponte dismiss any claims that are frivolous or malicious,
fail to state a claim for relief, or are against a defendant who is immune. See, e.g., 28 U.S.C. §§
1915(e)(2)(B) and 1915A; Benson v. O’Brian, 179 F.3d 1014 (6th Cir. 1999). The dismissal
standard articulated by the Supreme Court in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and in Bell
Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) “governs dismissals for failure state a claim under
[28 U.S.C. §§ 1915(e)(2)(B) and 1915A] because the relevant statutory language tracks the
language in Rule 12(b)(6).” Hill v. Lappin, 630 F.3d 468, 470–71 (6th Cir. 2010). Thus, to survive
an initial review under the PLRA, a complaint “must contain sufficient factual matter, accepted as
1
On July 6, 2018, this Court ordered Plaintiff to file an amended complaint within twenty-one days of entry
of the order [See Doc. 17 at. 6]. However, Plaintiff failed to file an amended complaint, and therefore, the original
complaint serves as the operative pleading in this cause [Id].
true, to ‘state a claim to relief that is plausible on its face.’” Iqbal, 556 U.S. at 678 (quoting
Twombly, 550 U.S. at 570). Courts liberally construe pro se pleadings filed in civil rights cases
and hold them to a less stringent standard than formal pleadings drafted by lawyers. Haines v.
Kerner, 404 U.S. 519, 520 (1972).
In order to state a claim under 42 U.S.C. § 1983, a plaintiff must establish that he was
deprived of a federal right by a person acting under color of state law. Braley v. City of Pontiac,
906 F.2d 220, 223 (6th Cir. 1990) (stating that “Section 1983 . . . creates a right of action for the
vindication of constitutional guarantees found elsewhere”). Similarly, to state a Bivens claim, a
plaintiff must establish that he was deprived of a constitutionally protected right by a federal officer
acting under the color of law. See, generally, Bivens, 403 U.S. 388.
II.
ALLEGATIONS OF COMPLAINT
Prior to his present incarceration, Plaintiff suffered numerous serious injuries in a car wreck
and subsequent reinjuries to his shoulder that required surgery, but he was unable to have the
surgery performed due to his lack of insurance or financial resources to pay for the treatment [Doc.
2 at 7-8]. Sometime later, Plaintiff was declared temporarily disabled and provided insurance
through TennCare, but he was unable to successfully schedule surgery due to an unpaid bill from
a previous surgery [Id. at 8].
After suffering severe chest and throat pains on November 2, 2017, Plaintiff was taken to
the emergency room at Tennova Harton Hospital in Tullahoma, Tennessee, where a CT scan
revealed that he had a punctured and partially collapsed lung [Id. at 8-9]. Plaintiff was transported
to the Erlanger Trauma Unit in Chattanooga, Tennessee, where medical professionals determined,
due to the age of Plaintiff’s injuries, the less-invasive treatment of pain management should be
tried before surgery was attempted [Id. at 9]. Plaintiff claims he was advised to follow-up with his
primary care physician in seven days and was released with narcotic pain medication [Id.].
2
Plaintiff maintains that he was unable to receive timely follow-up care, however, due to his
physician’s case load [Id.].
Plaintiff asserts that he was finally scheduled to go to a pain clinic on November 13, 2017,
“to acquire pain medication and a referral. . . for MRI’s of his neck, upper back, and right shoulder
in order to facilitate surgery” but was arrested that morning upon a federal warrant for a supervisedrelease violation [Id. at 10]. Upon being taken into federal custody, Plaintiff advised a Deputy
Marshal of all his injuries, which were noted in Plaintiff’s file and recounted to the United States
Magistrate Judge during arraignment [Id.]. Plaintiff maintains that the Deputy United States
Marshal attending the arraignment advised the court that Plaintiff would be housed at the Bradley
County Detention Facility (“BCDF”) and would there receive proper care [Id.]. During transport
to BCDF, a Deputy Marshal called ahead and advised the facility of Plaintiff’s injuries [Id. at 11].
