Billops v. Sandoval

• Decision Date: 23 November 2005
• Docket Number: No. Civ.A. H-05-0530.,Civ.A. H-05-0530.
• Citation: 401 F.Supp.2d 766
• Parties: Charles BILLOPS, Sr., Plaintiff, v. Sandra SANDOVAL, P.A.C., et al., Defendants.
• Court: U.S. District Court — Southern District of Texas

Page 766

401 F.Supp.2d 766

Charles BILLOPS, Sr., Plaintiff, v. Sandra SANDOVAL, P.A.C., et al., Defendants.

No. Civ.A. H-05-0530.

United States District Court, S.D. Texas, Houston Division.

November 23, 2005.

Staci Pirnar, Steven K. Dewolf, John Piaget Vacalis, Bellinger & Dewold LLP, Dallas, TX, for Plaintiff.

Kim J. Coogan, Office of the Atty Gen of Texas, Austin, TX, for Defendants.

MEMORANDUM AND ORDER

ATLAS, District Judge.

This case arises from the 2003 death of Charles Billops, II ("Billops") while in the custody of the Texas Department of Criminal Justice ("TDCJ"). Plaintiff Charles Billops, Sr., individually and as the representative of the estate of Billops ("Plaintiff"), filed a civil rights complaint under Title 42 U.S.C. § 1983 (" § 1983") alleging prison medical officials were deliberately indifferent to Billops' serious medical condition.¹ Pending before the Court is Defendants Smith and Lee's Rule 12(c) Motion to Dismiss on the Pleadings for Failure to State a Claim ("Motion to Dismiss") [Doc. # 63]. Plaintiff has filed a Response [Doc. # 64]. Having considered the parties' submissions and the applicable legal authorities, the Court concludes the Motion to Dismiss should be denied.

I. PLAINTIFF'S FACTUAL ALLEGATIONS

In September 2002, Billops was arrested for breaking into a home and stealing a video game system. Pursuant to a plea agreement, Billops pled guilty and was sentenced to two years imprisonment. In January 2003, Billops began serving his sentence in TDCJ's Clemons Unit in Brazoria, Texas ("Clemons Unit"). Medical records indicate Billops stood 6' 2" and weighed 190 pounds when admitted to the Clemons Unit. Second Amended Complaint, ¶¶ 14-17.

During Billops' incarceration, UTMB was responsible for providing medical services to the inmates housed in the Clemons Unit. The Doctor Defendants were the supervising physicians at the Clemons Unit with the ultimate responsibility to oversee inmate healthcare. The Doctor Defendants supervised the Nurse/P.A. Defendants. P.A. LaStrapes and P.A. Sandoval are physician's assistants under the Doctor Defendants' supervision. Id., ¶¶ 16, 36-37.

On March 7, 2003, Billops saw Nurse Vance. Billops complained of a sore throat and a runny nose. Nurse Vance's records indicate Billops had sinus problems, for which she recommended an over-the-counter antihistamine. Id., ¶ 18.

On April 2, 2003, Billops saw Nurse Skutka regarding his sinus congestion. Billops' weight had dropped to 172 pounds. Nurse Skutka did not refer Billops to a physician's assistant or a physician. Nurse Skutka recommended another over-the-counter antihistamine. Id., ¶ 19.

On April 7, 2003, Billops submitted a sick request form indicating he had a headache and blood present in his nasal discharge. P.A. Sandoval reviewed this form. P.A. Sandoval declined to refer Billops to a physician nor did she order any lab tests. P.A. Sandoval prescribed Drixoral, an over-the-counter cold medication. Id., ¶ 20.

On April 9, 2003, Billops submitted a second sick request form complaining of a toothache, an ear ache, and that his nose was congested with blood and mucus. Ms. Salinas reviewed this request. Ms. Salinas' notes indicate Billops was seen on April, 10, 2003, but Billops' medical records do not reflect this visit. Id., ¶ 21.

Nurse Skutka saw Billops again on April 11, 2003. Billops' weight had dropped to 160 pounds and he was running a fever. Nurse Skutka's examination revealed the following: cold symptoms, ear pain, headaches, nasal congestion, nasal discharge, tearing, dried blood in the ear canals of both ears, reddened ear canals, bloody nasal discharge, and difficulty swallowing. Nurse Stutka phoned P.A. LaStrapes. P.A. LaStrapes prescribed Bactrim for 15 days and Acetasol ear drops, but no physician's assistant or physician saw Billops or ordered any tests. Id., ¶ 22.

