Tramble v. Memorial Hermann Hospital et al, No. 4:2018cv00810 - Document 24 (S.D. Tex. 2018)
Court Description: MEMORANDUM OPINION AND ORDER. Prisoner Civil Rights action is dismissed with prejudice. Email sent to Manager of Three Strikes List. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)
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Tramble v. Memorial Hermann Hospital et al Doc. 24 United States District Court Southern District of Texas ENTERED IN THE UN ITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION November 20, 2018 David J. Bradley, Clerk DA RNELL JO TRA M BLE , TDCJ #02136473, Plaintiff, C IVIL ACTION H-18-0810 MEMORIAL HERMANN HOSPITAL , et al ., Defendants. M EMORANDUM OPINION AND ORDER State inmate Darnell Jo Tramble (TDCJ 402136473) has filed a Prisoner's Rights Complaint (ncomplaint/'llDocket Entry No. under 42 5 alleging violations 1983 his rights by Memorial Hermann Hospital, Ben Taub Hospital, and several physicians following his arrest officers with the Houston Police Department (nHPD''). Tramble has filed two amended versions Complaint (Docket Entry Nos. cou rt 's request Tramb le has 20). filed Plaintiff's More Definite Statement of his claims (Docket Entry No. 22). Because Tramble is an inmate who proceeds in forma oauperis, court is required scrutinize the claims and dismiss the Complaint , whole if it determines that the Complaint nis frivolous, malicious, fails state claim upon which relief nseeks monetary relief from defendant who ranted '' immune from such Dockets.Justia.com relief.'' D.S.C. 55 1915A (b), 1915 (e)(2)(B). After considering all of the pleadings the concludes that this case must be dism issed for the reasons explained below . 1. On February 10, Backcround Tramble sustained shot wound left shoulder, which caused a UmaJ'Or grac tu reM the Mmid humerus .''' Tramble explains that a 20 gauge shotgun girlfriendx Tramble was taken ambulance Hospital (nMemorial Hermann'') and treated Tramble claims that constitutional rights Memorial Hermann the emergency room .z emergency room physicians violated his delaying treatm ent while HPD officers placed him under arrest .t Tramb le was arrested and charged with assault family m ember by 'Aimpeding breath'' in connection with the altercation he had with doctors girlfriendx Although Tramble requested surgery, Memorial Hermann treated the fracture with a nsplint'' V second Amendedq Prisoner's Civil Rights Complaint (nsecond Amended Complaint'/), Docket Entry No. 2O, p. 4. zplaintiff's More Definite Statement, Docket Entry No . 22, 'Second Amended Complaint, Docket Entry No . tId . splaintiff's More Definite Statementr Docket Entry No . 22# and the gun shot entry wounds with bandagesx Tramble was discharged from Memorial Hermann two days later and taken Harris County Jail on February the 2017.7 On May 25, 2017, Tramble was convicted of the assault charges against him and sentenced years state prison .8 was admitted to the Texas Department of Criminal Justice - Correctional Institutions Division (A'TDCJ/') June 22, 2017.9 While in custody at the Harris County Jail pending the resolution of those charges, Tramble received follow-up care injuries Ben Taub Hospital (''Ben Taub'').l0 Between February 22, 2017, and May 2017, Tramble received X-rays, bandage changes, and replace the splint arm .'' brace Although Tramble complained swelling, weakness, and numbness, he claims that physicians at Ben Taub failed treat his injury properly by removing ubullet reportedly rem ained and that they failed perform uprocedure'' fractured humerus with his injured shoulderx z 6Id . at 4 . ?Id . at 5 . 8Id . 9Id . 10j(d at :lId $2Id * . arm align his Tramble claims, Taub therefore, that doctors %%failed render needed medical attention ./'l3 Tramble continues to wear a uwrist support b race'' on his left hand and is unable to lift over 30 pounds due to joint swelling and pain from the bullet fragments that remain in the soft tissue his left arm, which he describes as deformedx 4 Invoking 42 f 1983, Tramble sues Memorial Hermann, Ben Taub, physicians who treated him and several the gun shot wound he sustainedx b Specifically , Tramble contends that doctors at Mem orial Hermann and Ben Taub are liable for malpractice by denying him adequate medical care the form of surgery and the removal of bullet fragments, which have caused swelling, weakness, and numbness armx 6 Tramble seeks monetary damages for his pain and mental anguishx v II . Discu ssion A. Claims Against HPD Tramble contends interfered HPD is liable because officers hindered medical treatment physicians emergency room under arrest 13Id 14j g(j a. t. lssecond Amended Complaint, Docket Entry No . 2O, Mplaintiff's More Definite Statement, Docket Entry No . 22r pp . 5-6. l7second Amended Complaint, Docket Entry No . February 2017.0 a subdivision of the City of Houston, HPD 1aCkS Capacity and is nOt Subject Suit. See FED. F. Supp . Maxwell v . Henrv, (S.D. Tex. 1993); see also Darbv v . Pasadena Police Dep't, 939 F.2d 311, (5th city, subdivision 1991) (concluding that, as an agency the police department lacked capacity to be sued as an independent entity). Accordingly, Remaining Claim s B. %'To state a claim under g42 U.S.C. 5 19832, allege a violation of rights secured by laws of plaintiff must Constitution United States and (2) demonstrate that the alleged deprivation was committed by a person acting under color of state law .'' Lefall v. Dallas Inden. Sch. Distw 1994) (citations omitted). violation nmust be caused v. Edmundson Oil Co., other words, the alleged exercise privilege created by the State State or by a person 28 F.3d 521, 525 (5th some right by a rule of conduct imposed by whom the State is resp onsible .'' Luaar 2744, (1982). This means that nthe party charged with the deprivation must be a person who fairly be said fact be state actor,'' one who state officialr one who nhas acted with significant from state officials,'' has obtained whose ''conduct '8second Amended Complaint, Docket Entry No . 