Rowles v. Jane Doe
| Citation | 558 F.Supp.3d 66 |
| Decision Date | 03 September 2021 |
| Docket Number | 6:19-CV-06933 EAW |
| Parties | Ronald E. ROWLES, Plaintiff, v. Nurse Jane DOE, Physician Assistant Dave Parsons, and Niagara County, Defendants. |
| Court | United States District Courts. 2nd Circuit. United States District Court of Western District of New York |
Ronald E. Rowles, Buffalo, NY, Pro Se.
Paul A. Sanders, Barclay Damon, LLP, Rochester, NY, for Defendant PA Dave Parsons.
Brian P. Crosby, Melissa M. Morton, Gibson, McAskill & Crosby, LLP, Buffalo, NY, for Defendant Niagara County.
DECISION AND ORDER
Plaintiff Ronald E. Rowles ("Plaintiff") brings this action pursuant to 42 U.S.C. § 1983, alleging that defendants Nurse Jane Doe, Physician Assistant Dave Parsons, and Niagara County (collectively "Defendants"), violated his constitutional rights when they were deliberately indifferent to his medical needs. (Dkt. 4). Presently before the Court is a motion filed by defendant Niagara County ("the County") to dismiss Plaintiff's claim for municipal liability against it, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. 10). For the reasons explained below, the County's motion is granted.
The following facts are taken from Plaintiff's amended complaint. (Dkt. 4). As required on a motion to dismiss, the Court treats Plaintiff's factual allegations as true.
Plaintiff alleges that, when he was being processed at Niagara County Correctional Facility on June 28, 2019, he verbally informed the nurse that he recently underwent an MRI after being involved in a car accident on February 16, 2019. (Id. at 5, 12). Plaintiff had sustained injuries to his back and neck, which included "herniations and bulges" at "T1, T2, T9, T10, C5-6, C6-7, L5 [and] S1." (Id. ). "No further action was taken" by the medical staff and, on July 26, 2019, Plaintiff "filed a sick call for [his] pain [but] was never seen." (Id. at 5).
Plaintiff filed additional sick call requests in August through December 2019. (Id. at 12-13). On October 2, 2019, Plaintiff was informed that the "jail doesn't provide medical care for federal inmates." (Id. at 12). Plaintiff started receiving some pain medication on October 14, 2019, but it was insufficient to relieve his "major" pain. (Id. at 12, 14). On December 4, 2019, Plaintiff was seen by defendant Parsons, who advised Plaintiff that he "shouldn't have come to jail" and called him a "complainer." (Id. at 12). Plaintiff filed several grievances in December 2019, and was erroneously removed from the doctor's list on or about December 25, 2019. (Id. at 12-13). Plaintiff was seen by the doctor on December 27, 2019, and approved for physical therapy, which consisted of only two sessions conducted in January and February 2020. (Id. at 13). As of September 1, 2020, Plaintiff was still waiting for his physical therapy to resume, and he continues to suffer from severe neck and back pain. (Id. at 13-14). He alleges that his injuries "are far more serious than what the medical staff has medicated [him] for," and that he has "never had this much of a hassle receiving ‘proper care’ " for his medical problems than he has at the jail. (Id. at 14).
Plaintiff filed his complaint and a motion to proceed in forma pauperis on December 30, 2019. (Dkt. 1; Dkt. 2). The Court screened the complaint and directed Plaintiff to file an amended complaint. (Dkt. 3). Plaintiff filed his amended complaint on September 8, 2020, and named the "Niagara County Correctional Facility Medical" as a defendant. (Dkt. 4 at 1). On January 5, 2021, the Court issued a Decision and Order, which permitted Plaintiff's claim based on inadequate medical care to proceed to service. (Dkt. 5 at 5). The Court further found that although Plaintiff named "Niagara County Correctional Facility Medical" as a defendant, the real party in interest was Niagara County, and therefore the County was substituted as a defendant. (Id. at 6). The Court clarified that "[f]or purposes of initial review only" it would "generously construe[ ] the pleadings to assert the existence of a policy or practice to deny medical care to federal prisoners confined at the Jail." (Id. at 7).1
On February 19, 2021, the County filed its motion to dismiss.2 (Dkt. 10). The Court set a scheduling order, requiring that Plaintiff file response papers no later than March 15, 2021 (Dkt. 13), and the docket reflects that a copy of the scheduling order was mailed to Plaintiff. To date, Plaintiff has not filed a response to the County's motion to dismiss.
