Carter v. U.S. Dep't of Def.
| Decision Date | 28 February 2017 |
| Docket Number | No. CIV 16-0786 JB/SMV,CIV 16-0786 JB/SMV |
| Parties | TERRY LOUIS CARTER, Plaintiff, v. UNITED STATES DEPARTMENT OF DEFENSE; UNITED STATES DEPARTMENT OF THE AIR FORCE; and MIKE O'CALLAGHAN FEDERAL MEDICAL CENTER, USAF 99TH MEDICAL GROUP. Defendants. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on the Plaintiff's Complaint for Declaratory and Injunctive Relief; and for Damages under the U.S. Privacy Act, filed July 6, 2016 (Doc. 1)("Complaint"); and (ii) the Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form), filed July 6, 2016 (Doc. 2)("Application"). Plaintiff Terry Louis Carter appears pro se. The primary issues are (i) whether Carter may proceed in forma pauperis; and (ii) whether the statute of limitations in the Privacy Act, 5 U.S.C. § 552a(g)(5), bars the counts that Carter asserts in the Complaint. The Court concludes that, although Carter may proceed in forma pauperis, the Privacy Act's statute of limitations bars the counts which the Complaint brings. Accordingly, the Court will: (i) grant Carter's Application and (ii) dismiss Carter's Complaint without prejudice.
The Court takes its facts from the Complaint. See Complaint ¶¶ 1-33, at 1-17. On September 5, 2013, Carter injured his left knee while working for a private employer. See Complaint ¶ 9, at 4-5. On April 30, 2014, Carter visited the Mike O'Callaghan Federal Medical Center ("MOFMC").1 See Complaint ¶ 9, at 4. Bradley G. McLaughlin, a physicians' assistant at MOGMC, examined Carter. See Complaint at 5. Carter told McLaughlin about his injured knee and the circumstances in which it was injured. See Complaint ¶ 10, at 5. On May 12, 2014, Carter returned to MOFMC for a follow-up examination and further treatment for his knee. See Complaint ¶ 11, at 5. At the May 12, 2014, visit, MOFMC personnel made additions to Carter's medical records. See Complaint ¶ 12, at 5.
On June 30, 2014, Carter returned to MOFMC, and again McLaughlin treated Carter. See Complaint ¶ 13, at 5. On that day, Carter discovered that McLaughlin had entered an allegedly false medical history into Carter's medical records on April 30, 2014. See Complaint ¶ 13, at 5. At the June 30, 2014, visit, Carter told McLaughlin that the records of Carter's medical history required correction, but McLaughlin did not respond. See Complaint ¶ 13, at 5-6. On August 14, 2014, Carter again visited MOFMC for treatment, and McLaughlin treated him. See Complaint ¶ 14, at 6. At that examination, McLaughlin did not mention Carter's June 30, 2014, request that McLaughlin or another person correct his medical records. See Complaint ¶ 14, at 6.
On August 15, 2014, Carter "formally sought" MOFMC to amend his medical records. See Complaint ¶ 15, at 6. Specifically, Carter objected to the following excerpts that McLaughlin entered into his medical records on April 30, 2014: Complaint ¶ 15, at 6 (alteration added)(emphasis in Complaint)(internal quotation marks omitted). Carter did not receive a response from MOFMC regarding his request that MOFMC amend his medical records. See Complaint ¶ 16, at 6.
Carter filed a verified complaint on July 6, 2016. See Complaint at 1, 17. In the Complaint, Carter alleges three counts. See Complaint ¶¶ 16-33, at 4-17. First, Carter alleges that the Defendants violated his rights under the Privacy Act by failing to act upon his request that the Defendants amend his medical records to remove false medical information. See Complaint ¶ 8, at 4 (citing 5 U.S.C. § 552a(d)(2)-(3)). Carter alleges that the Defendants failed to provide the "Privacy Act Statement" that 5 U.S.C. § 552a(e)(3) requires. See Complaint ¶ 16, at 6. Carter further alleges that the Defendants lacked a basis to believe that the medical records which McLaughlin made on April 30, 2014, were accurate, because the Defendants had access to records that document decades of his medical history. See Complaint ¶ 17, at 7. Carter additionally states that the Defendants "have routinely compiled false medical information over the years to interfere with Plaintiff's rights to work related compensation benefits." Complaint ¶ 18, at 7.
