Colon v. Ramirez

• Decision Date: 24 January 1996
• Docket Number: Civil No. 93-1282(JP).
• Citation: 913 F. Supp. 112
• Parties: Leila Frances COLON and Juan Enrique Rodriguez, on behalf of their minor son Eric Rodriguez Frances, Plaintiff, v. Dr. Efrain RAMIREZ, Dr. Jose R. Alvarado, San Juan Municipal Hospital, Municipality of San Juan and John Doe, Defendants.
• Court: U.S. District Court — District of Puerto Rico

913 F. Supp. 112

Leila Frances COLON and Juan Enrique Rodriguez, on behalf of their minor son Eric Rodriguez Frances, Plaintiff, v. Dr. Efrain RAMIREZ, Dr. Jose R. Alvarado, San Juan Municipal Hospital, Municipality of San Juan and John Doe, Defendants.

Civil No. 93-1282(JP).

United States District Court, D. Puerto Rico.

January 24, 1996.

COPYRIGHT MATERIAL OMITTED

David Efrón, Río Piedras, P.R., for Plaintiff.

José A. Rey Díaz, Santurce, P.R., Pedro J. Pérez Nieves, Río Piedras, P.R., for Defendants.

OPINION AND ORDER

PIERAS, District Judge.

The Court has before it the Motion for Summary Judgment filed by defendants San Juan Municipal Hospital and Drs. Efraín Ramírez Torres and José Alvarado (docket No. 38), plaintiff's Opposition (docket No. 40), defendants' Reply to Plaintiff's Opposition (docket No. 46) and plaintiff's Surreply (docket No. 47). For the reasons set forth below, defendants' Motion for Summary Judgment is hereby GRANTED.

I. INTRODUCTION

Plaintiff is a minor who is alleged to be a citizen of Florida. Defendants are the Municipality of San Juan, a hospital owned and administered by the Municipality, and two doctors employed by the hospital. Plaintiff's Complaint alleges that on March 3, 1975, acting with "reckless disregard" and "deliberate indifference" for the rights of the plaintiff and his mother, one of the defendant doctors (i) induced labor in order to deliver a half dozen babies, including plaintiff, "en masse" and (ii) delivered plaintiff using Simpson forceps. According to plaintiff, the doctors ignored pleas from plaintiff's mother that her baby was to be delivered by caesarean section and did not conduct tests that would have shown that she was incapable of giving birth vaginally. The Complaint states that plaintiff suffered an array of injuries due to defendants' "grossly negligent acts and omissions," including spastic quadriplegia with athetosis, cerebral palsy and psychomotor retardation.

Plaintiff alleges that this Court has jurisdiction pursuant to 28 U.S.C. § 1343 for deprivation of civil rights protected under 42 U.S.C. § 1983 and pursuant to 28 U.S.C. § 1332 (diversity of citizenship) for negligence. In their motion requesting summary judgment, defendants assert that plaintiff has failed to state a cause of action under Section 1983. Alternately, defendants argue that even if plaintiff has stated a cause of action under Section 1983, defendants are immune since the constitutional right at issue was not clearly established in 1975. Defendants further assert that plaintiff's negligence cause of action against the defendant doctors is barred by an absolute immunity established under Puerto Rico law and that his negligence action against the Municipality is barred by his failure to notify the Municipality within ninety days of learning of his damages, as required by local law.

II. UNCONTESTED FACTS

The parties do not controvert the following facts. See Initial Scheduling Conference Order (docket No. 34), defendants' Motion for Summary Judgment, Statement of Uncontested Facts (docket No. 38), plaintiff's Opposition, Statement of Contested Facts (docket No. 40).

1. Mrs. Leila Frances Colón was 27 years old at the time she gave birth to Eric Rodríguez Frances.

2. Mrs. Frances Colón went to the San Juan Municipal Hospital, which is owned and operated by the Municipality of San Juan, on March 3, 1975, in order to give birth to minor plaintiff.

3. On March 3, 1975, Dr. Efraín Ramírez was an employee of the San Juan Municipal Hospital and of the Municipality of San Juan and occupied the position of Resident Doctor.

4. On March 3, 1975, Dr. José Alvarado was an employee of the San Juan Municipal Hospital and of the Municipality of San Juan and occupied the position of Attending Physician.

5. On March 3, 1975, Dr. Alvarado was working in the emergency room of the San Juan Municipal Hospital.

6. Dr. Alvarado admitted Mrs. Leila Frances Colón to the San Juan Municipal Hospital on March 3, 1975, at 8:30 a.m. Dr. Alvarado delivered the plaintiff later that same day.¹

7. Dr. Alvarado did not perform a caesarean section on Mrs. Frances Colón; the baby was delivered vaginally.

8. Plaintiff was born on March 3, 1975, and the parents are Mrs. Leila Frances Colón and Mr. Juan Enrique Rodríguez.

9. The medical records reflect that the plaintiff was born in "poor" condition.

10. Eleven days after birth, plaintiff's medical records reflect that he had suffered severe perinatal asphyxia.

11. Neither plaintiff nor his parents sent any written notification of a claim to the Municipality of San Juan within ninety days following March 3, 1975.

