Dotson v. Settles et al
Filing
24
MEMORANDUM OPINION. Signed by District Judge Pamela L Reeves on 10/11/19. (copy mailed to Gabriel Dotson at Trousdale Turner Correctional Center) (JBR)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
GABRIEL DOTSON,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
DANIELLE TURNER,
Defendant.
No.
1:18-CV-139-PLR-SKL
MEMORANDUM OPINION
Plaintiff, an inmate proceeding pro se in a civil rights action for violation of 42 U.S.C. §
1983, alleges that Defendant Danielle Turner denied him constitutionally adequate medical care
[See Doc. 12 p. 5-8]. Defendant has filed a motion to dismiss Plaintiff’s claim against her for
failure to state a claim upon which relief may be granted [Doc. 16]. Plaintiff has submitted a
response in opposition to the motion [Doc. 19], and Defendant has filed a reply thereto [Doc. 22].
Having fully considered the parties’ arguments and the applicable law, the Court finds that
Defendant’s motion should be granted.
I.
PLAINTIFF’S RELEVANT ALLEGATIONS
On June 7, 2017, while housed at the Bledsoe County Correctional Complex, Plaintiff was
injured while playing basketball [Doc. 12 p. 5]. He was examined by Defendant Danielle Turner,
a nurse at the clinic, who noted the swelling to his injured foot and left the room to speak to the
doctor. When she returned, she told Plaintiff that a doctor would x-ray his ankle the following day
[Id.]. Defendant Turner did not provide Plaintiff with pain medication or crutches, but after
Plaintiff advised her that he could not place weight on his ankle, she called an officer to return
Plaintiff to his unit in a wheelchair [Id. at 5-6]. Plaintiff was returned to his unit but was denied
food for the following two days, as he could not walk to the dining hall and lacked crutches or a
wheelchair to assist him [Id. at 6, 13].
Plaintiff limped to the clinic the following day and had his foot and ankle x-rayed [Id. at
6-7]. He was not provided any medication for pain [Id. at 7]. The swelling of his foot prevented
him from wearing his boots [Id.]. On June 12, 2017, Plaintiff was told by an officer in the dining
hall that he could not return until he had on boots [Id.]. The same day, Plaintiff returned to the
clinic, where Defendant Turner advised Plaintiff that doctor had just read his x-ray, which showed
that he had a hairline fracture [Id.]. Plaintiff was provided crutches and ibuprofen [Id.]. On June
14, 2017, Plaintiff finally saw a doctor and was informed that he had a broken ankle and would be
placed in a special boot [Id.].
Plaintiff alleges that Defendant Turner was responsible for ensuring that he was timely
seen by medical professionals who would have diagnosed and treated his injury, and that he
endured unnecessary pain and suffering due to her failure to make a prompt referral to the
available, treating professionals [See Doc. 12; Doc. 19 p. 1-2].
II.
MOTION TO DISMISS STANDARD
To survive a motion to dismiss, a complaint must “state a claim to relief that is plausible
on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 570 (2007)). A claim for relief is plausible on its face “when the plaintiff pleads
factual content that allows the court to draw the reasonable inference that the defendant is liable
for the misconduct alleged.” Id. A claim for relief is implausible on its face when “the wellpleaded facts do not permit the court to infer more than the mere possibility of misconduct.” Id.
at 679. When considering a plaintiff’s claims, all factual allegations in the complaint must be
taken as true. See, e.g., Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). However, the Supreme
Court has cautioned:
2
Determining whether a complaint states a plausible claim for relief will. . . be a
context-specific task that requires the reviewing court to draw on its judicial
experience and common sense. But where the well-pleaded facts do not permit the
court to infer more than the mere possibility of misconduct, the complaint has
alleged but it has not “show[n]” “that the pleader is entitled to relief.” Fed. Rule
Civ. Proc. 8(a)(2).
Iqbal, 556 U.S. at 679 (internal citations omitted).
Additionally, while Plaintiff’s claim survived a frivolity review upon initial screening
under the Prison Litigation Reform Act (“PLRA”), the standard for a Rule 12(b)(6) motion is a
higher bar than the frivolity standard in 28 U.S.C. § 1915. See, e.g, Leach v. Corr. Corp. of Am.,
No. 3:16-CV-2876, 2017 WL 35861, at *3 (M.D. Tenn. Jan. 4, 2017) (stating the required
screening of a plaintiff’s complaint under the PLRA is “a lower burden for the plaintiff to
overcome in order for his claims to proceed” than a motion to dismiss under Rule 12(b)(6)). It is
with these standards in mind that the Court considers the Defendant’s motion.
III.
DISCUSSION
Plaintiff’s allegation that Defendant Turner denied him proper medical treatment
implicates the Eighth Amendment’s prohibition against cruel and unusual punishment, which
proscribes acts or omissions that produce an “unnecessary and wanton infliction of pain.” Wilson
v. Seiter, 501 U.S. 294, 297 (1991). An Eighth Amendment claim is composed of two parts: (1)
an objective component, which requires a plaintiff to show a “sufficiently serious” deprivation;
and (2) a subjective component, which requires a showing of a sufficiently capable state of mind
– that of “deliberate indifference.” Farmer v. Brennan, 511 U.S. 825, 834, 842 (1994).