"In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court may consider the facts alleged in the [pleading], documents attached to the [pleading] as exhibits, and documents incorporated by reference in the [pleading]." DiFolco v. MSNBC Cable L.L.C. , 622 F.3d 104, 111 (2d Cir. 2010). A court should consider the motion by "accepting all factual allegations as true and drawing all reasonable inferences in favor of the [claimant]." Trs. of Upstate N.Y. Eng'rs Pension Fund v. Ivy Asset Mgmt. , 843 F.3d 561, 566 (2d Cir. 2016). To withstand dismissal, a claimant must set forth "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). "A claim has facial plausibility when the [claimant] pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Turkmen v. Ashcroft , 589 F.3d 542, 546 (2d Cir. 2009) (quoting Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ).
"While a [pleading] attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a [claimant]’s obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly , 550 U.S. at 555, 127 S.Ct. 1955 (internal quotations and citations omitted). "To state a plausible claim, the [pleading]’s ‘[f]actual allegations must be enough to raise a right to relief above the speculative level.’ " Nielsen v. AECOM Tech. Corp. , 762 F.3d 214, 218 (2d Cir. 2014) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 1955 ). While the Court is "obliged to construe [pro se ] pleadings liberally, particularly when they allege civil rights violations," McEachin v. McGuinnis , 357 F.3d 197, 200 (2d Cir. 2004), even pleadings submitted pro se must satisfy the plausibility standard set forth in Iqbal and Twombly , see Harris v. Mills , 572 F.3d 66, 72 (2d Cir. 2009) ().
The County moves for dismissal on the basis that Plaintiff has failed to state a claim for municipal liability against it for deliberate indifference to medical care, because he has failed to allege: (1) the existence of a formal policy endorsed by the County; (2) a practice so persistent and widespread such that it constitutes a custom or usage of which supervisory authorities must have been aware; or (3) a municipal custom, policy, or usage which can be inferred from evidence of deliberate indifference of supervisory officials to such abuses. (Dkt. 10-1 at 4; Dkt. 10-4 at 9-16). The County contends that medical treatment at the jail is provided not by county employees, but rather by employees of an independent contractor, PrimeCare Medical of New York, Inc.—the employees of which do not hold supervisory roles in the county and are not involved in making policy decisions—and therefore municipal liability cannot exist as to the County, since the conduct complained of by Plaintiff was not performed by county employees.3 (Dkt. 10-4 at 10-11). Further, the County argues that even if the conduct complained of by Plaintiff was undertaken by a county employee, Plaintiff has not plausibly alleged a claim for municipal liability. (Id. at 11-17).
"[T]o establish municipal liability under § 1983, a plaintiff must prove that ‘action pursuant to official municipal policy’ caused the alleged constitutional injury." Cash v. Cnty. of Erie , 654 F.3d 324, 333 (2d Cir. 2011) (quoting Connick v. Thompson , 563 U.S. 51, 60, 131 S.Ct. 1350, 179 L.Ed.2d 417 (2011) ). "[T]o hold a [municipality] liable under § 1983 for the unconstitutional actions of its employees, a plaintiff is required to plead and prove three elements: (1) an official policy or custom that (2) causes the plaintiff to be subjected to (3) a denial of a constitutional right." Batista v. Rodriguez , 702 F.2d 393, 397 (2d Cir. 1983). Official municipal policy includes "the decisions of a government's lawmakers, the acts of its policymaking officials, and practices so persistent and widespread as to practically have the force of law." Connick , 563 U.S. at 61, 131 S.Ct. 1350. To survive a motion to dismiss, the plaintiff "cannot merely allege the existence of a municipal policy or custom, but must allege facts tending to support, at least circumstantially, an inference that such a municipal policy or custom exists." Triano v. Town of Harrison, N.Y. , 895 F. Supp. 2d 526, 535 (S.D.N.Y. 2012) (quotation omitted). A plaintiff may satisfy the "policy or custom" requirement by alleging one of the following:
(1) a formal policy officially endorsed by the municipality; (2) actions taken by government officials responsible for establishing the municipal policies that caused the particular deprivation in question; (3) a practice so consistent and widespread that, although not expressly authorized, constitutes a custom or usage of which a supervising policy-maker must have been aware; or (4) a failure by policymakers to provide adequate training or supervision to subordinates to such an extent that it amounts to deliberate indifference to the rights of those who come into contact...
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