Fernandez v. CTF Health Care Services

Background

Cory W. Fernandez, an inmate at Correctional Training Facility, filed a self-represented action under 42 U.S.C. § 1983. That statute provides a way to seek relief for violations of federal constitutional or statutory rights by a person acting under state law. The defendants named in the complaint were Correctional Training Facility doctor Parks and CTF Health Care Services.

Fernandez alleged that medical staff refused to provide meaningful, comprehensive medical treatment and that his injuries continued to worsen. He stated that he injured his left knee at work in the kitchen on or about February 16, 2019; that Dr. Park advised him not to perform heavy lifting; and that he was later ordered to work and reinjured his knee and lower back. He also alleged that he made numerous verbal complaints and received x-rays, surgery, and a spinal tap. The complaint requested $375,000 in compensatory damages and full treatment for his medical problems. It did not cite or reference a federal law or constitutional provision.

Screening and Deficiencies

Under 28 U.S.C. § 1915A, the court must screen a prisoner’s complaint seeking relief from a governmental entity or its officer or employee. The court must dismiss claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. The court also explained that a complaint must provide a short and plain statement showing entitlement to relief and must allege both a violation of a federal right and action under state law for a § 1983 claim.

The court found the complaint conclusory and unclear. To the extent Fernandez intended to bring an Eighth Amendment claim for deliberately indifferent medical care, the complaint did not clearly identify his medical need or explain why the treatment for his knee injury violated the Eighth Amendment. It was unclear what injury he suffered and why the x-rays, surgery, and spinal tap were inadequate. The court also found that Dr. Park’s alleged advice not to perform heavy lifting did not, as pleaded, show a failure to treat the knee injury. Any claim about the back reinjury failed against Dr. Park because the complaint did not allege that Dr. Park was involved in the work supervisor’s actions.

The court further held that the complaint did not state a § 1983 claim against CTF Health Care Services merely because the entity supervised or employed an alleged wrongdoer. The complaint did not allege that a custom or policy caused the claimed constitutional violation. Finally, the court noted that the complaint characterized the medical care as negligent. Medical malpractice or negligence, by itself, is insufficient to establish an Eighth Amendment violation.

Disposition

The court DISMISSED the complaint with leave to amend because it appeared that Fernandez might be able to correct the deficiencies by alleging additional facts. The court gave him 28 days from the date of the order to file an amended complaint. The amended complaint had to use the caption and civil case number specified in the order and state “AMENDED COMPLAINT” on its first page. The court stated that the amended complaint would replace the earlier complaint and that failure to file one in the required time and manner would result in dismissal of the action without further notice.