In order to meet the subjective requirement, an inmate must show more than negligence or
medical malpractice in failing to render adequate medical care. See, e.g., Harrison v. Ash, 539
F.3d 510, 518 (6th Cir. 2008). Rather, deliberate indifference is demonstrated only where “the
official knows of and disregards an excessive risk to inmate health or safety; the official must both
3
be aware of the facts from which the inference could be drawn that a substantial risk of harm exists,
and he must also draw the inference.’” Id. (quoting Farmer, 511 U.S. at 837).
Here, Plaintiff admits that he was seen by Defendant Turner on the day of his injury, and
that she checked his vitals and viewed his swollen ankle [Doc. 12 p. 5]. He contends that she went
to get the doctor but returned and stated that the doctor would x-ray his ankle the following day
[Id.]. She had an officer return him to his cell in a wheelchair [Id. at 5-6]. Plaintiff further admits
that he was seen the following day by other medical staff, and his ankle was x-rayed [Id. at 6-7].
Thus, Defendant Turner took steps on the day of Plaintiff’s injury to notify the facility’s medical
doctor and schedule an x-ray for the following day [Doc. 1 p. 6]. There is no indication in
Plaintiff’s complaint that he interacted with Defendant Turner the day his ankle was x-rayed [See
id. at 6-7]. Therefore, Plaintiff offers no specific allegations that would allow the Court to infer
that Defendant Turner’s evaluation of him and/or subsequent communication to the doctor
deprived him of his constitutional rights.
Plaintiff also alleges that Defendant Turner was deliberately indifferent by not providing
him with crutches or a wheelchair. However, there is no suggestion in Plaintiff’s complaint that it
is within her authority to order a wheelchair or crutches for Plaintiff to use. In his complaint,
Plaintiff contends that two different doctors saw him struggling to limp to the clinic on one
occasion, and that when one of the physicians attempted to procure a wheelchair for Plaintiff, the
physician was told by correctional staff “he was cleared to walk so he can walk there” [Doc. 12 p.
6]. Therefore, if a physician on grounds was unable to procure a wheelchair for Plaintiff without
written orders, Defendant Turner cannot be at fault for failing to procure same. As a subordinate,
Defendant Turner followed the orders of the treating physician without deciding whether Plaintiff
should receive a wheelchair, crutches, or pain medication. See, e.g., Walker v. Eyke, 417 F. App’x
461, 464 (6th Cir. 2011) (concluding that the plaintiff failed to offer evidence that the defendant
4
psychologist had a sufficiently culpable mind to deprive him of certain drugs because the
psychologist lacked authority to prescribe the drugs requested); Nimety v. Schilling, No.
7:16CV00043, 2017 WL 975989, at *7 (W.D. Va. Mar. 10, 2017) (noting “the nurse defendants
do not have the authority to order any medication, test, treatment, exercise, prosthetic, mobility
aid, equipment, or outside referral”); Braddock v. Crompton, No. 1:10–cv–731, 2015 WL 6040307
at *3 (W.D. Mich. Oct. 15, 2015) (finding nurse lacked subjective component of deliberate
indifference claim where she had no authority to order requested relief). Accordingly, Plaintiff
cannot demonstrate that Defendant Turner was deliberately indifferent to his need for crutches or
a wheelchair.
Plaintiff’s remaining allegation as to Defendant Turner is that she characterized his injury
as a “hairline fracture” on June 14, while the doctor characterized it as “broken” [Doc. 12 p. 8].
However, even if Defendant Turner should have recognized Plaintiff’s ankle as broken and did
not, this type of an allegation fails to state a claim which entitles a prisoner to relief under § 1983.
See Estelle v. Gamble, 429 U.S. 97, 106 (1976) (“[A] complaint that a physician has been negligent
in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment
under the Eighth Amendment.”). Therefore, Plaintiff cannot sustain a § 1983 claim against
Defendant Turner for deliberate indifference, and she is entitled to dismissal. 1
IV.
CONCLUSION
For the reasons set forth herein, Defendant Turner is entitled to be dismissed from this
action. Accordingly, Defendant Turner’s motion to dismiss [Doc. 16] will be GRANTED, and
this action will be DISMISSED WITH PREJUDICE.
1
To the extent Plaintiff’s claim sounds in health-care liability, the Court notes that he has
failed to comply with the provisions of Tennessee Health Care Liability Act, Tenn. Code Ann. §
29-26-101, et seq., including § 29-26-121 (written notice of claim) and § 29-26-122 (certificates
of good faith).
5
Further, the Court will CERTIFY that any appeal from this decision would not be taken
in good faith, and that Plaintiff should be DENIED leave to proceed in forma pauperis on any
subsequent appeal.
AN APPROPRIATE ORDER WILL ENTER.
ENTER:
6
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?