Opinion

Carmichael v. Murphy

Court
District Court, W.D. North Carolina
Filed
Jul 24, 2020
Cited by
0 cases
Authority
More cited than 24.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

ASHEVILLE DIVISION

CIVIL CASE NO. 1:20-cv-00116-MR

QUAMAINE DESHAWN )

CARMICHAEL, )

)

Plaintiff, )

)

vs. )

)

FNU MURPHY, et al., ) ORDER

)

Defendants. )

_______________________________ )

THIS MATTER is before the Court on initial review of the Complaint

[Doc. 1]. Also pending is Plaintiff’s Motion for Service of Complaint [Doc. 8].

Plaintiff is proceeding in forma pauperis. [Doc. 7].

I. BACKGROUND

Pro se incarcerated Plaintiff filed this civil rights action pursuant to 42

U.S.C. § 1983 for incidents that allegedly occurred at the Marion Correctional

Institution. Liberally construing the Complaint, it appears that Plaintiff is also

attempting to state a claim under the Americans With Disabilities Act (“ADA”).

Plaintiff names as Defendants: Dr. Murphy, a mental health administrator;

Julia Jenkins, a program director; D. Cothron, an assistant warden of

programs, and H. Corpening, Marion C.I.’s warden.

Plaintiff alleges that Defendant Murphy arranged in late 2017 for

Plaintiff to consult with a psychiatrist, who determined that medication was

sufficient to treat Plaintiff’s mental illness. Plaintiff was prescribed

psychotropic medication in January 2018, and he was classified as Mental

Health Level Three (“M-3”). [Doc. 1-1 at 1].

Prior to the M-3 classification, Plaintiff had been “coerced” to

participate in Marion C.I’s Rehabilitative Diversion Unit (“RDU”),1 where he

remained for approximately 10 months. [Doc. 1-1 at 3]. Plaintiff alleges that

the RDU is not suitable for his mental health classification; that the “facility[’s]

designees”2 are incapable of ensuring that Plaintiff’s received his prescribed

medication on a continual basis as ordered; and that Defendants helped

other “similarly situated inmates” to be transported to “proper treatment

centers for mental health purposes.” [Doc. 1-1 at 2-3].

Plaintiff further alleges that he was an “individual with a disability” who

was deprived of the opportunity to participate in the Therapeutic Diversion

Unit (“TDU”), a special needs program for mentally ill offenders who are

transitioning from disciplinary restrictions into regular population, which

1 The RDU program at Marion “was created as part of NCDPS’s recent policy reforms

regarding restrictive housing in the North Carolina prisons.” Covington v. Lassiter, No.

1:16-cv-00387-FDW, 2017 WL 3840280, at *5 (W.D.N.C. Sept. 1, 2017) (discussing RDU

program at Marion C.I.).

2 Plaintiff does not identify these individuals.

“deprived Plaintiff [of] the ability to receive proper therapy and services of a

mental health Level 3 facility.” [Doc. 1-1 at 2, 4].

Plaintiff alleges that he was denied reasonable accommodations for

his disability after he made Dr. Murphy aware of the issue. He alleges that

Defendant Jenkins, as the RDU administrator, has direct knowledge of

RDU’s structure and the clinical status for which the program was designed,

and that “Plaintiff’s change in acuity level mandated that Defendant [Jenkins]

be made aware.” [Doc. 1-1 at 2]. Plaintiff alleges that Defendant Cothron

“is responsible for proper management of all institutional programs” at

Marion C.I., and that Defendant Corpening “has final authority and

responsibility for all matters occurring within the institution.” [Id.].

As injury, Plaintiff alleges that his “condition worsened” such that he

“lacks the ability to effectively amalgamate into daily activities and operations

of normal life.” [Doc. 1-1 at 5]. He further alleges that he suffered from

mental and emotional injury due to solitary confinement, delayed

rehabilitation, and being denied the opportunity to attend his father’s funeral.3

[Doc. 1-1 at 5]. Plaintiff seeks $300,000 in damages.

