Taylor v. Prime Care Medical, Inc. et al, No. 3:2021cv00539 - Document 4 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER granting Plaintiff's 1 MOTION to Proceed Without Prepayment of Fees or Costs; directing Plaintiff to make monthly filing fee payments beginning on 11/5/2021, as more fully set forth herein; further directing that t he recovery, if any, obtained in this action shall be paid to the Clerk of Court who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance, if any, to the Plaintiff; further directing Plaintiff to amend h is complaint within forty-five (45) days of the date of this Order and cure the deficiencies in pleading as indicated herein; notifying Plaintiff that a failure to amend the complaint as ordered may result in a recommendation that the complaint be dismissed for failure to state a claim and/or for failure to prosecute. Signed by Magistrate Judge Cheryl A. Eifert on 9/27/2021. (cc: Plaintiff) (jsa)
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Taylor v. Prime Care Medical, Inc. et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MATTHEW ALLEN TAYLOR, Plaintiff, v. Case No. 3:21-cv-00539 PRIME CARE MEDICAL, INC.; WESTERN REGIONAL JAIL; and WEST VIRGINIA DEPT. OF CORRECTIONS AND REHABILITAITON, Defendants. MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs. (ECF No. 1). Having considered the Application, the Court GRANTS same. The Court notes that Plaintiff has insufficient funds in his inmate account to make an initial partial filing fee payment; therefore, he is ORDERED to make monthly payments beginning on November 5, 2021 equal to 20 percent of the preceding month’s income credited to his prisoner account until the full filing fee of $350.00 has been paid. These payments shall be due by the fifth day of each month thereafter. The Western Regional Jail and Correctional Facility, or any other agency or facility having custody of Plaintiff, shall forward payments from Plaintiff’s facility account to the Clerk of Court each time the amount in Plaintiff’s account exceeds $10, until the full filing fee is paid. See 28 U.S.C. 1915(b). It is ORDERED and NOTICED that the recovery, if any, obtained in this action shall be paid to the Clerk of Court who shall collect therefrom all unpaid fees and costs taxed against Plaintiff and shall pay the balance, if any, to the 1 Dockets.Justia.com Plaintiff. In keeping with 28 U.S.C. § 1915(e)(2), the undersigned has conducted a preliminary review of Plaintiff’s complaint to determine if the action is frivolous, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. Although pro se complaints, such as the one filed in this case, must be liberally construed to allow the development of potentially meritorious claims, the court may not rewrite the pleading to include claims that were never presented, Parker v. Champion, 148 F.3d 1219, 1222 (10th Cir. 1998), develop the plaintiff’s legal theories for him, Small v. Endicott, 998 F.2d 411, 417-18 (7th Cir. 1993), or “conjure up questions never squarely presented” to the court. Beaudett v. City of Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985). At the same time, to achieve justice, the court may allow a pro se plaintiff the opportunity to amend his complaint in order to correct deficiencies in the pleading. Gordon v. Leeke, 574 F.2d 1147, 1151 (4th Cir. 1978). Plaintiff alleges that he has attempted to obtain medical care and evaluation from Prime Care six times over an 83-day period, and his requests have been ignored. He asks the Court to investigate his case, “see to it” that he gets the medical care he is entitled to receive by law, subpoena his medical records, file charges on the defendants identified, and award him compensation for mental anguish, pain, and suffering. As currently written, Plaintiff’s complaint fails to state a claim sufficient to withstand dismissal on initial screening, as explained below. Title 42 U.S.C. § 1983 provides a remedy to parties who are deprived of federally protected civil rights by persons acting under color of any state “law, statute, ordinance, regulation, custom, or usage.” Section 1983 allows civil monetary damages, declaratory, and prospective injunctive relief, but not criminal sanctions. Therefore, a portion of the 2 relief requested by Plaintiff is unavailable in this action. “It is well established that private citizens can neither bring a direct criminal action against another person nor petition the federal courts to compel the criminal