Flores v. United States
| Decision Date | 20 August 2012 |
| Docket Number | No. 11–2222.,11–2222. |
| Citation | 689 F.3d 894 |
| Parties | Patricio FLORES; Jose Encalada, as Co–Trustees and Personal Representatives for the next-of-kin of Maria Iñamagua Merchan, Plaintiffs–Appellants v. UNITED STATES of America; U.S. Department of Homeland Security, Immigrations and Customs Enforcement (“ICE”); Scott Baniecke, individually and in his official capacity as Field Officer, ICE; Unknown Number of Unnamed and Unknown Agents of ICE; County of Ramsey, Minnesota; Robert Fletcher, individually and in his official capacity as Sheriff of Ramsey County; Ramsey County Adult Detention Center; Ramsey County Sheriff's Department; Ramsey County Department of Health; Robert W. Fulton, Director of Ramsey County Department of Health; “XYZ” Family Practice Clinic, Ramsey County Adult Detention “Family Practice Clinic” and Unidentified Medical Clinics I–V; Drs. John or Jane Does I–V, Unidentified Jail or Contract Medical Doctors; Robert Moxley–Goldsmith, individually and in his capacity as Head Nurse; R.N. Erika Thompson, individually and in her capacity as Jail Nurse; Chris Strand, individually and in her capacity as Jail Nurse; Kelli LNU, Unidentified Jail Nurse; John or Jane Roe, Unidentified Jail Nurses I–V; Mary Roby, individually and in her capacity as Ramsey County Housing Sergeant; Jill Jones, individually and in her capacity as Ramsey County Corrections Officer; T. Bennet, individually and in his capacity as Ramsey County Corrections Officer; Cheryl Caumiant, individually and in her capacity as Ramsey County Corrections Officer; John or Jane Poes I–V, Defendants–Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
OPINION TEXT STARTS HERE
Christopher Robert Walsh, argued and on the brief, Minneapolis, MN, for appellants.
Lonnie Frank Bryan, AUSA, argued and on the brief, Minneapolis, MN, for appellees Scott Baniecke, U.S. Department of Homeland Security, United States of America, and Unknown Number of Unnamed and Unknown Agents of ICE.
Carl David Dietz, argued, St. Paul, MN, John J. Choi, on the brief, for appellees Robert Fletcher, Ramsey County Sheriff's Department, Ramsey County Adult Detention Center, County of Ramsey, Minnesota, Ramsey County Department of Health, Robert W. Fulton, Robert Moxley–Goldsmith, Erika Thompson, Chris Strand, Kelli LNU, John or Jane Roe, Mary Roby, Jill Jones, T. Bennet, Cheryl Caumiant, and John or Jane Poes I–V.
Melissa Dosick Riethof, argued, Barbara A. Zurek, on the brief, Minneapolis, MN, for appellees“XYZ” Family Practice Clinic and Drs. John or Jane Does I–V.
Before WOLLMAN, BEAM, and LOKEN, Circuit Judges.
Maria Iñamagua Merchan, an Ecuadorean woman, died on April 12, 2006, while in custody awaiting deportation. Her husband, Patricio Flores, and her uncle, Jose Encalada, (plaintiffs) filed suit against several defendants, alleging state law tort claims and violations of Iñamagua's federal constitutional rights. Following lengthy, complicated pretrial proceedings, the district court 1 dismissed the case and entered final judgment against plaintiffs.
Plaintiffs appeal from the adverse judgment, arguing that the district court erred in dismissing their medical malpractice claim for failure to timely comply with certain filing requirements and in dismissing their Federal Tort Claims Act (FTCA) claim for lack of jurisdiction. Plaintiffs further argue that they set forth sufficient evidence to survive summary judgment on their claims of constitutional violations. We affirm.2
Iñamagua was arrested in Minneapolis, Minnesota, as a deportable alien on February 24, 2006. An Immigration and Customs Enforcement (ICE) agent questioned Iñamagua in Spanish, her only language, and asked if she had any health concerns or medications. She did not indicate any. Pursuant to an intergovernmental agreement, Iñamagua was transferred to Ramsey County Adult Detention Center (Detention Center) to await removal proceedings. Although ICE standards require a physical examination within fourteen days of a detainee's arrival at a facility, Iñamagua was not examined.