Shortly thereafter, Billops was placed in solitary confinement for disciplinary reasons. Nurse Vance performed a pre-segregation evaluation on April 16, 2003. Despite P.A. LaStrapes' April 11, 2003 orders, Nurse Vance's notes do not refer to any prescriptions or Billops' medical problems. Id., ¶ 23. Nurse Vela's notes indicate Billops was admitted to solitary confinement on April 24, 2003 without any prescription medication. By April 25, 2003, Billops condition deteriorated — his weight had dropped to 149 pounds. On that date, Billops was taken to the medical department because he was too weak to shower. Nurse Vela saw Billops again and referred him to the mental health department. Billops did not see a physician's assistant or a physician. P.A. Sandoval reviewed Billops' chart. P.A. Sandoval ordered lab work but never actually examined Billops nor did she prescribe any medication or contact her supervising physician. Id., ¶¶ 23-24.

On April 29, 2003, Billops again visited the medical department and saw Nurse Davis. He weighed 138 pounds. Nurse Davis spoke with a P.A. Sandoval. P.A. Sabdoval ordered lab tests. Billops was sent to his cell. Prison security then contacted Nurse Skutka about Billops' condition. Nurse Skutka consulted with P.A Sandoval. P.A. Sandoval simply repeated her earlier lab work orders. Id., ¶ 25.

On April 30, 2003, Billops was escorted to the medical department for lab work. Billops was unable to stand. An ambulance transported Billops to UTMB's emergency room. Billops died later that day. An autopsy indicated Billops died from an intracerebral abscess caused by bacterial sinusitis. Id., ¶¶ 26-27.

II. STANDARDS FOR RULE 12(c) MOTION TO DISMISS

Rule 12(c) provides that "[a]fter the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings." FED. R. CIV. P. 12(c). "A motion brought pursuant to Rule 12(c) is designed to dispose of cases where the material facts are not in dispute and a judgment on the merits can be rendered by looking to the substance of the pleadings and any judicially noticed facts." Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 312 (5th Cir.2002) (citing Hebert Abstract Co. v. Touchstone Props., Ltd., 914 F.2d 74, 76 (5th Cir.1990)). "[T]he central issue is whether, in the light most favorable to the plaintiff, the complaint states a valid claim for relief." Id. (citing Hughes v. Tobacco Inst., Inc., 278 F.3d 417, 420 (5th Cir.2001)). The Fifth Circuit applies the same standard for a motion to dismiss under Rule 12(c) as it does for a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Great Plains Trust, 313 F.3d at 313 n. 8; Jones v. Greninger, 188 F.3d 322, 324 (5th Cir.1999).

A district court may not dismiss a complaint under Rule 12(b)(6) unless "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Manguno v. Prudential Prop. and Casualty Ins. Co., 276 F.3d 720, 725 (5th Cir.2002) (citing Lowrey v. Texas A & M Univ. Sys., 117 F.3d 242, 247 (5th Cir.1997)). Thus, the Court must determine whether the complaint states any valid claim for relief in the light most favorable to the plaintiff and with every doubt resolved in the plaintiff's behalf. Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir.2000). The complaint must be liberally construed in favor of the plaintiff, and all facts pleaded in the complaint must be taken as true. Manguno, 276 F.3d at 725. However, the plaintiff must plead specific facts, not mere conclusory allegations or unwarranted deductions of fact, in order to avoid dismissal for failure to state a claim. Collins, 224 F.3d at 498. In sum, "[a] Rule 12(b)(6) motion should be granted only if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. On the other hand, [] conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent dismissal under Rule 12(b)(6)." ABC Arbitrage Plaintiffs Group v. Tchuruk, 291 F.3d 336, 348 (5th Cir.2002) (footnote omitted).

III. DISCUSSION

Plaintiff asserts causes of action against Defendants under § 1983 for violations of civil rights guaranteed to Billops by the Eighth and Fourteenth Amendments to the United States Constitution. "Section 1983 creates a private right of action for redressing the violation of federal law by those acting under color of state law. It is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere." Colson v. Grohman, 174 F.3d 498, 504 n. 2 (5th Cir.1999) (internal citations omitted)." `Thus, an underlying constitutional or statutory violation is a predicate to liability under § 1983.'" Harrington v. Harris, 118 F.3d 359, 365 (5th Cir.1997) (quoting Johnston v. Harris County Flood Control Dist., 869 F.2d 1565, 1573 (5th Cir.1989)).

The Eighth Amendment, made applicable to the states by the Due Process Clause of the Fourteenth Amendment, proscribes cruel and unusual punishment. Victoria W. v. Larpenter, 369 F.3d 475, 483 (5th Cir.2004). It is well-settled that prison officials inflict cruel and unusual punishment if they are deliberately indifferent to an inmate's serious medical needs. Id. (citing Estelle v. Gamble, 429 U.S. 97, 103-04, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)). "For an official to act with deliberate indifference, `the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.'" Smith v. Brenoettsy, 158 F.3d 908, 912 (5th Cir.1998) (quoting Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994)).

Plaintiff contends the Doctor Defendants are liable under § 1983 because, by failing to supervise their medical staff (a duty imposed by state law), the Doctor Defendants were deliberately indifferent to Billops' serious medical condition. The Doctor Defendants move to...