prosecution of another person.” In re Vincent, No. 7:06MC00034, 2006 WL 1529479, at *1 (W.D. Va. June 1, 2006) (citing Maine v. Taylor, 477 U.S. 131, 137 (1986); Leeke v. Timmerman, 454 U.S. 83, 86-87 (1981); Lida R.S. v. Richard D., 410 U.S. 614, 619 (1973)). In addition, the Court does not investigate cases, subpoena records, or generally assist a litigant in prosecuting or defending his case. If Plaintiff wishes to obtain a copy of his records, he should sign an authorization for the release of his records and request copies from Prime Care. To state a cause of action for monetary damages under § 1983, a plaintiff must allege facts showing that: (1) an official deprived the plaintiff of a federally protected civil right, privilege or immunity and (2) that the official did so under color of State law. 42 U.S.C. § 1983; see also Perrin v. Nicholson, C/A No. 9:10-1111-HFF-BM, 2010 WL 3893792 (D.S.C. Sept. 8, 2010). If either of these elements is missing, the complaint fails to state a claim for relief under 42 U.S.C. § 1983. Moreover, for an official to be liable under § 1983, it must be “affirmatively shown that the official charged acted personally in the deprivation of the plaintiff’s rights. The doctrine of respondeat superior has no application under this section.” Vinnedge v. Gibbs, 550 F.2d 926, 928 (4th Cir. 1977) (quoting Bennett v. Gravelle, 323 F. Supp. 203, 214 (D.Md. 1971)). The Eighth Amendment to the United States Constitution “imposes duties on [prison] officials who must provide humane conditions of confinement; prison officials must ensure that inmates receive adequate food, clothing, shelter, and medical care, and must ‘take reasonable measures to guarantee the safety of the inmates.’” Farmer v. Brennan, 511 U.S. 825, 832 (citing Hudson v. Palmer, 468 U.S. 517, 526–27 (1984)). 3 However, “[p]rison conditions may be ‘restrictive and even harsh.’” Farmer, 511 U.S at 833 (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981) (“To the extent that [prison] conditions are restrictive or even harsh, they are part of the penalty that criminal offenders pay for their offenses against society.”). “The Eighth Amendment does not prohibit cruel and unusual prison conditions; it prohibits cruel and unusual punishments.” Strickler v. Waters, 989 F.2d 1375, 1381 (4th Cir. 1993). Thus, not every uncomfortable condition of confinement is actionable. Rhodes, 452 U.S. at 347. Ultimately, the Eighth Amendment “does not mandate comfortable prisons, and only those deprivations denying the ‘minimal civilized measure of life's necessities’ are sufficiently grave to form the basis of an Eighth Amendment violation.” Wilson v. Seiter, 501 U.S. 294, 298 (1991) (quoting Rhodes, 452 U.S. at 347). In order for Plaintiff to maintain a prima facie case that his conditions of confinement violate the Eighth Amendment, he must show both (1) the deprivation of a basic human need that was “sufficiently serious,” when measured by an objective standard, and (2) that the responsible prison official had a “sufficiently culpable state of mind.” Iko v. Shreve, 535 F.3d 225, 238 (4th Cir. 2008) (citing Williams v. Benjamin, 77 F.3d 756, 761 (4th Cir. 1996)). To satisfy the objective component, Plaintiff must show that the challenged condition caused or constituted an extreme deprivation. De'Lonta v. Angelone, 330 F.3d 630, 634 (4th Cir. 2003). “[T]o demonstrate such an extreme deprivation, [Plaintiff] must allege a serious or significant physical or emotional injury resulting from the challenged conditions or demonstrate a substantial risk of such serious harm resulting from [his] exposure to the challenged conditions.” Odom v. South Carolina Dept. of Corrections, 349 F.3d 765, 770 (4th Cir. 2003) (quoting De’Lonta, 330 F.3d at 634). “Compelling a showing of significant physical or emotional harm, or a grave 4 risk of such harm, infuses an element of objectivity into the analysis, lest resolution of the seriousness of the deprivation devolve into an application of the subjective views of the judges deciding the question.” Shakka v. Smith, 71 F.3d 162, 166 (4th Cir. 1995) (citing Strickler v. Waters, 989 F.2d 1375, 1370–80 (4th Cir. 1993)). To fulfill the subjective component, Plaintiff must demonstrate a “deliberate indifference” to his health or safety by the defendants. Farmer, 511 U.S. at 834. The Supreme Court explained: [A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference. Farmer, 511 U.S. at 837. Deliberate indifference is more