III. SUMMARY JUDGMENT STANDARD

Rule 56(c) of the Federal Rules of Civil Procedure provides for the entry of summary judgment in a case where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); Pagano v. Frank, 983 F.2d 343, 347 (1st Cir.1993); Lipsett v. University of Puerto Rico, 864 F.2d 881, 894 (1st Cir.1988).

Summary judgment is appropriate where, after drawing all reasonable inferences in favor of the party against whom summary judgment is sought, there is not the slightest doubt as to whether a genuine issue of material fact exists. Kennedy v. Josephthal & Co., Inc., 814 F.2d 798, 804 (1st Cir.1987). A "genuine" issue is one that is dispositive, and which consequently must be decided at trial. Mack v. Great Atlantic and Pacific Tea Co., Inc., 871 F.2d 179, 181 (1st Cir.1989); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986). A material fact, which is defined by the substantive law, is one which affects the outcome of the suit and which must be resolved before attending to related legal issues. Mack, 871 F.2d at 181.

The party filing a motion for summary judgment bears the initial burden of proof to show "that there is an absence of evidence to support the non-moving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). Thereafter, the burden shifts to the non-movant to provide the Court, through the filing of supporting affidavits or otherwise, with "some indication that he can produce the quantum of evidence necessary to enable him to reach the jury with his claim." Hahn v. Sargent, 523 F.2d 461, 468 (1st Cir.1975), cert. denied, 425 U.S. 904, 96 S.Ct. 1495, 47 L.Ed.2d 754 (1976). The non-movant cannot rest upon mere allegations or denial of the pleadings. Fed.R.Civ.P. 56(e). Indeed, the non-movant must affirmatively show that "sufficient evidence supporting the claimed factual dispute exists to require a jury or judge to resolve the parties' differing versions of truth at trial." First Nat. Bank of Ariz. v. Cities Service Co., 391 U.S. 253, 288-89, 88 S.Ct. 1575, 1593, 20 L.Ed.2d 569 (1968), reh'g denied, 393 U.S. 901, 89 S.Ct. 63, 21 L.Ed.2d 188 (1968).

IV. CAUSE OF ACTION UNDER SECTION 1983

Defendants allege that there is no cognizable cause of action under 42 U.S.C. § 1983 for several reasons. Their first argument is that plaintiff was not a "person" or "citizen" entitled to constitutional protection at the time of the alleged constitutional deprivation because he was still in utero. Defendants also assert that there is no general constitutional right to adequate medical treatment and/or bodily integrity and that the cases cited by plaintiff only recognize such rights in limited circumstances not present in this case. Further, defendants allege that even assuming plaintiff has identified a cognizable constitutional right, that right was not clearly established in 1975 and they did not act with the degree of culpability required by Section 1983. Finally, defendants cite Monell v. Department of Social Services of City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), for the proposition that the Municipality of San Juan cannot be held liable for the doctors' actions because the alleged constitutional violations were not committed pursuant to official policy.

Plaintiff counters that defendants violated his fundamental right under the Fourteenth Amendment to bodily integrity and that such right was clearly established in 1975. Alternately, plaintiff cites Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 L.Ed. 183 (1952), for the proposition that he need not identify a specific liberty or property interest protected by the due process clause because the state's conduct in this case "shocks the conscience." While acknowledging that simple negligence is inadequate to state a claim under Section 1983, plaintiff alleges that defendants acted in this case with "recklessness," or "callous indifference," and that such states of mind are sufficient to state a claim under Section 1983. As to the Municipality's liability, plaintiff claims that the doctors established municipal policy with respect to the decision whether to deliver plaintiff vaginally or by caesarean section, thereby rendering the Municipality liable.

Plaintiff has failed to state a cause of action under 42 U.S.C. § 1983. The two essential elements of a Section 1983 claim are: 1) conduct committed by a person acting under color of state law; and 2) deprivation of rights, privileges or immunities secured by the Constitution and laws of the United States. 42 U.S.C. § 1983. It is with respect to the latter of these two elements that plaintiff's claim fails. Plaintiff's due process claim is substantive, not procedural. The Supreme Court has enunciated two alternative theories whereby a plaintiff may prove violation of his right to substantive due process. Pittsley v. Warish, 927 F.2d 3, 6 (1st Cir. 1991); cert. denied, 502 U.S. 879, 112 S.Ct. 226, 116 L.Ed.2d 183 (1991). First, the plaintiff may demonstrate violation of an identified...