3 Plaintiff alleges with regards to his father’s funeral that: “Plaintiff sustained pain and

suffering where denial of services prohibited him from attending funeral arrangements of

his father as RDU sanction matrix prohibits such action. As well as emotional injury

without injury incurred did delay rehabilitation and reform and closure towards first-degree

family loss.” [Doc. 1-1 at 5].

II. STANDARD OF REVIEW

Because Plaintiff is proceeding in forma pauperis, the Court must

review the Complaint to determine whether it is subject to dismissal on the

grounds that it is “(i) frivolous or malicious; (ii) fails to state a claim on which

relief may be granted; or (iii) seeks monetary relief against a defendant who

is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see 28 U.S.C. §

1915A (requiring frivolity review for prisoners’ civil actions seeking redress

from governmental entities, officers, or employees).

In its frivolity review, a court must determine whether the Complaint

raises an indisputably meritless legal theory or is founded upon clearly

baseless factual contentions, such as fantastic or delusional scenarios.

Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Furthermore, a pro se

complaint must be construed liberally. Haines v. Kerner, 404 U.S. 519, 520

(1972). However, the liberal construction requirement will not permit a

district court to ignore a clear failure to allege facts in his complaint which set

forth a claim that is cognizable under federal law. Weller v. Dep’t of Soc.

Servs., 901 F.2d 387 (4th Cir. 1990).

III. DISCUSSION

To state a claim under § 1983, a plaintiff must allege that he was

“deprived of a right secured by the Constitution or laws of the United States,

and that the alleged deprivation was committed under color of state law.”

Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999).

A § 1983 claim can be brought against a state official in three different

capacities: in his personal capacity, his official capacity, or in a more limited

way, his supervisory capacity. King v. Rubenstein, 825 F.3d 206, 223–24

(4th Cir. 2016). For personal liability, “it is enough to show that the official,

acting under color of state law, caused the deprivation of a federal right.”

Kentucky v. Graham, 473 U.S. 159, 166 (1985). In an official-capacity suit,

however, “[m]ore is required:” the suit is “treated as a suit against the entity,”

which must then be a “‘moving force’ behind the deprivation.” King, 825 F.3d

at 223 (quoting Polk County v. Dodson, 454 U.S. 312, 326 (1981)). Thus,

the entity’s “‘policy or custom’ must have played a part in the violation of

federal law.” Id. (quoting Monell v. Dep’t of Soc. Servs. of City of New York,

436 U.S. 658, 694 (1978)). Meanwhile, a supervisor can be liable where (1)

he knew that his subordinate “was engaged in conduct that posed a

pervasive and unreasonable risk of constitutional injury;” (2) his response

showed “deliberate indifference to or tacit authorization of the alleged

offensive practices;” and (3) that there was an “affirmative causal link”

between his inaction and the constitutional injury.” Shaw v. Stroud, 13 F.3d

791, 799 (4th Cir. 1994) (internal quotation marks omitted).

It appears that Plaintiff is asserting his claims against Defendants

Jenkins, Cothron, and Corpening under a theory of supervisory liability.

However, Plaintiff fails to make any plausible allegations that any of these

Defendants knew of a pervasive risk of constitutional injury or that any of

these Defendants displayed deliberate indifference to or tacit authorization

of their subordinates’ allegedly wrongful conduct. The allegations as stated

in Plaintiff’s Complaint provide no basis for a § 1983 claim against these

Defendants, and therefore the claims against them will be dismissed without

prejudice.

To the extent that Plaintiff asserts a claim of a violation of due process,

Plaintiff does not have a federally protected liberty interest in any particular

housing or classification unless it exceeds the scope of his original sentence

and imposes an atypical and significant hardship in relation to the ordinary

incidents of prison life. See Sandin v. Conner, 515 U.S. 472 (1995).