20, pp . otherwise chargeable to the State .'' Id . Tramble does not allege facts showing that either Memorial Hermann or Ben Taub are state actors or that, even if they cou ld be considered as such, they can be held liable under 42 as municipal entity 5 1983 . not liable under theory respondeat superior, see Monell v . Der 't of Social Svcsw 2018, 2037 (1978), private hospital cannot be held vicariously liable under 5 1983 for constitutional torts committed by employees. See Shields v . Illinois Dep't of Corrections, 746 F.3d 782, 79O (7th Cir. 2014) (citations omitted); see also Goodarzi v. Hartzoa, Civil No. H-12-2780, 2013 WL 3110056, at 5 (S.D. Tex . 2013) (rejecting a claim of state actor liability against Memorial Hermann for this reason). Because Tramble does not allege that he was denied deficient policy, as the does result constitutionally state an actionable claim against Memorial Hermann or Ben Taub under of Houston, 237 F.3d 567, (5th 1983 . See Piotrowski v . Citv 2001) (citing Monell, 98 2037) Likewise , treated the extent Mem orial Hermann , physicians employed by private hospital facilities do liability under 42 them Tramble sues physicians become state actors 5 1983 simply because police transport the emergency room . 675-76 (9th Cir. purposes See Stratton v . Buck, 498 Stvles v. McGinnis, App 'x App'x 362, 2001); see also Thomas v. Nationwide Children's Hosp., 882 F.3d 608, 614 (6th Cir. 2018) (rejecting claims against emergency room physicians because allowing state actor liability under f 1983 in that context uwould physicians from exercising their professional judgment to administer care they deem medically necessary//); Svkes v. Mcphillios, 412 Supp. 2d 202-03 (N.D.N.Y. 2006) (explaining that hospitals, which are federally mandated provide emergency medical care pursuant the Emergency Medical Treatment and Active Labor Act CAEMTALA/Q , 42 5 1395dd, are subject state actor liability Tramble does not otherwise allege facts establishing liability on the part the physicians who treated him at Memorial Hermann . Tramble also takes issue with received from physicians received care while pursuant Ben Taub , where he appears have was in custody at the Harris County Jail contractual arrangement . private hospital follow-up care that he Physicians employed accepts prisoners as patients pursuant contract can be liable as state actors for providing m edical public function that v . Atkins, 108 S . attributable state . See West 2250, 2260 (1988); see also Rice ex rel . Rice v. Correctional Medical Svcsw 675 F.3d 650, 672 (7th 2012) (citing Rodriauez v. Plvmouth Ambulance Svcw 577 F.3d 816, 831-32 2009)). Assuming that physicians employed Ben Taub qualify as state actors this instance, Tramble cannot prevail because he does not establish that he was denied medical care violation of the Constitution . Tramble's claim concerning the denial of adequate medical care falls under the Due Process Clause of the Fourteenth Amendment, which requires the state provide for the ''basic human needs'' of pretrial detainees , including the right Hare v. Citv of Corinth, adequate medical care . 633, 639 (5th 1996) banc); see also Thomrson v. Kpshur Countv, 245 F.3d 447, 2001) (n gplretrial detainees have under the Due Process Clause constitutional right, Fourteenth Amendment, not have their serious medical needs met on the part of circumstances, confining officials./') prevail under these plaintiff must demonstrate that nhad subjective knowledge defendants a substantial risk of serious harm a pretrial detainee but responded with deliberate indifference .'' Hare, 74 F .3d at 650. The deliberate indifference standard On e meet . an uextremely high'' Domino v . Texas Dep't of Criminal Justice, F .3d (5th Cir. 2001). negligence, medical malpractice do constitute deliberate indifference, nor does a prisoner's disagreement with his medical treatment , absent exigent circum stances.'' Gobert v . Caldwell, 463 339, 2006). - 8- A showing deliberate indifference requires the prisoner officials nrefused treat him , demonstrate that prison ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince wanton disregard for any serious medical needs.'' Id. (citation and internal quotation marks omitted). The pleadings reflect that Tramble was provided with m edical care injuries that included an X-ray fractures, bandage changes for his gun shot wounds, and a brace to rep lace the splint that he received initiallyx g Tramble takes issue with the level of care he received, alleging that the physicians emp loyed by Ben Taub comm itted medical malpractice by not removing bullet fragments from his injured arm or performing surgery to stabilize broken arm .20 deliberate A llegations of m alpractice indifference constitutional violation . and are insufficient constitute establish See Gobert, 463 F .3d Because Tramble does not allege facts showing that he was denied care violation constitutional dismissed for failure rights, this action must state a claim upon which relief can be granted under 42 U.S .C . 5 1983 . lgplaintiff's More Definite Statement , Docket Entry No . 22# 5. 20yd at be 111 . Conclusion and Order Based on foregoing, court ORDERS as follows : The prisoner civil rights action filed by Darnell J. Tramble under 42 U .S .C . 5 1983 is DISM ISSED with prejudice for failure to state a claim upon which relief may be granted . The d ismissal will count as of 28 U.S.C . 5 1915(g). The Clerk directed provide Opinion and Order to the plaintiff and STRIKE for purposes copy this Memorandum the Manager of the Three Strikes List at Three Strikes@txs.uscourts.qov . SICHRD at Houston, Texas, thisli th day of . , 2018. SIM LAKE UNITED STATES DISTRICT JUDGE
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