Martinez v. Guadalupe Cnty.

• Decision Date: 29 July 2016
• Docket Number: No. CIV 14-0992 JB/KK,CIV 14-0992 JB/KK
• Citation: 200 F.Supp.3d 1216
• Parties: Christopher MARTINEZ, Plaintiff, v. GUADALUPE COUNTY; The Geo Group, Inc.; Corizon, Inc.; Dr. Mark E. Walden; Katherine Armijo; John Doe, Inc. (unidentified flooring contractor); and John Does 1-6 (unidentified CEO Group employees or agents), Defendants.
• Court: U.S. District Court — District of New Mexico

200 F.Supp.3d 1216

Christopher MARTINEZ, Plaintiff,

v.GUADALUPE COUNTY; The Geo Group, Inc.; Corizon, Inc.; Dr. Mark E. Walden; Katherine Armijo; John Doe, Inc. (unidentified flooring contractor); and John Does 1-6 (unidentified CEO Group employees or agents), Defendants.

No. CIV 14-0992 JB/KK

United States District Court, D. New Mexico.

Filed July 29, 2016

Roger I. Smith, Stephen C. O'Brien, Revo/Smith Law Firm, LLC, Albuquerque, New Mexico, Attorneys for the PlaintiffPatrick D. Allen, Michael D. Russell, Yenson, Allen & Wosick, P.C., Albuquerque, New Mexico, Attorneys for Defendants Guadalupe County and the GEO Group, Inc.

Nicole M. Charlebois, Anthony David Griego, Chapman & Charlebois, P.C., Albuquerque, New Mexico, Attorneys for DefendantMark E. Walden

Norman F. Weiss, Simone, Roberts & Weiss, P.A., Albuquerque, New Mexico, Attorneys for DefendantsCorizon, Inc. and Katherine Armijo

MEMORANDUM OPINION AND AMENDED ORDER¹

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on: (i)DefendantDr. Mark E. Walden's Motion for Summary Judgment, filed April 2, 2015(Doc. 38)("Walden Motion");(ii)DefendantsGuadalupe County and GEO's Motion for Summary Judgment(Regarding Failure to File Tort Claim Notice and Failure to Exhaust Administrative Remedies) and Memorandum of Law in Support, filed April 6, 2015(Doc. 40)("MSJ 2"); and (iii) Defendant[s] Corizon & Katherine Armijo's Motion for Summary Judgment and Joinder & Adoption of DefendantMark E. Walden's Motion for Summary Judgment[Doc. #38] and DefendantMark E. Walden's Memoranda Brief in Support of Motion for Summary Judgment[Doc. #39] and Defendants Guadalupe County and GEO's Motion for Summary Judgment(Regarding Failure to File Tort Claim Notice and Failure to Exhaust Administrative Remedies) and Memorandum of Law in Support and Statement of Additional Authorities, filed April 6, 2015(Doc. 41)("MSJ 3").The Court held a hearing on June 23, 2015.The primary issues are: (i) whether PlaintiffChristopher Martinez was a "prisoner" as the Prison Litigation Reform Act, 42 U.S.C. § 1997(e)(a)( "PLRA") defines that word, thus requiring that he exhaust available administrative remedies before filing suit for claims under 42 U.S.C. § 1983; and (ii) whether Martinez exhausted the administrative remedies available to him with respect to his federal claims.The undisputed evidence shows that Martinez failed to exhaust the administrative remedies available to him with respect to the federal claims he asserts against DefendantsDr. Mark E. Walden, Corizon, Inc., and Katherine Armijo as the PLRA requires.It is undisputed that Martinez does not assert any federal claims against Defendants Guadalupe County and the GEO Group, Inc.Accordingly, the Court will grant in part the Walden Motion and the MSJ 3.The Court will grant in part summary judgment—on the federal claims that Martinez asserts against Walden, Corizon, Inc., and Armijo—and will leave it for the state court to decide whether Walden, Corizon, Inc., and Armijo are entitled to summary judgment on Martinez' state law claims.The Court will leave the MSJ 2 for the state court to decide.Because no federal claims remain before the Court and because Walden removed this case from state court, the Court remands Martinez' case and remaining state law claims to the Second Judicial District Court, County of Bernalillo, State of New Mexico.

