Tramble v. Memorial Hermann Hospital et al
Filing
24
MEMORANDUM OPINION AND ORDER. Prisoner Civil Rights action is dismissed with prejudice. Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
United States District Court
Southern District of Texas
ENTERED
IN THE UN ITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
November 20, 2018
David J. Bradley, Clerk
DA RNELL JO TRA M BLE ,
TDCJ #02136473,
Plaintiff,
C IVIL ACTION
H-18-0810
MEMORIAL HERMANN HOSPITAL ,
et al .,
Defendants.
M EMORANDUM OPINION AND ORDER
State inmate Darnell Jo Tramble (
TDCJ 402136473) has filed a
Prisoner's
Rights
Complaint
(
ncomplaint/ll
' Docket Entry No.
under
42
5
alleging violations
1983
his
rights by Memorial Hermann Hospital, Ben Taub Hospital, and
several physicians following his arrest
officers with the
Houston Police Department (
nHPD'
'). Tramble has filed two amended
versions
Complaint (
Docket Entry Nos.
cou rt 's request Tramb le has
20).
filed Plaintiff's More Definite
Statement of his claims (
Docket Entry No. 22). Because Tramble is
an inmate who proceeds in forma oauperis,
court is required
scrutinize the claims and dismiss the Complaint ,
whole
if it determines that the Complaint nis frivolous, malicious,
fails
state
claim upon which relief
nseeks monetary relief from
defendant who
ranted '
'
immune from such
relief.'
'
D.S. 55 1915A (
C.
b), 1915 ( 2)(
e)( B). After considering
all of the pleadings the
concludes that this case must be
dism issed for the reasons explained below .
1.
On February 10,
Backcround
Tramble sustained
shot wound
left shoulder, which caused a UmaJOr grac tu reM
'
the Mmid
humerus .'' Tramble explains that
'
a 20 gauge shotgun
girlfriendx Tramble was taken
ambulance
Hospital (
nMemorial Hermann') and treated
'
Tramble claims that
constitutional rights
Memorial Hermann
the emergency room .z
emergency room physicians violated his
delaying treatm ent while HPD officers
placed him under arrest .t
Tramb le was arrested and charged with assault
family
m ember by '
Aimpeding breath' in connection with the altercation he
'
had with
doctors
girlfriendx
Although Tramble requested surgery,
Memorial Hermann treated the fracture with a nsplint'
'
V second Amendedq Prisoner's Civil Rights Complaint (
nsecond
Amended Complaint'), Docket Entry No. 2O, p. 4.
/
z
plaintiff's More Definite Statement, Docket Entry No . 22,
'
Second Amended Complaint, Docket Entry No .
tId .
s
plaintiff's More Definite Statementr Docket Entry No . 22#
and the gun
shot entry wounds with bandagesx
Tramble was
discharged from Memorial Hermann two days later and taken
Harris County Jail on February
the
2017.7
On May 25, 2017, Tramble was convicted of the assault charges
against him and sentenced
years
state prison .8
was
admitted to the Texas Department of Criminal Justice - Correctional
Institutions Division ('
ATDCJ/)
'
June 22, 2017.9 While in custody
at the Harris County Jail pending the resolution of those charges,
Tramble received follow-up care
injuries
Ben Taub
Hospital ('
'Ben Taub'). 0 Between February 22, 2017, and May
' l
2017, Tramble received X-rays, bandage changes, and
replace the splint
arm .''
brace
Although Tramble complained
swelling, weakness, and numbness, he claims that physicians at Ben
Taub failed
treat his injury properly by removing ubullet
reportedly rem ained
and
that
they
failed
perform
uprocedure'
'
fractured humerus with his injured shoulderx z
6Id . at 4 .
?Id . at 5 .
8Id .
9Id .