“[C]hanges in a prisoner’s location, variations of daily routine, changes in

conditions of confinement (including administrative segregation) and the

denial of privileges … are necessarily functions of prison management that

must be left to the broad discretion of prison administrators to enable them

to manage prisons safely and efficiently.” Gaston v. Taylor, 946 F.2d 340,

343 (4th Cir. 1991) (en banc).

Plaintiff appears to allege that he was forced to participate in the RDU

without due process. This claim fails because Plaintiff had no right to any

particular classification during his imprisonment. Nor has he demonstrated

that the conditions that he experienced in the RDU presented atypical and

significant hardship in relation to the ordinary incidents of prison life. See,

e.g., James-Bey v. N.C. Dep’t of Public Safety, 2019 WL 5198490 (W.D.N.C.

Oct. 15, 2019) (dismissing procedural due process RDU claim on initial

review); Watson v. Jenkins, 2019 WL 4780860 (W.D.N.C. Sept. 30, 2019)

(same). Therefore, to the extent that Plaintiff attempts to state a due process

claim with regards to his placement in RDU, it will be dismissed.

The Eighth Amendment prohibits punishments that “involve the

unnecessary and wanton infliction of pain.” Estelle v. Gamble, 429 U.S. 97,

103 (1976) (quoting Gregg v. Georgia, 428 U.S. 153, 173 (1976)). “It not

only outlaws excessive sentences but also protects inmates from inhumane

treatment and conditions while imprisoned.” Williams v. Benjamin, 77 F.3d

756, 761 (4th Cir.1996). Prison official must provide sentenced prisoners with

adequate food, clothing, shelter, and medical care, and “take reasonable

measures to guarantee the[ir] safety….” Hudson v. Palmer, 468 U.S. 517,

526-27 (1984); see Farmer v. Brennan, 511 U.S. 825, 832-34 (1994). To

establish the imposition of cruel and unusual punishment, a prisoner must

prove two elements: (1) “the deprivation of [a] basic human need was

objectively sufficiently serious,” and (2) “subjectively the officials act[ed] with

a sufficiently culpable state of mind.” Shakka v. Smith, 71 F.3d 162, 166 (4th

Cir. 1995) (quoting Strickler v. Waters, 989 F.2d 1375, 1379 (4th Cir. 1993)

(quotation omitted)).

This constitutional guarantee encompasses a right to medical care for

serious medical needs, including psychological needs. See Estelle, 429 U.S.

at 103-04. To state a claim for deliberate indifference to a serious medical

or psychological need, a plaintiff must show that he had serious medical

needs and that the defendant acted with deliberate indifference to those

needs. Heyer v. United States Bureau of Prisons, 849 F.3d 202, 210 (4th Cir.

2017) (citing Iko v. Shreve, 535 F.3d 225, 241 (4th Cir. 2008)). A “serious

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

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

recognize the necessity for a doctor’s attention.” Iko, 535 F.3d at 241

(internal quotation marks omitted). To constitute deliberate indifference to a

serious medical need, “the treatment [a prisoner receives] must be so grossly

incompetent, inadequate, or excessive to shock the conscience or to be

intolerable to fundamental fairness.” Miltier v. Beorn, 896 F.2d 848, 851 (4th

Cir. 1990), overruled on other grounds by Farmer, 511 U.S. at 825.

However, mere negligence or malpractice does not violate the Eighth

Amendment. Miltier, 896 F.2d at 852.

First, Plaintiff appears to allege that the conditions in the RDU program

constituted cruel and unusual punishment. However, Plaintiff has failed to

describe any conditions of the RDU that are sufficiently serious to rise to the

level of an Eighth Amendment violation. Nor has Plaintiff alleged that any of

the Defendants acted with a culpable state of mind. Therefore, this claim will

be dismissed.