FACTUAL BACKGROUND

"Plaintiff was an inmate of the New Mexico Corrections Department(‘NMCD’) and incarcerated at the [Guadalupe County Correctional Facility] at the time of the incident that forms the basis of this lawsuit."Defendant Dr. Mark E. Walden's Memorandum Brief in Support of Motion for Summary Judgment¶ 1, at 2, filedApril 2, 2015(Doc. 39)("MSJ 1")(setting forth this fact).²SeeMSJ 3 ¶ 1, at 2(setting forth a similar fact);³Plaintiff's Brief in Opposition to Defendants Corizon, Armijo and Walden's Motions for Summary Judgment on Failure to Exhaust Administrative Remedies and State Law Claims¶ 1, at 2, filedApril 23, 2015(Doc. 49)("MSJs 1 & 3 Response")⁴(not disputing the proposed facts in the MSJ 1 and the MSJ 3);MSJ 2 ¶ 1, at 4(setting forth a similar fact);⁵Plaintiff's Brief in Opposition to the GEO Defendants' Motion for Summary Judgment¶ 1, at 1, filedJune 5, 2015(Doc. 63)("MSJ 2 Response");First Amended Complaint for Personal Injury Arising from Negligence and the Deprivation of Civil Rights¶ 1, at 1, October 31, 2014(Doc. 1-1)("FAC")."On or about August 12, 2011, while incarcerated at GCCF, Plaintiff[sustained a bimalleolar fracture ⁶ of his ankle ] while playing handball."MSJ 1 ¶ 3, at 2(setting forth unmodified version of this fact).SeeMSJ 3 ¶ 4, at 2(setting forth a similar fact);⁷MSJs 1 & 3 Response¶ 3, at 2(not disputing the MSJ 1's proposed fact);id.¶ 4, at 3(not disputing the MSJ 3's proposed fact);⁸MSJ 2 ¶ 2, at 4(setting forth a similar fact);MSJ 2Response¶ 2, at 1(not disputing the MSJ 2's proposed fact);FAC ¶ 22-28, at 4.⁹"On August 12, 2011, Plaintiff was seen in the GCCF medical unit and treated by Dr. Walden shortly after sustaining an ankle injury."MSJ 1 ¶ 4, at 3(setting forth this fact).SeeMSJ 3 ¶ 5, at 3(setting forth a similar fact);¹⁰FAC ¶ 37, at 5;id.¶ 41, at 6.¹¹"Plaintiff[ ][said] that he wanted to be taken to the hospital for treatment of his broken leg, where there was an emergency room, x-rays, anesthetic, and a doctor he could have confidence in."MSJs 1 & 3 Response¶ 8, at 4(setting forth unmodified version of this fact).SeePlaintiff Christopher Martinez' Answers to Defendant the GEO Group, Inc.'s First Set of Interrogatoriesat 1-2, filedApril 23, 2015(Doc. 49-1)("Answers to GEO Interrogatories");id. at 5-6;Plaintiff Christopher Martinez' Responses to Defendant Dr. Mark E. Walden's First Set of Interrogatories and Requests for Production of Documentsat 7, filedApril 23, 2015(Doc. 49-2)("Answers to Walden Interrogatories").¹²"Plaintiff ... screamed at [Walden]‘Don't touch me’ and demanded that he be taken to the hospital."MSJs 1 & 3 Response¶ 9, at 4(setting forth unmodified version of this fact).SeeAnswers to GEO Interrogatoriesat 1-2;id. at 5-6;Answers to Walden Interrogatoriesat 7.¹³"Walden ignored Plaintiff's verbal efforts to resolve the issue, declaring that Plaintiff's injury wasn't too bad [and] ordering medical staff and correctional staff to ‘hold him down’ ...."MSJs 1 & 3 Response¶ 1, at 4(setting forth unmodified version of this fact).¹⁴

"The following morning Plaintiff spoke to the Warden, and Plaintiff's transport to the hospital was authorized, and he was taken to the hospital that morning."MSJs 1 & 3 Response¶ 11, at 4(setting forth unmodified version of this fact).SeeAnswers to GEO Interrogatoriesat 1-2;id. at 5-6;Answers to Walden Interrogatoriesat 7.¹⁵"Mid-morning [Plaintiff] was transported to the hospital for X-rays."Answers to GEO Interrogatoriesat 2(setting forth unmodified version of this fact).¹⁶SeeMSJ 3 Reply.