1 jd
0(
at
: Id
l
$ Id *
2
.
arm
align
his
Tramble claims,
Taub
therefore, that doctors
%failed
%
render needed
medical attention ./l3
'
Tramble continues to wear a uwrist support b race' on his left
'
hand and is unable to lift over 30 pounds due to joint swelling and
pain from the bullet fragments that remain in the soft tissue
his left arm, which he describes as deformedx 4 Invoking 42
f 1983, Tramble sues Memorial Hermann, Ben Taub,
physicians who treated him
and several
the gun shot wound he sustainedx b
Specifically , Tramble contends that doctors at Mem orial Hermann and
Ben Taub are liable for malpractice by denying him adequate medical
care
the form of surgery and the removal of bullet fragments,
which have caused swelling, weakness, and numbness
armx 6
Tramble seeks monetary damages for his pain and mental anguishx v
II . Discu ssion
A.
Claims Against HPD
Tramble contends
interfered
HPD is liable because officers hindered
medical
treatment
physicians
emergency
room
under arrest
1 Id
3
14j(
gj
a..
t
ls
second Amended Complaint, Docket Entry No . 2O,
Mplaintiff's More Definite Statement, Docket Entry No . 22r pp .
5-6.
l
7second Amended Complaint, Docket Entry No .
February
2017.0
a subdivision of the City of Houston, HPD
1aCkS Capacity and is nOt Subject
Suit. See FED.
F. Supp .
Maxwell v . Henrv,
(
S.D. Tex. 1993); see also
Darbv v . Pasadena Police Dep't, 939 F.2d 311,
(5th
city,
subdivision
1991) (
concluding that, as an agency
the police department lacked capacity to be sued as an independent
entity). Accordingly,
Remaining Claim s
B.
%To state a claim under g U.S. 5 19832,
'
42
C.
allege a violation of rights secured by
laws of
plaintiff must
Constitution
United States and (
2) demonstrate that the alleged
deprivation was committed by a person acting under color of state
law .' Lefall v. Dallas Inden. Sch. Distw
'
1994) (
citations omitted).
violation
nmust be
caused
v. Edmundson Oil Co.,
other words, the alleged
exercise
privilege created by the State
State or by a person
28 F.3d 521, 525 (5th
some
right
by a rule of conduct imposed by
whom the State is resp onsible .' Luaar
'
2744,
(
1982).
This means
that nthe party charged with the deprivation must be a person who
fairly be said
fact
be
state actor,'
'
one who
state officialr one who nhas acted with
significant
from state officials,'
'
has obtained
whose 'conduct
'
'
8second Amended Complaint, Docket Entry No . 20, pp .
otherwise chargeable to the State .' Id .
'
Tramble does not allege facts showing that either Memorial
Hermann or Ben Taub are state actors or that, even if they cou ld be
considered as such, they can be held liable under 42
as
municipal entity
5 1983 .
not liable under
theory
respondeat superior, see Monell v . Der 't of Social Svcsw
2018, 2037 (
1978),
private hospital cannot be held vicariously
liable under 5 1983 for constitutional torts committed by
employees. See Shields v . Illinois Dep't of Corrections, 746 F.3d
782, 79O (
7th Cir. 2014) (
citations omitted); see also Goodarzi v.
Hartzoa, Civil No. H-12-2780, 2013 WL 3110056, at
5 (
S.D. Tex .
2013) (
rejecting a claim of state actor liability against
Memorial Hermann for this reason). Because Tramble does not allege
that he
was denied
deficient policy,
as the
does
result
constitutionally
state an actionable claim against
Memorial Hermann or Ben Taub under
of Houston, 237 F.3d 567,
(
5th
1983 . See Piotrowski v . Citv
2001) (
citing Monell, 98
2037)
Likewise ,
treated
the extent
Mem orial Hermann , physicians employed by private
hospital facilities do
liability under 42
them
Tramble sues physicians
become state actors
5 1983 simply because police transport
the emergency room .
675-76 (
9th Cir.
purposes
See Stratton v . Buck, 498
Stvles v. McGinnis,
App 'x
App'x 362,
2001); see also Thomas v. Nationwide Children's
Hosp., 882 F.3d 608, 614 (6th Cir. 2018) (
rejecting claims against
emergency room physicians because allowing state actor liability
under f 1983 in that context uwould
physicians
from exercising their professional judgment to administer care they
deem medically necessary/
/); Svkes v. Mcphillios, 412
Supp. 2d
202-03 (
N.D.
