Carrasco-Salazar, Roberto v. U.S. BOP Medical Staff et al

Filing 27

ORDER granting defendant Ritter's 17 Motion for Summary Judgment. Signed by District Judge William M. Conley on 4/14/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROBERTO CARRASCO-SALAZAR,
Plaintiff,

OPINION & ORDER

v.
13-cv-11-wmc
MR. FAERDAY, DR. REED,
P.A. SPAHN, MR. LOPEZ,
DR. GUPTA and P.A. RITTER,
Defendants.

In this civil action, brought pursuant to Bivens v. Six Unknown Agents of Federal Bureau
of Narcotics, 403 U.S. 388 (1971), plaintiff Roberto Carrasco-Salazar was granted leave to
proceed against defendants for alleged deliberate indifference to his medical needs while he
was incarcerated at the Federal Correctional Institution at Oxford, Wisconsin. (See dkt.
#5.) One of those defendants, Lieutenant Cari Ritter, has moved for summary judgment,
on the grounds that she is absolutely immune from suit as a commissioned officer of the
United States Public Health Service (“USPHS”). (Dkt. #17.) Carasco-Salazar has filed a
response.

(Dkt. # 26).

After considering all of the pleadings, the court will grant Lt.

Ritter’s motion for summary judgment for reasons set forth briefly below.

OPINION
Section 233(a) of United States Code Title 42 “grants absolute immunity to PHS
officers and employees for actions arising out of the performance of medical or related
functions within the scope of their employment by barring all actions against them for such
conduct.” Hui v. Castaneda, 559 U.S. 799, 806 (2010) (citing 42 U.S.C. § 233(a)). This

immunity “precludes Bivens actions against individual PHS officers or employees” for any
harms arising out of the scope of their employment. Id. at 812. “[P]roof of scope is in most
§ 233(a) cases established by a declaration affirming that the defendant was a PHS official
during the relevant time period.” Id. at 811.
Lt. Ritter has provided the declaration of Captain George Durgin, who holds the
position of Commissioned Corps Liaison Officer, Recruitment and Staffing Section, Health
Services Division, Federal Bureau of Prisons. In that position, Capt. Durgin has access to
the detail history of all USPHS officers who are or have been detailed to the Bureau of
Prisons. Capt. Durgin avers, and Carrasco-Salazar does not dispute, that Lt. Ritter was an
active duty commissioned officer of the USPHS acting in the scope of her employment at
all times relevant to this case. (See Capt. George Durgin Decl. (dkt. #19) ¶ 4.) Thus,
pursuant to § 233(a) and Hui, Lt. Ritter is entitled to absolute immunity from suit, and the
court will enter judgment as a matter of law in her favor on Carrasco-Salazar’s claims.

ORDER
IT IS ORDERED that defendant Lt. Cari Ritter’s motion for summary judgment
(dkt. #17) is GRANTED.
Entered this 14th day of April, 2014.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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