Plaintiff claims that upon arrival at BCDF on November 14, 2017, medical staff member
Jane Doe 1, performed an intake examination that resulted in Plaintiff being assigned to a top bunk
in general population despite her knowledge of his injuries [Id. at 6, 11-12]. The following day,
Jane Doe 2, another medical staff member at BCDF, examined Plaintiff for injuries and determined
that he had no lung injury and required no treatment beyond over-the-counter medications, which
she prescribed [Id. at 6, 12]. On November 16, 2017, medical staff member Jane Doe 3 examined
Plaintiff and documented his medical history [Id. at 7, 12]. Plaintiff claims that Jane Doe 3 failed
to acknowledge Plaintiff’s injuries, claiming that she had reviewed his medical records and did not
find any indication that he had suffered a collapsed or punctured lung [Id.].
Plaintiff contends that he submitted kiosk unanswered requests for legal services and
medical care on several occasions while housed at BCDF, and that since Bradley County Sheriff
Erick Watson maintains control of BCDF, he had a duty to see that Plaintiff received medical
treatment and had proper access to the courts [Id. at 13-16]. Similarly, Plaintiff claims that United
3
States Deputy Marshal John Beavers had a knowledge of Plaintiff’s injuries and a corresponding
duty to ensure that he was housed at a facility where he could receive proper care [Id. at 16-18].
III.
DISCUSSION
A.
Bivens’ claim
The sole basis for Plaintiff’s Bivens’ claim is that Deputy Marshal John Beavers detained
Plaintiff in BCDF. However, Plaintiff’s complaint makes it clear that the Deputy Marshals
recorded Plaintiff’s alleged injuries, conveyed them to the Court, and conveyed the injuries to
BCDF. Deputy Beavers, a non-medical professional, was not involved in any medical decision
that allegedly deprived Plaintiff of a protected right, and therefore, he has failed to state a claim
against Deputy Beavers, the sole federal actor in this cause. See, e.g., Frazier v. Michigan, 41 F.
App’x 762, 764 (6th Cir. 2002) (providing that “a complaint must allege that the defendants were
personally involved in the alleged deprivation of federal rights” to state a claim upon which relief
may be granted). Accordingly, Plaintiff has failed to state a Bivens claim, and this claim will be
dismissed.
B.
Section 1983 claims
Plaintiff asserts § 1983 claims against all remaining Defendants for the denial of medical
care and against Sheriff Watson for the denial of access to the courts.
1.
Access to courts
Plaintiff alleges that because Defendant Watson did not ensure that Plaintiff’s grievances
and requests were addressed, Defendant Watson failed his duty to ensure that Plaintiff had
adequate access to the courts. As an initial matter, the Court notes that Plaintiff cannot sustain a
claim against Defendant Watson for merely failing to respond to Plaintiff’s complaints, as “[t]he
‘denial of administrative grievances or the failure to act’ by prison officials does not subject
supervisors to liability under § 1983.” Grinter v. Knight, 532 F.3d 567, 576 (6th Cir.
4
2008) (quoting Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999)). Moreover, Plaintiff was
able to file the instant complaint, and therefore, he has not demonstrated that he was prevented
from pursing a legal claim, or that he lost the ability to pursue some avenue of relief due to the
delay caused by Defendant Watson’s conduct. Therefore, Plaintiff’s allegation against Sheriff
Watson for a denial of access to the courts fails to state a claim upon which relief may be granted.
See Lewis v. Casey, 518 U.S. 343, 354 (1996) (holding inmate claiming lack of access must
demonstrate his prison officials impeded non-frivolous civil rights or criminal action); Kensu v.
Haigh, 87 F.3d 172, 175 (6th Cir. 1996) (“An inmate who claims his access to the courts was
denied fails to state a claim without any showing of prejudice to his litigation.”).
2.
Medical treatment
“[D]eliberate indifference to serious medical needs of prisoners constitutes the
‘unnecessary and wanton infliction of pain’ proscribed by the Eighth Amendment.” Estelle v.
Gamble, 429 U.S. 97, 104 (1976) (citation omitted). “For this reason, ‘deliberate indifference to
a prisoner’s serious illness or injury states a cause of action under § 1983.’” Darrah v. Krisher,
865 F.3d 361, 367 (6th Cir. 2017) (quoting Estelle, 429 U.S. at 105).
To constitute “deliberate indifference,” the deprivation alleged must be of a sufficiently
serious need, and the defendant must have acted with a “sufficiently culpable state of mind.”