"Plaintiff's complaint against the GEO Defendants was filed on August 12, 2013."MSJ 2Response¶ 1, at 2(setting forth this fact).SeeMSJ 2 Replyat 3(not disputing this fact)."Plaintiff was not incarcerated when he filed his original Complaint in New Mexico state court on August 12, 2013."MSJ 2 ¶ 3, at 4(setting forth this fact).SeeMSJ 2Response¶ 3, at 1(not disputing this fact); Complaint for Personal Injury and Damages, filed in state court on August 12, 2013, filed in federal court on November 16, 2014(Doc. 15-1)("Complaint")."Plaintiff never served [Guadalupe] County with a tort claim notice prior to filing his original complaint."MSJ 2 ¶ 5, at 4(setting forth this fact).SeeMSJ 2Response¶ 5, at 1(not disputing this fact).The GEO Group operated the Guadalupe Facility pursuant to a contract it has with Guadalupe County.SeeMSJ 2at 1;FAC ¶ 3, at 2.¹⁷Guadalupe County is a subdivision of the State of New Mexico.SeeFAC ¶ 2, at 2;GEO Answer¶ 2, at 1.

"On August 8, 2014, Plaintiff was an NMCD inmate incarcerated at Lea County Corrections Facility(‘LCCF’) at the time he filed his First Amended Complaint."MSJ 1 ¶ 2, at 2(setting forth this fact).SeeMSJ 3 ¶ 3, at 2(setting forth a similar fact);¹⁸MSJs 1 & 3 Response¶ 2, at 2(not disputing the MSJ 1's proposed fact);id.¶ 3, at 2(not disputing the MSJ 3's proposed fact);MSJ 2 ¶ 3, at 4(setting forth a similar fact);¹⁹MSJ 2Response¶ 3, at 1(not disputing the MSJ 2's proposed fact); Affidavit of Mary Jane Chavez(the Classification Director at the Guadalupe Facility)¶ 3-4, at 1, filedApril 2, 2015(Doc. 39-1)("Chavez Aff"); Offender Physical Location History: Christopher Joseph Martinezat 1-2, filedApril 2, 2015(Doc. 39-2)("Location History")."On August 8, 2014, Plaintiff filed his First Amended Complaint, naming Corizon defendants for the first time, in this lawsuit."MSJ 3 ¶ 2, at 2(setting forth this fact).SeeMSJs 1 & 3 Response¶ 2, at 2(not disputing this fact);FAC ¶ 1-38, at 1-5."Plaintiff has not asserted a § 1983 claim, or a claim under another federal law, against the GEO Defendants."MSJ 2Response¶ 3, at 2(setting forth this fact).SeeMSJ 2 Replyat 3(not disputing this fact)."None of the allegations included in the Amended Complaint were directed at the GEO Defendants, nor can they be so construed."MSJ 2Response¶ 4, at 2(setting forth this fact).SeeMSJ 2 Replyat 3(not disputing this fact).

"Plaintiff's original Complaint contains no claims arising out of alleged improper or adequate medical care; those claims were asserted for the first time in Plaintiff's Amended Complaint."MSJ 2 ¶ 4, at 4(setting forth this fact).²⁰"The first time either of the Corizon Defendants was sued by Mr. Martinez for the injuries he alleged to have incurred on August 12, 2011, was August 8, 2014."MSJ 3 ¶ 9, at 3(setting forth this fact).SeeMSJs 1 & 3 Response¶ 9, at 3(not disputing...