Baughman v. Hickman, No. 17-20679 (5th Cir. 2019)Annotate this Case
Plaintiff, a pretrial detainee, filed suit against the County and county officials for allegedly violating his constitutional rights by being deliberately indifferent to his health, safety, and medical needs. Plaintiff also filed suit against a prison nurse for retaliation and the County for negligence under Texas law.
In regard to the deliberate indifference claims, the court held that there was insufficient information about a deputy sheriff's driving and no evidence to allow a finding that the deputy's actual knowledge that the manner in which he was driving created a substantial risk of harm; plaintiff failed to show deliberate indifference to his serious medical needs; plaintiff's conclusory allegations were not sufficient to state a claim that the treating physicians denied him adequate pain medication and access to physical therapy; plaintiff failed to demonstrate a genuine issue of material fact disputing that the nurse was hesitant to administer his medicine because of security concerns and jail policy; and claims against the official capacity defendants were properly dismissed. In regard to the retaliation claims, the court held that plaintiff failed to allege any harm from the nurse's purported retaliatory acts and there was no evidence that the nurse's reporting of medical personnel who entered plaintiff's cell had any consequences on plaintiff. Finally, the district court did not abuse its discretion by refusing to exercise supplemental jurisdiction. Accordingly, the court affirmed the district court's dismissal of some of the claims and grant of summary judgment for defendants on all others.