than mere negligence but less than malice. Flores v. Stevenson, Civil Action No. 2:11–cv–01278–TMC–BHH, 2012 WL 2803721 (D.S.C. May 11, 2012). Put simply, the Prime Care staff had a sufficiently culpable state of mind if they were aware of an excessive risk of harm to Plaintiff’s health or safety, but disregarded it. See Wilson, 501 U.S. at 298; Brown v. North Carolina Dept. of Corrections, 612 F.3d 720, 723 (4th Cir. 2010) (quoting Case v. Ahitow, 301 F.3d 605, 607 (7th Cir. 2002)) (“[T]he test is whether the guards know the plaintiff inmate faces a serious danger to his safety and they could avert the danger easily yet they fail to do so.”) In addition to the legal principles set forth above, Plaintiff’s claim is governed by the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(e). The PLRA expressly prohibits the filing of civil actions by prisoners “confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury.” (emphasis added). Although the PLRA does not 5 define “physical injury” and the Fourth Circuit has not provided a definition, other courts have held that the “physical injury” referenced by the Act need not be significant, but it must be more than de minimis. See, e.g., Flanory v. Bonn, 604 F.3d 249, 254 (6th Cir. 2010); Mitchell v. Brown & Williamson Tobacco Corp., 294 F.3d 1309, 1312–13 (11th Cir. 2002); Siglar v. Hightower, 112 F.3d 191 (5th Cir. 1997); Zehner v. Trigg, 952 F.Supp. 1318 (S.D. Ind. 1997). In addition, “[a] plaintiff seeking compensatory damages for emotional distress cannot rely on conclusory statements that the plaintiff suffered emotional distress [or] the mere fact that a constitutional violation occurred, but, rather, the testimony must establish that the plaintiff suffered demonstrable emotional distress, which must be sufficiently articulated.” Knussman v. Maryland, 272 F.3d 625, 640 (4th Cir. 2001), quoting Price v. City of Charlotte, 93 F.3d 1241, 1254 (4th Cir. 1996) (internal quotation marks omitted). In light of the governing standards and principles, Plaintiff must amend his complaint. Without such an amendment, Plaintiff’s complaint is subject to dismissal. Therefore, Plaintiff is ORDERED to amend his complaint within forty-five (45) days of the date of this Order and cure the following deficiencies in pleading as indicated below: 1. Plaintiff has included no specific allegations against the Western Regional Jail or the Division of Corrections. It appears that they have been included as defendants simply because Prime Care provides services at the Western Regional Jail. That is not enough to state a claim under § 1983. In addition, neither the Jail nor the Division are “persons” that can be sued in federal court for a civil rights violation. Therefore, instead of naming the Jail and/or the Division, Plaintiff must identify specific individuals at the Jail/Division who allegedly violated his rights and must set forth a factual basis to show how each of these individuals violated his rights. Prime Care provides medical 6 services at the Western Regional Jail, but it is a separate entity from the Jail and the Division of Corrections. 2. Plaintiff must identify the nature of the physical and emotional injuries he claims to have suffered. As stated, mental and emotional injuries are generally not recoverable without evidence of some associated physical injury. 3. According to the Complaint, Plaintiff filed a grievance on September 17, 2021, but instead of waiting for the result, he filed the instant complaint. Three days is not enough time to have exhausted administrative remedies, and that must be done before a lawsuit is instituted. Although it appears that Plaintiff has not exhausted his remedies, he should have an opportunity to demonstrate to the Court the administrative remedies were exhausted. Plaintiff shall outline the steps he took to exhaust his administrative remedies, or explain why the remedies were not available to him. Plaintiff is hereby given notice that a failure to amend the complaint as ordered may result in a recommendation that the complaint be dismissed for failure to state a claim under 42 U.S.C. § 1983 and/or for failure to prosecute under Fed. R. Civ. P. 41 and L. R. Civ. P. 41.1. Plaintiff is also reminded of his obligation to promptly notify the Clerk of Court of any change in his contact information. The Clerk is instructed to provide a copy of this order to Plaintiff. ENTERED: September 27, 2021 7
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