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Hicks v. Peter Stanford, PA

United States District Court, D. Maryland

October 7, 2014

DARRELL LEE HICKS #405-906 Plaintiff,



Plaintiff Darrell Lee Hicks is a Maryland prisoner incarcerated at Eastern Correctional Institution in Westover, Maryland ("ECI"). Plaintiff filed suit alleging an Eighth Amendment violation based on a denial of medication. He names as defendants Physician's Assistant ("PA") Peter Stanford and Doctor Jason Clem, who provide health care to ECI prisoners through their employer, Wexford Health Sources, Inc.

Defendant Stanford has been served with the complaint and has filed a motion to dismiss for failure to state a claim, pursuant to Fed.R.Civ.P. 12(b)(6). ECF 8.[1] Plaintiff opposes the motion. ECF 10. The court finds a hearing in this matter unnecessary to resolve the pending motion. See Local Rule 105.6 (D. Md. 2014).


Plaintiff claims that during a chronic care evaluation on November 27, 2013, Stanford informed plaintiff that he would submit an approval form electronically to Clem to continue plaintiff's anti-seizure medication. Plaintiff states that from December 6 through December 11, 2013, the medication (Neurontin)[2] was unavailable during twice-daily pill call. ECF 1 at 4. Plaintiff claims that on December 10, 2013, he was injured while suffering a seizure. ECF 1 at 5; ECF 10 at 2.

Defendant Stanford contends that the failure to provide medication for several days does not "shock the conscience" or "offend the evolving standards of decency and thus does not amount to an Eighth Amendment violation, and that soon after the medication ran out, on December 9, 2013, an unidentified nurse reported the problem to her superiors. ECF 8 at 8. Defendant also argues that neither he nor Clem had a culpable state of mind; they did not intentionally fail to order the medication. Id. Further, Stanford claims that plaintiff has failed to specific the precise nature of his injuries caused by the lack of medication. Id. at 10. In addition, Stanford also claims entitlement to qualified immunity ( id. at 10-11), [3] and states the action should be dismissed because plaintiff failed to complete administrative remedies to address the lack of medication.[4] Id. at 12, n.4.

Standard of Review

The purpose of a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) is to test the sufficiency of the plaintiff's complaint. See Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999). The Supreme Court has articulated the proper framework for analysis

Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief, " in order to "give the defendant fair notice of what the... claim is and the grounds upon which it rests, " Conley v. Gibson, 355 U.S. 41, 47 (1957). While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, ibid.; Sanjuan v. American Bd. of Psychiatry and Neurology, Inc., 40 F.3d 247, 251 (C.A.7 1994), a plaintiff'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, see Papasan v. Allain, 478 U.S. 265, 286 (1986) (on a motion to dismiss, courts "are not bound to accept as true a legal conclusion couched as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller, FEDERAL PRACTICE AND PROCEDURE ยง 1216, pp. 235-236 (3d ed. 2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more... than... a statement of facts that merely creates a suspicion [of] a legally cognizable right of action"), on the assumption that all the allegations in the complaint are true (even if doubtful in fact), see, e.g., Swierkiewicz v. Sorema N. A., 534 U.S. 506, 508, n. 1 (2002); Neitzke v. Williams, 490 U.S. 319, 327(1989) ("Rule 12(b)(6) does not countenance... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very remote and unlikely").

Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (footnote and parallel citations omitted) (alterations in original).

In considering a motion to dismiss under Rule 12(b)(6), a court must "accept[] as true the well-pled facts in the complaint and view[] them in the light most favorable to the plaintiff.'" Brockington v. Boykins, 637 F.3d 503, 505 (4th Cir. 2011) (citation omitted). Once a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint. Id. at 563. The court need not, however, accept unsupported legal allegations, see Revene v. Charles County Comm'rs, 882 F.2d 870, 873 (4th Cir. 1989), legal conclusions couched as factual allegations, see Papasan v. Allain, 478 U.S. 265, 286 (1986), or conclusory factual allegations devoid of any reference to actual events, see United Black Firefighters v. Hirst, 604 F.2d 844, 847 (4th Cir. 1979).

In order to state a claim for denial of medical care, a plaintiff must demonstrate that the actions of the defendants or their failure to act amounted to deliberate indifference to a serious medical need. See Estelle v. Gamble, 429 U.S. 97, 105-06 (1976). Deliberate indifference to a medical need requires proof that, objectively, the prisoner plaintiff was suffering from a serious medical need and that, subjectively, the prison staff were aware of the need for medical attention but failed either to provide it or to ensure the needed care was available. See Farmer v. Brennan, 511 U.S. 825, 837 (1994). Moreover, objectively, the medical condition at issue must be serious. See Hudson v. McMillian, 503 U.S. 1, 9 (1992) (there is no expectation that prisoners will be provided with unqualified access to health care). In other words, deliberate indifference may be established by showing that the prison official "kn[ew] of and disregard[ed] an excessive risk to inmate health or safety." Farmer, 511 U.S. at 837.

Deliberate indifference is "a very high standard." Grayson v. Peed, 195 F.3d 692, 694 (4th Cir. 1999). It requires a plaintiff to establish that the prison official had actual knowledge of an excessive risk to the plaintiff's safety. Farmer, 511 U.S. at 837; Danser v. Stansberry, ___ F.3d ___, No. 13-1828, slip op. at 15 (4th Cir. Sept. 12, 2014). In particular, 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; see also id. at 840-42 ("constructive notice" of a substantial risk generally is not sufficient to prove a deliberate indifference claim); Rich v. Bruce, 129 F.3d 336, 338-40 (4th Cir. 1997). And, in a case involving deliberate indifference to a medical need, the inmate must show a "significant injury." Danser, slip op. at 14 n.8. This is in contrast to an excessive force case. Id.

The subjective component requires "subjective recklessness" in the face of the serious medical condition. See Farmer, 511 U.S. at 839-40. "True subjective recklessness requires knowledge both of the general risk, and also that the conduct is inappropriate in light of that risk." Rich, 129 F.3d at 340 n.2. "Actual knowledge or awareness on the part of the alleged inflicter... becomes essential to proof of deliberate indifference because prison officials who lacked knowledge of a risk cannot be said to have ...

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