Darrah, 865 F.3d at 367-68 (quoting Farmer v. Brennan, 511 U.S. 825, 834 (1994)). Therefore,
deliberate indifference is illustrated by a prison official who acts or fails to act despite knowledge
of a substantial risk of serious harm to an inmate under his care. Id. “However, where a prisoner
receives some medical care and the dispute is over its adequacy, no claim has been stated.” Bryan
v. Washington Cty. Sheriff’s Dep’t, No. 2:10-cv-169, 2012 WL 523653, at * 2 (E.D. Tenn. Feb.
15, 2012) (citing Westlake v. Lucas, 537 F.2d 857, 860 n.5 (6th Cir. 1976)). Thus, “[w]hen a
5
[medical professional] provides treatment, albeit carelessly or inefficaciously, to a prisoner, he has
not displayed a deliberate indifference to the prisoner’s needs, but merely a degree of
incompetence which does not rise to the level of a constitutional violation.” Comstock v. McCrary,
273 F.3d 693, 703 (6th Cir. 2001).
a)
Sheriff Watson
Plaintiff has not pled any facts that would allow the Court to infer that Defendant Watson
had any direct involvement in the decisions whether to administer treatment to Plaintiff, and
neither his status as Sheriff or his failure to respond to Plaintiff’s complaints is sufficient to impose
liability against him. Frazier v. Michigan, 41 F. App’x 762, 764 (6th Cir. 2002) (providing that
“a complaint must allege that the defendants were personally involved in the alleged deprivation
of federal rights” to state a claim upon which relief may be granted); Polk Cty. v. Dodson, 454
U.S. 312, 325 (1981); Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999) (finding that knowledge
of a prisoner’s grievance and a failure to respond or remedy the complaint was insufficient to
impose liability on supervisory personnel under § 1983).
b)
Jane Doe Defendants
Plaintiff alleges that the Jane Doe Defendants violated his constitutional rights by treating
his injuries with over-the-counter pain medication, by initially assigning him a top bunk, and by
declaring that he did not appear to have a punctured lung. First, the Court finds that Plaintiff’s
dissatisfaction with his bunk assignment is insufficient to state a claim of deliberate indifference
against Jane Doe 1, as his complaint does not allow the Court to infer that she caused Plaintiff to
be assigned to a top bunk despite the medical necessity for a lower-bunk assignment. See Burley
v. Upton, 257 F. App’x 207, 210 (11th Cir. 2007) (“Even if Burley did have a ‘serious medical
need,’ he failed to show that officials were anything more than negligent by keeping him in a top
6
bunk for five days”); Jones v. Pancake, No. 3:06CV–P188, 2009 WL 481899, at *4 (W.D. Ky.
Feb. 25, 2009) (“While Plaintiff might disagree with Dr. Hiland’s determination that a bottom
bunk was not necessary, he has not shown that Dr. Hiland was deliberately indifferent to his
needs.”).
Regarding Plaintiff’s dissatisfaction with the medical care rendered to him at BCDF, the
Court notes that Plaintiff has alleged that he suffered a series of injuries months before his arrest
that free-world medical professionals initially treated with prescription medication, rather than
surgery. Therefore, it appears to the Court that both the free-world medical professionals and the
Jane Doe Defendants concluded that pain management was the appropriate course of treatment for
Plaintiff’s complaints. While Plaintiff alleges that he intended to go to a pain clinic on the day of
his arrest “to acquire pain medication and a referral. . . for MRI’s of his neck, upper back, and right
shoulder in order to facilitate surgery,” such an allegation only represents what he desired to
happen at that appointment, not an allegation that such procedures had been deemed medically
necessary. Plaintiff cannot transform his dissatisfaction with the medical care provided at BCDF
into a constitutional claim merely because the medical opinions of the Jane Doe Defendants differ
from his. See Darrah, 865 F.3d at 372 (“Where a prisoner has received some medical attention
and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to
second guess medical judgments and to constitutionalize claims which sound in state tort law.’”)
(quoting Westlake v. Lucas, 537 F.2d 857, 860 n.5 (6th Cir. 1976)). Therefore, Plaintiff has failed
to state a claim against Jane Doe Defendants for the denial of medical care, and they are entitled
to be dismissed from this action.
7
IV.
CONCLUSION
For the reasons set forth above, all Defendants are entitled to dismissal, and this § 1983
action will be DISMISSED with prejudice for failure to state a claim upon which relief may be
granted under § 1983. 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1).
Further, the Court will CERTIFY that any appeal from this action would not be taken in
good faith and would be frivolous. 28 U.S.C. § 1915(a)(3); Fed. R. Civ. P. 24.
ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?