Farmer v. Carlson
Decision Date | 29 February 1988 |
Docket Number | Civ. No. 87-0215. |
Citation | 685 F. Supp. 1335 |
Parties | Douglas C. FARMER v. Norman CARLSON, et al. |
Court | U.S. District Court — Middle District of Pennsylvania |
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Douglas Farmer, Oxford, Wis., for plaintiff.
Timothy B. Haney, Asst. U.S. Atty., Harrisburg, Pa., for defendants.
Currently before the court is defendants' motion for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons that follow, the court will grant defendants' motion and dismiss this case.
Plaintiff was an inmate at U.S.P.—Lewisburg, PA from November 7, 1986 until March 17, 1987 when he was transferred to F.C.I.—Petersburg, VA. A twenty-one (21) year old diagnosed transsexual, plaintiff spent his entire stay in Lewisburg in administrative detention. Plaintiff filed the instant civil rights action2 on February 11, 1987. See document 1 of record. In his amended complaint, see document 21 of record, plaintiff names the following individuals as defendants: Norman A. Carlson, Administrator of the Bureau of Prisons (BOP); David R. Essig, Regional Director of the Northeast Region of the BOP; C.R. Edwards and J.J. Clark, Wardens at U.S.P. —Lewisburg and F.C.I.—Petersburg, respectively; and four John Doe defendants, correctional staff and employees at the two prisons. See document 21 of record, Amended Complaint, paras. 4-8.
As stated previously, plaintiff arrived at U.S.P.—Lewisburg on November 7, 1986. From the medical records submitted by the parties, it appears that plaintiff suffers from dysthymic disorder and transsexualism. See documents 25 of record, Attachments, Medical Summary; 44 of record, Exhibits A-10, A-13. Plaintiff's Lewisburg Medical Summary, for example, reads as follows:
See document 25 of record, Attachments, Medical Summary.
In the instant civil rights action, plaintiff asserts various claims regarding his four and one-half month stay in administrative segregation at Lewisburg. Plaintiff claims that: (1) defendants denied him the assistance of a "jailhouse lawyer" while he was in administrative segregation, thereby denying him his sixth amendment right of access to the courts; (2) defendants were deliberately indifferent to plaintiff's serious medical condition in that they did not afford him psychiatric treatment and refused to continue his estrogen treatment; and (3) he was subjected to cruel and unusual punishment, and his rights to due process and equal protection were violated, as a result of his placement in administrative segregation. These claims will be discussed in seriatim. Preliminarily, however, the court must address defendants' claim that venue is improper in this district as to any act or omission that occurred at F.C.I.—Petersburg, and that the complaint fails to allege that any of defendants Carlson, Essig, Edwards, and Clark personally participated or acquiesced in any alleged constitutional violation.
Respondeat Superior and Venue.
Paton v. LaPrade, 524 F.2d 862, 871 (3d Cir.1975); Rende v. Rizzo, 418 F.Supp. 96, 98 (E.D.Pa.1976). One such collateral issue involves the doctrine of respondeat superior.
The Third Circuit has rejected the theory of respondeat superior in actions under section 1983. Hampton v. Holmesburg Prison Officials, 546 F.2d 1077, 1082 (3d Cir.1976); Dyson v. Kocik, 564 F.Supp. 109, 120 (M.D.Pa.1983) (Rambo, J.), aff'd, 740 F.2d 956 (3d Cir.1984). Instead, there must be acquiescence or participation in the violation before liability attaches under section 1983. Rizzo v. Goode, 423 U.S. 362, 377, 96 S.Ct. 598, 607, 46 L.Ed.2d 561 (1976). The same standard applies in a Bivens action involving a federal prisoner. Rende v. Rizzo, supra.
See document 44 of record. These facts are sufficient to satisfy the personal involvement requirement. See Dyson v. Kocik, 564 F.Supp. at 120 ( ).
As to venue regarding any act or omission that occurred at F.C.I.—Petersburg, VA, it is clearly improper in this district. When jurisdiction is not founded solely on diversity, venue is proper only in the district where all defendants reside, or in which the claim arose. See 28 U.S.C. section 1391(b). Here, all the defendants do not reside in this district, and any claims regarding plaintiff's incarceration at F.C.I. —Petersburg arose in Virginia.3 Thus, venue is improper in this district with respect to the claims or the defendants related to F.C.I.—Petersburg.4
Turning to plaintiff's substantive claims regarding his incarceration at U.S.P.—Lewisburg, the court finds them to be meritless. Summary judgment will therefore be granted in favor of defendants.
When examining a motion for summary judgment, the court must view all facts in the light most favorable to the party opposing the motion. Betz Laboratories, Inc. v. Hines, 647 F.2d 402, 404 (3d Cir.1981). If there exists a genuine issue as to any material fact, summary judgment must be denied. Fed.R.Civ.P. 56(c). A fact is material if it might affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). "Factual disputes that are irrelevant or unnecessary will not be counted." Id. (citing 10A C. Wright, A. Miller, & M. Kane, Federal Practice & Procedure section 2725, at pp. 93-95 (1983). In addition, summary judgment will not lie if the dispute about a material fact is "genuine," that is, "if evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. In opposing a motion for summary judgment, a party must present evidentiary affidavits or risk having the undisputed statements contained in the movant's affidavits taken as true." See Fed.R.Civ.P. 56(c); see also Sierra v. Lehigh County Pennsylvania, 617 F.Supp. 427, 429 (E.D. Pa.1985).
In order to state a cognizable claim for improper medical care, Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292, 50 L.Ed.2d 251 (1976). This standard thus requires both deliberate indifference on the part of prison officials and that the medical needs be serious. West v. Keve, 571 F.2d 158, 161 (3d Cir.1978). A "serious" medical need may fairly be regarded as one that is so obvious that a lay person would easily recognize the necessity for a doctor's attention. Pace v. Fauver, 479 F.Supp. 456, 458 (D.N. J.1979), aff'd, 649 F.2d 860 (3d Cir.1981); Laaman v. Helgemoe, 437 F.Supp. 269, 311 (D.N.H.1977).
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