Second, Plaintiff appears to allege that Defendants were deliberately

indifferent to a serious psychological need by depriving him of treatment in

the TDU and failing to ensure he received his prescribed medication as

ordered. Although Plaintiff feels that RDU is unsuitable for him and he

wanted to be placed in the TDU instead, his treatment preferences do not

form the basis of a deliberate indifference claim, even if his psychological

condition is as serious as he asserts. See Wright v. Collins, 766 F.2d 841,

849 (4th Cir.1985) (a “[d]isagreement[ ] between an inmate and a physician

over the inmate's proper medical care,” has been consistently found to fall

short of showing deliberate indifference). Plaintiff’s allegation that Marion

C.I. personnel were incapable of administering his medication as prescribed

is too vague and conclusory to proceed. Plaintiff does not allege that any

Defendant personally failed to provide him with the medication as prescribed

or that they were even aware of any problems with his medication, or that

any issues with his medication were anything more than negligent.

Therefore, Plaintiff’s deliberate indifference claims will be dismissed.

The Fourteenth Amendment’s Equal Protection Clause provides that

“[n]o State shall ... deny to any person within its jurisdiction the equal

protection of the laws.” U.S. Const. Amend. XIV, § 1. The equal protection

requirement “does not take from the States all power of classification,”

Personnel Adm’r v. Feeney, 442 U.S. 256, 271 (1979), but “keeps

governmental decisionmakers from treating differently persons who are in all

relevant respects alike.” Nordlinger v. Hahn, 505 U.S. 1, 10 (1992). To

succeed on an equal protection claim, a § 1983 plaintiff “must first

demonstrate that he has been treated differently from others with whom he

is similarly situated and that the unequal treatment was the result of

intentional or purposeful discrimination.” Morrison v. Garraghty, 239 F.3d

648, 654 (4th Cir. 2001).

Plaintiff alleges, in an entirely conclusory manner, that Defendants

aided similarly situated prisoners to be transferred out of Marion C.I.

However, Plaintiff fails to identify his own psychological condition, identify

other inmates with a similar condition, or allege that any alleged

discrimination was purposeful. Therefore, Plaintiff’s equal protection claim

will be dismissed.

To state a claim under Title II of the ADA, a plaintiff must show that: (1)

he has a disability; (2) he was either excluded from participation in or denied

the benefits of some public entity’s services, programs, or activities for which

he was otherwise qualified; and (3) such exclusion, denial of benefits, or

discrimination was by reason of his disability. See Constantine v. George

Mason Univ., 411 F.3d 474, 498 (4th Cir. 2005); Baird v. Rose, 192 F.3d 462,

467 (4th Cir. 1999). States are obligated to make “reasonable modifications”

to enable the disabled person to receive the services or participate in

programs or activities. 42 U.S.C. § 12131(2).

Assuming arguendo that Plaintiff’s unspecified psychological condition

is a disability under the ADA, he has failed to allege that he is qualified to

participate in the TDU or any other program from which he was excluded, or

that such exclusion was due to his alleged disability. Plaintiff has thus failed

to set forth an ADA violation and this claim will be dismissed.

Plaintiff’s Motion for Service of Complaint [Doc. 8] will be denied as

moot because the Complaint has failed to pass initial review.

IV. CONCLUSION

In sum, Plaintiff has failed to state a claim against any Defendant. The

Court will allow Plaintiff thirty (30) days to amend his Complaint, if he so

chooses, to state a claim upon which relief can be granted. Should Plaintiff

fail to timely amend his Complaint, this action will be dismissed without

prejudice and without further notice to Plaintiff.

IT IS, THEREFORE, ORDERED that Plaintiff shall have thirty (30)

days in which to amend the Complaint in accordance with the terms of this

Order. If Plaintiff fails to amend the Complaint in accordance with this Order

and within the time limit set by the Court, this action will be dismissed without

prejudice and without further notice to Plaintiff.

IT IS FURTHER ORDERED that Plaintiff's Motion for Service of

Complaint [Doc. 8] is DENIED as moot.

IT IS SO ORDERED.

Signed: July 24, 2020

Sos

Chief United States District Judge AS

12

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