Opinion

Shafer v. Sanchez

Court
District Court, S.D. Texas
Filed
Jul 13, 2023
Cited by
0 cases
Authority
More cited than 32.0%

The opinion

USNOIUTETDH ESRTNA TDEISS TDRIISCTTR IOCFT T CEOXUARST July 13, 2023

CORPUS CHRISTI DIVISION Nathan Ochsner, Clerk

RICHARD SCOTT SHAFER, §

§

Plaintiff, §

§

VS. § CIVIL ACTION NO. 2:22-CV-00049

§

JERRY SANCHEZ, et al., §

§

Defendants. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION

AS SUPPLEMENTED ON PENDING MOTIONS TO DISMISS

Pending before the Court are Defendants’ motions to dismiss Plaintiff’s claims in

whole or in part. D.E. 62, 63, 64, 65. On May 5, 2023, United States Magistrate Judge

Julie K. Hampton issued a Memorandum and Recommendation on Pending Motions to

Dismiss (M&R, D.E. 97), recommending dismissal of some, but not all, claims. Plaintiff

Shafer timely filed his objections (D.E. 100) on May 17, 2023. Defendant Sanchez filed

his objections (D.E. 103) on May 19, 2023. Plaintiff then responded to Defendant

Sanchez’s objections. D.E. 104. The Court addresses each motion and its respective

objection(s) in turn.

A. Defendants Sanchez and Johnson’s Motion to Dismiss Pursuant

to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).1 D.E. 62.

Damages. There were no objections to the dismissal without prejudice of the claims

for monetary damages against these Defendants in their official capacities pursuant to the

1 Plaintiff objects to a clerical error in the recitation of the facts related to Defendant Sanchez. D.E. 100, p. 3. In

particular, the M&R recites that “Warden Sanchez did not receive a response to this letter, and no corrective action

1 / 9

Eleventh Amendment. However, both Plaintiff and Defendant Sanchez objected to the

recommended disposition of the remaining claims addressed in this motion.

Defendant Sanchez in his Official Capacity. The M&R recommends denial of

the motion in part and retention of the official capacity claims against Defendant Sanchez.

Defendant Sanchez objects, arguing that the Magistrate Judge applied the wrong standard

and that the allegations do not support the findings necessary under the correct standard.

D.E. 103, p. 4 (citing Valentine v. Collier, 993 F.3d 270, 281 (5th Cir. 2021)). The M&R

correctly recites the Valentine standard for the official capacity claims as addressing

whether Defendant Sanchez (1) had knowledge of the complaint and (2) recklessly failed

to respond. D.E. 97, pp. 23-24. The M&R then states that Shafer’s allegations regarding

his informal letters to Defendant Sanchez were sufficient to put him on notice of the claims

of excessive heat and pest infestations, to which Defendant Sanchez offered no response.

First, Defendant Sanchez argues that the Valentine test does not ask whether he was

aware of the heat and pest conditions, but whether he was aware of the unconstitutional

acts of his staff in that regard. D.E. 103, pp. 3-4. But Defendant Sanchez’s own objections

recite that Plaintiff’s letters described the failure of the staff to provide relief from the heat

and pests:

Here, Shafer alleges he, “wrote the [u]nit [w]arden about the

issue with officers not following the rules set out in AD-10.64,

which are the [h]eat-mitigation measures,” and, “filed a

complaint, by [i]nmate [r]equest form, advising Warden

Sanchez of the terrible infestations of rats, cockroaches and

was taken . . . .” D.E. 97, p. 22. The Court notes that it was Plaintiff, not Warden Sanchez, who did not receive a

response. The correction of this clerical error does not affect the analysis.

2 / 9

pwoeirsen,o “inuer v[esri cre] sparoancdneidd st o[ asincd] nion ctohrer ePctliavine taifcft’iso nc welal,s” tawkheinc.h”

D.E. 103, p. 4. This adequately alleges that Plaintiff complained of the unconstitutional

failure to act of prison staff members in response to unsafe conditions.

Second, Defendant Sanchez complains that it is not the content of the letters, but the

fact that the notice was allegedly provided only by informal letters and request forms,

which are insufficient. D.E. 103, p. 4 (citing Johnson v. Johnson, 385 F.3d 503, 526 (5th

Cir. 2004)). But that is not exactly what the Johnson opinion stated. In full context, the

court wrote:

Like all prison officials, these supervisory defendants have a

duty to take reasonable measures to protect inmates. Yet given

the size of the operation that they oversee, they cannot be

expected to intervene personally in response to every inmate

letter they receive. The record in this case shows that they

responded to Johnson's complaints by referring the matter for

further investigation or taking similar administrative steps.

This was a reasonable discharge of their duty to protect the

inmates in their care.

Id. (citation omitted; emphasis added). According to Plaintiff’s allegations, Defendant

Sanchez did nothing in response to the notice he was given. While Sanchez was not

required to personally intervene, he was required to do something to either determine that

no constitutional violation was occurring or take reasonable steps, through delegation or

otherwise, to address it. Johnson does not stand for the proposition that wardens can

lawfully ignore letters and requests.