N.Y. 2006) (
explaining that hospitals, which are
federally mandated
provide emergency medical care pursuant
the Emergency Medical Treatment and Active Labor Act CA
EMTALA/ , 42
Q
5 1395dd, are
subject
state actor liability
Tramble does not otherwise
allege facts establishing liability on the part
the physicians
who treated him at Memorial Hermann .
Tramble also takes issue with
received from physicians
received care while
pursuant
Ben Taub , where he appears
have
was in custody at the Harris County Jail
contractual arrangement .
private hospital
follow-up care that he
Physicians employed
accepts prisoners as patients pursuant
contract can be liable as state actors for providing m edical
public function that
v . Atkins, 108 S .
attributable
state .
See West
2250, 2260 (
1988); see also Rice ex rel . Rice
v. Correctional Medical Svcsw
675 F.3d 650, 672 (
7th
2012)
(
citing Rodriauez v. Plvmouth Ambulance Svcw 577 F.3d 816, 831-32
2009)). Assuming that physicians employed
Ben Taub
qualify as state actors
this instance, Tramble cannot prevail
because he does not establish that he was denied medical care
violation of the Constitution .
Tramble's claim concerning the denial of adequate medical care
falls under the Due Process Clause of the Fourteenth Amendment,
which requires the state
provide for the 'basic human needs' of
'
'
pretrial detainees , including the right
Hare v. Citv of Corinth,
adequate medical care .
633, 639 (
5th
1996)
banc); see also Thomrson v. Kpshur Countv, 245 F.3d 447,
2001) ( g
n plretrial detainees have
under the Due Process Clause
constitutional right,
Fourteenth Amendment, not
have their serious medical needs met
on the part of
circumstances,
confining officials./)
'
prevail under these
plaintiff must demonstrate that
nhad subjective knowledge
defendants
a substantial risk of serious harm
a pretrial detainee but responded with deliberate indifference .'
'
Hare, 74 F .3d at 650.
The deliberate indifference standard
On e
meet .
an uextremely high'
'
Domino v . Texas Dep't of Criminal Justice,
F .3d
(
5th Cir. 2001).
negligence,
medical malpractice do
constitute deliberate
indifference, nor does a prisoner's disagreement with his medical
treatment , absent exigent circum stances.' Gobert v . Caldwell, 463
'
339,
2006).
-
8-
A
showing
deliberate
indifference requires the prisoner
officials
nrefused
treat
him ,
demonstrate that prison
ignored
his
complaints,
intentionally treated him incorrectly, or engaged in any similar
conduct that would clearly evince
wanton disregard for any
serious medical needs.' Id. (
'
citation and internal quotation marks
omitted).
The pleadings reflect that Tramble was provided with m edical
care
injuries that included an X-ray
fractures,
bandage changes for his gun shot wounds, and a brace to rep lace the
splint that he received initiallyx g Tramble takes issue with the
level of care he received, alleging that the physicians emp loyed by
Ben Taub comm itted medical malpractice by not removing bullet
fragments from his injured arm or performing surgery to stabilize
broken arm .20
deliberate
A llegations of m alpractice
indifference
constitutional violation .
and
are
insufficient
constitute
establish
See Gobert, 463 F .3d
Because
Tramble does not allege facts showing that he was denied care
violation
constitutional
dismissed for failure
rights, this
action
must
state a claim upon which relief can be
granted under 42 U.S .C . 5 1983 .
lgplaintiff's More Definite Statement , Docket Entry No . 22#
5.
20yd
at
be
111 . Conclusion and Order
Based on
foregoing,
court ORDERS as follows :
The prisoner civil rights action filed by Darnell
J. Tramble under 42 U .S .C . 5 1983 is DISM ISSED with
prejudice for failure to state a claim upon which
relief may be granted .
The d ismissal will count as
of 28 U. C . 5 1915(
S.
g).
The Clerk
directed
provide
Opinion and Order to the plaintiff and
STRIKE for purposes
copy
this Memorandum
the Manager of the Three
Strikes List at Three Strikes@txs.uscourts.qov .
SICHRD at Houston, Texas,
thisli th day of
. , 2018.
SIM LAKE
UNITED STATES DISTRICT JUDGE
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