Opinion

Harris v. Cotte

Court
District Court, M.D. Florida
Filed
Nov 1, 2023
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

RICHARD HARRIS,

Plaintiff,

v. Case No.: 2:21-cv-646-SPC-NPM

JAMES COTTE, JOHN DOE and

GILBERT NOE,

Defendants.

/

OPINION AND ORDER

Before the Court is Defendant, Gilbert Noe, M.D.’s Motion to Dismiss

Plaintiff’s Amended Complaint (Doc. 136).

Background

Plaintiff Richard Harris—a prisoner of the Florida Department of

Corrections—filed this civil-rights action against two prison guards and a

doctor. The Court recounts the factual background as pled in Harris’s

Amended Complaint, which it must take as true to decide whether the

Complaint states a plausible claim. See Chandler v. Sec’y Fla. Dep’t of Transp.,

695 F.3d 1194, 1198-99 (11th Cir. 2012).

On September 21, 2017, officer James Cotte was escorting Harris

between dormitories in Charlotte Correctional Institution. When Harris

realized what cell Cotte was taking him to, Harris said he could not be housed

on the top floor due to medical issues. Cotte and another official identified as

John Doe each grabbed an arm and began dragging Harris towards the stairs.

Harris resisted by sitting on the ground. Harris accuses Cotte and Doe of

responding by “forcefully mashing [Harris] into the floor, dropping their weight

on plaintiff, while bending and pulling his limbs at odd angles.” (Doc. 132 at

6). A nurse evaluated Harris at the scene of the use of force and recorded a

blood pressure of 240 over 180, and Harris was taken to the infirmary in a

wheelchair.

Dr. Gilbert Noe evaluated Harris, prescribed him a walker, and ordered

that he remain in the infirmary for observation. Harris was discharged on

October 4, 2017. After Harris left the infirmary, security officers took the

walker away from Harris and told him to walk to his cell. Harris sat on the

ground and asked the officers to contact medical. Harris claims the officers

used force—he does not elaborate on that—and escorted him back to the

medical unit in a wheelchair. After speaking with medical staff, the security

officers gave Harris a walker and housed him in an “ADA/single man cell.”

(Doc. 132 at 8). Harris was then transferred to the Reception and Medical

Center for further treatment, though his transfer was delayed when an official

refused to let Harris board the transport van with his walker.

Harris asserts an Eighth Amendment claim against Noe. Harris argues

Noe should have, but did not, write a medical pass for the walker Noe

prescribed, and he accuses Noe of falsifying medical records in an attempt to

cover up the September 21, 2017 use of force. Harris also sues Cotte and Doe.

Doe has not been identified, and Cotte has yet to appear.

Legal Standard

When considering a motion to dismiss under Rule 12(b)(6), courts must

accept all factual allegations in the complaint as true and view them in a light

most favorable to the plaintiff. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

The preferential standard of review, however, does not let all pleadings

adorned with facts survive to the next stage of litigation. The Supreme Court

has been clear on this point—a district court should dismiss a claim when a

party does not plead facts that make the claim facially plausible. See Bell Atl.

Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible when

a court can draw a reasonable inference, based on facts pled, that the opposing

party is liable for the alleged misconduct. See Iqbal, 556 U.S. at 678. This

plausibility standard requires “more than a sheer possibility that a defendant

has acted unlawfully.” Id. (citing Twombly, 550 U.S. at 557 (internal quotation

marks omitted)). And a plaintiff must allege more than labels and conclusions

amounting to a formulaic recitation of the elements of a cause of action.

Twombly, 550 U.S. at 555.

Harris files his Complaint under 42 U.S.C. § 1983. To state a § 1983

claim, a plaintiff must allege that (1) the defendant deprived him of a right

secured under the Constitution or federal law, and (2) the deprivation occurred

under color of state law. Bingham v. Thomas, 654 F.3d 1171, 1175 (11th Cir.

2011) (citing Arrington v. Cobb Cty., 139 F.3d 865, 872 (11th Cir. 1998)). In

addition, a plaintiff must allege and establish an affirmative causal connection

between the defendant’s conduct and the constitutional deprivation. Marsh v.

Butler Cty., Ala., 268 F.3d 1014, 1059 (11th Cir. 2001).

Discussion

In Estelle v. Gamble, the Supreme Court established that “deliberate

indifference to serious medical needs of prisoners constitutes the ‘unnecessary

and wanton infliction of pain,’ proscribed by the Eighth Amendment.” 429 U.S.