The allegations are therefore adequate to state a claim under the Valentine test for

Warden Sanchez’s deliberate indifference in his official capacity. For that reason, his

3 / 9

objections are OVERRULED. The Court supplements the M&R’s analysis, above, to

more completely address the Valentine test under the facts alleged here.

Defendants Sanchez and Johnson in their Individual Capacities. Plaintiff states

a number of objections to the recommended dismissal of these claims.

First, Plaintiff asserts that both Defendants were personally involved in

unconstitutional conduct. D.E. 100, pp. 2, 3-4. In this regard, he does not claim that they

personally denied him respite care from the heat or that they personally created the pest

infestation or personally breached a duty to mitigate it. Rather, he complains of Defendant

Sanchez’s failure to intervene after others violated his constitutional rights and Defendant

Johnson’s failure to escalate his grievances. Because, as the M&R sets out, individual

liability must be based on personal actions that violate the constitution and because

Plaintiff’s constitutional complaints address the heat respite and pest issues, his personal

involvement allegations are not consistent with his legal theory. The objection is

OVERRULED.

Second, Plaintiff objects because Defendant Sanchez was notified of his complaints.

D.E. 100, p. 2. While notification may trigger a duty to act in an official capacity (as

addressed above), the law is clear that individual capacity claims cannot be based on

vicarious liability or respondeat superior. See M&R, D.E. 97, p. 19 (citing cases). Thus,

notice of another party’s constitutional violation does not support an individual capacity

claim against another. The objection is OVERRULED.

Third, Plaintiff objects, claiming that Defendant Sanchez failed to train or supervise

the officers who denied him respite care after he was notified of the problem. D.E. 100, p.

4 / 9

2. This argument fails to address deliberate indifference in an individual capacity and the

Court is not dismissing the claim against Defendant Sanchez in his official capacity.

Regardless,

“for a supervisor to be liable for failure to train, the focus must

be on the adequacy of the training program in relation to the

tasks the particular officers must perform.” Roberts v. City of

Shreveport, 397 F.3d 287, 293 (5th Cir.2005) (quotations and

citation omitted). Moreover, “for liability to attach based on an

‘inadequate training’ claim, a plaintiff must allege with

specificity how a particular training program is defective.” Id.

Goodman v. Harris Cnty., 571 F.3d 388, 395 (5th Cir. 2009).

Plaintiff has not included any legal or factual allegations in his amended complaint

that are necessary for a claim for failure to train or supervise. D.E. 56. To the extent that

the objection is directed against Defendant Sanchez in his individual capacity, it fails to

properly allege actionable deliberate indifference. Moreover, the allegations are factually

insufficient regarding any defect in the training program. The objection is OVERRULED.

Fourth, Plaintiff argues that the Magistrate Judge erred in stating that Plaintiff has

no liberty interest in the grievance process to support a constitutional claim. D.E. 100, p.

3. He claims that the Prison Litigation Reform Act changed the law in this regard by

imposing a requirement to exhaust administrative remedies before filing suit. This

objection fails to address the multiple cases cited by the Magistrate Judge in her analysis.

It is further contrary to the law.

“While exhaustion of the grievance process is a necessary prerequisite to raising a

claim in federal court, [the inmate] has no protected liberty interest in the grievance process

itself.” Bell v. Avila, No. 4:11-CV-4238, 2013 WL 11730661, at *3 (S.D. Tex. June 25,

5 / 9

2013). And the objection is conclusory, which is not permitted. Fed. R. Civ. P. 72(b)(2);

Malacara v. Garber, 353 F.3d 393, 405 (5th Cir. 2003). The objection is OVERRULED.

Fifth, Plaintiff appears to argue that qualified immunity does not apply because the

duty to provide respite care from the heat is “clearly established.” D.E. 100, p. 4. While

he states this proposition with respect to all of the Defendants, the only ones to whom the

Magistrate Judge applied qualified immunity were Defendants Sanchez and Johnson. See

D.E. 97, pp. 25-27. The basis for granting the defense was that Plaintiff had failed to

establish that these Defendants had violated his constitutional rights. Plaintiff’s conclusory

assertion that he had a right to respite care does not address his failure to show that these

Defendants violated that right. Consequently, the objection is inadequate to address the

liability theories in the case. It is OVERRULED.

B. Defendants Montoya and Garner’s Partial Motion to

Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1).2 D.E. 63

There are no objections to the M&R’s recommendation to grant this motion and

dismiss without prejudice Plaintiff’s requests for monetary damages against Defendants

Montoya and Garner in their official capacities pursuant to the jurisdictional limits imposed

on federal courts by the Eleventh Amendment to the United States Constitution. The

recommended disposition will be adopted.

2 Plaintiff Shafer contends that Defendants Montoya and Nino engaged in criminal conduct unrelated to the

allegations in this case. D.E. 100, p. 5. His character complaints are not relevant to the M&R’s analysis and are

disregarded.