On March 5, 2006, Iñamagua submitted an Inmate Medical Request Slip, which stated that she “want[ed] to see the Doctor because I have migrane [sic] headaches and Tylenol or Asprin [sic] don't do anything for me.” According to the doctor's progress notes, Iñamagua was seen by a doctor the next day. The doctor, later identified as Dr. Greg Salmi, diagnosed Iñamagua as suffering from muscle contractions and prescribed a pain reliever and muscle relaxant. Iñamagua later submitted another slip, which indicated that she had a rash and that the lotion she had been given did not help. On March 23, Nurse Chris Strand evaluated Iñamagua's lower extremities and diagnosed it as a rash “secondary to pant uniform rubbing on skin.” Strand advised Iñamagua to wear long underwear or wash her pants in Dreft soap. She also prescribed Benadryl and hydrocortisone cream. Progress notes indicate that on March 31, 2006, Iñamagua complained again of the rash, which was now on her arms and lower extremities. Nurse Erika Thompson prescribed Benadryl and ibuprofen.
Iñamagua fell from the top bunk bed in her cell on April 3, 2006. At 2:30 p.m., Iñamagua's roommate called Correctional Officer Cheryl Caumiant to the cell. When Caumiant arrived, Iñamagua was holding her head between her hands, crying. According to Caumiant's report, “Iñamagua Merchan had complained of a bad headache all day and had retired to her cell early to lay down.” Caumiant inspected Iñamagua's head and discovered a “small lump on the back of it, no cuts or bleeding.” Caumiant gave Iñamagua an ice pack and a cold washcloth. Thereafter, Caumiant called the nurse and explained what happened. According to Nurse Thompson's April 3, 2006, progress notes, at 4:00 p.m.,
Inmate came to the window during med rounds crying hysterically. Per interpreter inmate fell off top bunk and hit back of head at 1430. Inmate presents ... 1/2 golf ball sized lump on back of head. 0 O/As. Inmate [complained of] nausea. Denies vomiting. [Complained of headache] and dizzyness [sic]. At 0x3. Inmate however confused when returning to cell (walked the wrong way down the hall). Hand grasps equal, strong. Pupils PERRLA. Ibuprofen + ice pack given. Memo sent to pod to awaken inmate Q2 º for 24 º and if appears confused or is unable to easily arouse to call nurse or send to Regions.
Thompson's notes indicate that at 7:30 p.m. that evening, she again saw Iñamagua in her pod. Iñamagua was unable to walk to Thompson. Iñamagua's complexion was pale and she had purple coloration under her eyes. She was not responsive to commands, her hand grasps were not equal, and she had been vomiting. Nurse Mary Logan (identified as Nurse Kelly) also assessed Iñamagua's condition and checked her vital signs. Following their evaluation, Iñamagua was sent to the emergency room at Regions Hospital (Regions). The progress notes indicate that at 9:00 p.m., Regions reported that a CT scan showed “something” and that Regions planned to intubate Iñamagua and complete another CT scan. Regions further reported that Iñamagua was not responsive to voice commands. Iñamagua remained hospitalized and died on April 12, 2006, from neurocysticercosis, a tapeworm infestation that causes cysts in the brain and central nervous system.
Two days before Iñamagua's death, plaintiffs' attorney Christopher Walsh requested records from Ramsey County relating to Iñamagua's detention. Walsh reiterated his request on August 25, 2006. That same day, a Ramsey County claims administrator responded by forwarding copies of several documents, including the nurses' progress notes detailed above. On April 2, 2007, Walsh sent a third letter, notifying the claims administrator of “Mr. Flores' legal claims for damages regarding the wrongful death of his wife.” Walsh sent no further letters until April 6, 2009, when he wrote to the claims administrator and listed certain documents that Ramsey County had failed to produce. Six additional pages of medical records were provided to Walsh on May 4, 2009.
On April 21, 2008, the Department of Homeland Security (DHS) received an administrative tort claim from plaintiffs. On October 9, 2008, the DHS denied the claim as untimely and sent notification to plaintiffs' attorney.
On April 10, 2009, plaintiffs filed suit in federal district court, alleging six counts against a number of defendants.3 Relevant to this appeal are plaintiffs' state-law claim for medical malpractice and their federal causes of action under the FTCA, 42 U.S.C. § 1983, and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Plaintiffs' medical malpractice claim was dismissed for failure to timely file certain expert affidavits that are required under Minnesota law. The FTCA claim was dismissed because plaintiffs failed to file their administrative claim within two years after the claim had accrued, thus depriving the district court of jurisdiction to hear the dispute. The district court held that the individual Federal defendants were entitled to qualified immunity on the Bivens and § 1983 claims and dismissed the § 1983 claim against the remaining defendants because they were acting under federal, not state law. Following early dispositive motions, the Federal defendants and a number of the Ramsey County defendants were dismissed from the suit.4
The APS defendants and the remaining Ramsey County defendants later moved for summary judgment on the Bivens claim. With respect to the APS defendants, the magistrate judge determined that the Bivens action should be dismissed because such actions do not extend to private actors like Dr. Salmi and Advance Practice Solutions when adequate state tort remedies are available. Even if the Bivens action could be maintained, the magistrate judge found that plaintiffs “produced no...
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