Second, Carter alleges that the Defendants violated his Privacy Act right "by failing or refusing to maintain Plaintiff's medical records with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to insure fairness to Plaintiff in making any determination about him." Complaint ¶ 19, at 7 (citing 5 U.S.C. § 552a(e)(5)). Carter furtheralleges that the Defendants' recording of false medical history was "either a deliberate misrepresentation manifested from an inimical design to unconsciously interfere with Plaintiff's right to proper medical treatment, and/or to prevent Plaintiff from substantially establishing a record of the continuing debilitation from Plaintiff's September 2013 work related injury." Complaint ¶ 21, at 8. Carter also states that, because he is a beneficiary of a retirement program for United States Armed Forces members, "the requested correction of said medical records was necessary to insure and maintain the integrity of said federal benefits program . . . ." Complaint ¶ 22, at 8. Further, Carter alleges that the Defendants knew that his medical records' inaccuracy has collateral adverse consequences for Carter's on-going workers' compensation claim. See Complaint ¶ 24, at 9. Carter also alleges that the Defendants' failure to amend his medical records was "the catalyst for denying Plaintiff access to diagnostic procedures that could have illuminated more objective findings central to any treatment plan appropriate to Plaintiff's deteriorating condition." Complaint ¶ 27, at 11.
Third, Carter states that the Defendants violated his Privacy Act rights "by failing or refusing to insure the integrity of Plaintiff's medical records . . . ." Complaint ¶ 29, at 12 (citing 5 U.S.C. § 552a(e)(10)). Carter also says that the Defendants failed or refused to protect Carter against any threats which could result in substantial harm or unfairness to him "based upon the information maintained in his medical records." Complaint ¶ 29, at 12. Carter asserts that the Commander of the 99th Medical Group was "made aware" of Carter's request to amend his medical records, but the "Commander undertook no substantial action in connection therewith . . . ." Complaint ¶ 31, at 12.
Carter requests equitable relief and damages. See Complaint at 15-17. He wants the Court to declare that the April 30, 2014, and May 12, 2014, medical reports that McLaughlinwrote be amended to reflect Complaint at 15 (alteration in Complaint). Carter also seeks damages and attorney's fees. See Complaint at 15-17.
In conjunction with his Complaint, Carter also filed an application to proceed without paying fees or costs. See Application at 1. Carter signed the Application, declaring that he is unable to pay the costs of these proceedings and provided the following information: (i) the income amount he expects to receive next month is $2,608.83 in disability, see Application at 2; (ii) his average monthly expenses are $3,418.81, see Application at 5; (iii) the value of his assets is $2,019.00, see Application at 3; (iv) his amount of cash is fifty-five cents, and he has $2.55 in his Wells Fargo checking and savings account, see Application at 2; (iv) he is unemployed, see Application at 2; (v) the United States Department of Veterans Affairs owes him $397,800.00; and (v) he is "homeless as a result of a tactical move by the U.S. Department of Veterans' Affairs to interfere with [Carter's] prosecution of claims against the agency . . . ," Application at 5 (alteration added). On November 8, 2016, Carter filed notices that summons were served on the Defendants on November 7, 2016. See Summons to 99th Medical Group, filed November 8, 2016 (Doc. 8); Summons to Secretary of the Air Force, filed November 8, 2016 (Doc. 9); Summons to Secretary of Defense, filed November 8, 2016 (Doc. 10).
On January 9, 2017, the Defendants answered the Complaint. See Defendants' Answer to Plaintiff's Complaint, filed January 9, 2017 (Doc. 12)("Answer"). The Defendants admitted that McLaughlin took Carter's medical history on April 30, 2014, and that Carter attended afollow-up appointment in connection with the treatment of his knee on May 12, 2014. See Answer at 2. The Defendants also admit that "entries were made in Plaintiff's medical record in connection with his April 30, 2014 appointment . . . ." Answer at 3. The Defendants also admit that they maintained Carter's medical records at MOFMC, including records concerning Carter's medical examinations. See Answer at 3. The Defendants further admit that Carter sent an August 15, 2014, letter to McLaughlin and to the Commander of the 99th Medical Group, but state that no response is required. See Answer at 3. The Defendants also admit that Carter is a retired United States Armed Forces member and is entitled to benefits that the law requires be given to retired members. See Answer at 4. The Defendants deny the balance of Carter's allegations. See Answer at 1-5.
The Defendants raise several "affirmative defenses." Answer at 5. The Defendants argue: (i) that the Complaint fails to state a claim upon which relief may be granted, see Answer at 5; (ii) that Carter's claims are barred, because Carter...
To continue reading
Request your trial