6 / 9

C. DPuefresnudaannt tt oL Fuemdpekrainl ’Rs uMleo otifo Cn itvoi lD Pirsomciesds u re 12(b)(6). D.E. 64.

Plaintiff’s objections include a reference to Lumpkin’s personal involvement in the

facts that provide the basis for the claims against him. D.E. 100, p. 1. However, the Court

does not construe this reference as an objection because the issue is moot. The M&R

recommends that the Court deny this motion, preserving the claims for declaratory and

injunctive relief based on Defendant Lumpkin’s alleged deliberate indifference and

personal involvement.

To the extent that the M&R recommends that the Court sua sponte dismiss any

claims against Defendant Lumpkin in his official capacity pursuant to the Eleventh

Amendment limitation on the Court’s jurisdiction, no objections were filed. Consequently,

the Court will adopt these recommended claim dispositions as to Defendant Lumpkin.

D. Defendants Gamez, Reyes, Nino’s Partial Motion to Dismiss

Pursuant to Federal Rule of Civil Procedure 12(b)(1). D.E. 65.

Construed liberally, Plaintiff’s only objection to the recommended grant of this

motion is that Defendants Reyes and Nino had “no authority to deny respite” from the heat.

D.E. 100, p. 4. In other words, they could be ordered to provide respite. This appears to

controvert the M&R’s recommended holding that Plaintiff did not have standing because

these Defendants could not provide the relief he requested. However, Plaintiff’s second

amended complaint seeks only two types of injunctive relief: the increase of pest control3

3 While Plaintiff mentions that he believes Defendant Nino had “authority to order an emergency pest [s]praying to

the Plaintiff's cell and pipechase,” he acknowledges that the only claim he stated against Nino was related to respite

from heat. D.E. 100, p. 4. See also, D.E. 56 (making no reference to Nino knowing about or failing to exercise any

authority to address pest infestations).

7 / 9

and the installation of air-conditioning units. D.E. 56, p. 10. Therefore, the objection does

not address the relief requested in the complaint and is ineffective to demonstrate standing.

The objection is OVERRULED. The Court will adopt the recommended disposition of

this motion.

E. Sua Sponte Dismissal of Unknown Officer

The Magistrate Judge recommends dismissal without prejudice of all claims against

the defendant listed as “Unknown McConnell Unit Officer.” There are no objections to

this recommendation and it will be adopted.

CONCLUSION

Having reviewed the findings of fact, conclusions of law, and recommendations set

forth in the Magistrate Judge’s Memorandum and Recommendation, as well as the parties’

objections, and all other relevant documents in the record, and having made a de novo

disposition of the portions of the Magistrate Judge’s Memorandum and Recommendation

to which objections were specifically directed, the Court OVERRULES each of the

objections and ADOPTS as its own the findings and conclusions of the Magistrate Judge,

as supplemented. Accordingly, the Court:

• GRANTS IN PART and DENIES IN PART the Motion to Dismiss filed by

Warden Sanchez and Johnson (D.E. 62). This motion is GRANTED to the

extent that:

o Plaintiff’s deliberate indifference claims against Warden Sanchez in his

individual capacity are DISMISSED WITH PREJUDICE as frivolous

and/or for failure to state a claim for relief;

o Plaintiff’s deliberate indifference claims against Johnson in her

individual and official capacities are DISMISSED WITH PREJUDICE

as frivolous and/or for failure to state a claim for relief; and

8 / 9

o Warden Sanchez and Johnson are entitled to qualified immunity with

respect to Plaintiff's deliberate indifference claims against them in their

individual capacities.

The motion is further DENIED insofar as the Court RETAINS Plaintiff's

deliberate indifference claim against Warden Sanchez in his official capacity for

injunctive relief.

e GRANTS the Partial Motion to Dismiss filed by Montoya and Garner (D.E. 63)

and Plaintiff's claims for money damages against Montoya and Garner in their

official capacities are DISMISSED WITHOUT PREJUDICE as barred by the

Eleventh Amendment.

e DENIES Director Lumpkin’s Motion to Dismiss (D.E. 64) and RETAINS

Plaintiffs deliberate indifference claim against Director Lumpkin in his official

capacity for injunctive relief.

e Pursuant to § 1915(e)(2)(B), DISMISSES WITHOUT PREJUDICE

Plaintiff's claims seeking punitive damages against Director Lumpkin in his

official capacity as barred by the Eleventh Amendment.

e GRANTS the Partial Motion to Dismiss filed by Gamez, Reyes, and Nino (D.E.

65) and

o Plaintiffs claims for money damages against Gamez, Reyes, and Nino in

their official capacities are DISMISSED WITHOUT PREJUDICE as

barred by the Eleventh Amendment; and

o Plaintiffs claims seeking injunctive relief against Gamez, Reyes, and

Nino are DISMISSED WITHOUT PREJUDICE for lack of standing.

e DISMISSES WITHOUT PREJUDICE the defendant listed as Unknown

McConnell Unit Officer.

ORDERED on July 13, 2023.

ipl GONZAIGS RAMOS

UNITED STATES DISTRICT JUDGE

9/9

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.