97, 104 (1976). But not every claim of inadequate medical treatment gives rise

to an Eighth Amendment violation. Id. at 105. Negligence in diagnosis or

treatment—even if it constitutes medical malpractice—does not necessarily

violate the constitution. Id. at 106.

“To prevail on a claim of deliberate indifference to serious medical need

in violation of the [Eighth] Amendment, a plaintiff must show: ‘(1) a serious

medical need; (2) the defendant['s] deliberate indifference to that need; and (3)

causation between that indifference and the plaintiff's injury.’” Youmans v.

Gagnon, 626 F.3d 557, 563 (11th Cir.2010) (quoting Mann v. Taser Int'l, Inc.,

588 F.3d 1291, 1306–07 (11th Cir. 2009)). In the Eleventh Circuit, “[a] serious

medical need is ‘one that has been diagnosed by a physician as mandating

treatment or one that is so obvious that a lay person would easily recognize the

necessity for a doctor’s attention.’” Shaw v. Allen, 701 F. App’x 891, 893 (11th

Cir. 2017) (quoting Farrow v. West, 320 F.3d 1235, 1243 (11th Cir. 2003)).

Deliberate indifference has three components: “(1) subjective knowledge

of a risk of serious harm; (2) disregard of that risk; (3) by conduct that is more

than mere negligence.” Bingham v. Thomas, 654 F.3d 1171, 1176 (11th Cir.

2011) (internal quotation marks omitted). “Conduct that is more than mere

negligence includes: (1) grossly inadequate care; (2) a decision to take an easier

but less efficacious course of treatment; and (3) medical care that is so cursory

as to amount to no treatment at all.” Id. But “a simple difference in medical

opinion between the prison’s medical staff and the inmate as to the latter’s

diagnosis or course of treatment does not support a claim of deliberate

indifference.” Wilson v. Smith, 567 F. App’x 676, 678 (11th Cir. 2014) (internal

citation and quotation marks omitted). “Moreover, matters of medical

judgment do not constitute deliberate indifference.” Id. (citing Estelle, 429 U.S.

at 107).

Harris fails to state a claim against Noe. Harris does not complain about

the medical care he received. Noe evaluated Harris, prescribed him a walker,

and kept him under observation in the infirmary for almost two weeks. Harris

was then transferred to the Reception and Medical Center and received further

treatment. Harris’s claim against Noe stems solely from the paperwork, and

Harris does not identify any paperwork issue that negatively impacted the

treatment he received. Specifically, Noe’s failure to write Harris a medical

pass for a walker did not prevent Harris from using the walker Noe prescribed.

Although officers briefly took the walker away from Harris, they returned it to

him after consulting medical staff.

What is more, Harris’s claim that Noe attempted to cover up the

September 21, 2017 use of force by falsifying records is not plausible. Harris

points to an Emergency Room Record form created that day, which states, “No

observable signs of injury.” (Doc. 142-1 at 3). Harris argues that observation

was false because he had very high blood pressure and was brought to the

infirmary in a wheelchair. But the document includes both of those details, so

it clearly was not meant to hide them. Nor could it be an attempt to cover up

the use of force—it is explicitly a post-use-of-force exam record, and it describes

the occurrence as a “spontaneous use of force.” (Id. at 3). Any anyhow, a nurse

wrote that document; Noe merely reviewed it.

Harris presents two other theories in his response to Noe’s motion to

dismiss. First, he points to Noe’s role as a supervisor in the medical

department. But it is well settled in the Eleventh Circuit that supervisory

officials are not liable under § 1983 for the acts of their subordinates. Keith v.

DeKalb Cty., Ga., 749 F.3d 1034, 1047 (11th Cir. 2014). Second, Harris accuses

Noe of violating Florida Department of Corrections administrative rules. But

a violation of state law—rather than federal law—cannot be the basis for a §

1983 claim.

Harriss Amended Complaint fails to state a plausible Eighth

Amendment claim against Dr. Noe.

Accordingly, it is now

ORDERED:

Plaintiff Richard Harris’s claim against Dr. Gilbert Noe is DISMISSED.

The Clerk is DIRECTED to terminate Noe as a party to this case.

DONE and ORDERED in Fort Myers, Florida on November 1, 2023.

UNITED STATES DISTRICT JUDGE

SA: FTMP-1

Copies: All Parties of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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