Opinion

Snellings v. Montgomery County Jail Medical Department

Court
District Court, S.D. Texas
Filed
Feb 12, 2024
Cited by
0 cases
Authority
More cited than 32.0%

The opinion

□ Southern District of Texas

ENTERED

February 14, 2024

IN THE UNITED STATES DISTRICT COURT N

athan Ochsner, Clerk

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

SIDNEY RAY SNELLINGS, §

TDCI # 02382954, §

§

Plaintiff, §

§

Vv. § Civil Action No. H-22-0687

§

ANDY EASON, et al., §

§

Defendants. §

MEMORANDUM OPINION AND ORDER

Plaintiff, a Montgomery County pretrial detainee at time of filing and currently a state

prisoner in custody of the Texas Department of Criminal Justice, filed a pro se amended

complaint under 42 U.S.C. § 1983 against nine defendants. He proceeds in forma pauperis.’

Having screened the amended complaint pursuant to 28 U.S.C.§§ 1915(e) and 1915A,

the Court DISMISSES this lawsuit without prejudice and with leave to amend for the

reasons shown below.

I. BACKGROUND AND CLAIMS

Plaintiff filed this lawsuit while he was a pretrial detainee at the Montgomery County

Jail. In his amended complaint, plaintiff names the following as defendants: Andy Eason,

‘Although plaintiff is a “three strikes” prisoner who is barred by 28 U.S.C.§ 1915(g) from

proceeding in forma pauperis in federal district and appellate courts, he did not incur his third strike

until after he filed the instant lawsuit. See Snellings v. Garcia, C.A. No. 6:23-cv-0119 (E.D. Tex.

Oct. 10, 2023) (dismissed for failure to state a claim); Snellings v. Supervisor Nichols, C.A. No.

4:22-cv-265 (S.D. Tex. Apr. 18, 2022) (dismissed as frivolous and for failure to state a claim);

Snellings v. Jennings, C.A. No. 4:15-cv-1708 (S.D. Tex. Aug. 5, 2015) (dismissed for failure to state

a claim).

Montgomery County Jail administration captain; HCA Houston Health Care of Conroe,

Texas; Imran Fayaz, a physician or physician assistant in Conroe, Texas; Christine Underhill,

nurse administrator in the Montgomery County Jail Medical Department; the Montgomery

County Sheriff's Department; the Montgomery County Jail Medical Department; Gregory

Jay Elders, a physician at HCA Houston Health Care of Conroe, Texas; Laura Fernandez, a

physician at the Woodlands Heart and Vascular Institute; and the Montgomery County

Hospital District.

Plaintiffs claims against the defendants in his amended complaint are stated in

conclusory fashion without supporting factual allegations: “denial of patient rights,”

“abuse,” “discrimination,” “harassment,” “retaliation,” “medical neglect,” “ethical decisions

resolutions,” “organized embezzlement financial billing,” “medical conspiracy business,”

“protective service declines,” “disability hazardous treatment,” “staff assault,” and “physical

mistreatment.” Plaintiff pleads no claims as to defendants Laura Fernandez, M.D., and the

Montgomery County Hospital District. Moreover, plaintiff fails to state the date that each

alleged violation of his constitutional rights occurred.

As explained below, plaintiff’s pleadings are insufficient to raise viable claims for

relief against the defendants under 42 U.S.C. § 1983 and the claims must be dismissed.

Il. ANALYSIS

A. Sections 1915(e), 1I915A

Because plaintiff is a prisoner who is proceeding in forma pauperis, the Court is

required to scrutinize his pleadings and dismiss the case if it determines that the action is

frivolous or malicious; fails to state a claim on which relief may be granted; or seeks

monetary relief against a defendant who is immune from such relief. 28 U.S.C. §

1915(e)(2)(B); 28 U.S.C. § 1915A(b)(1).

A complaint is frivolous if it lacks an arguable basis either in law or in fact. Denton

v. Hernandez, 504 U.S. 25, 31 (1992). A complaint lacks an arguable basis in law if it is

based on an indisputably meritless legal theory, such as if the complaint alleges the violation

of a legal interest which clearly does not exist. Harper v. Showers, 174 F.3d 716, 718 (Sth

Cir. 1999). “A complaint lacks an arguable basis in fact if, after providing the plaintiff the

opportunity to present additional facts when necessary, the facts alleged are clearly baseless.”

Talib v. Gilley, 138 F.3d 211, 213 (Sth Cir. 1998) (citation omitted).

B. Pleading Requirements

To determine under sections 1915A and 1915(e) whether a complaint states a viable

claim for relief, courts apply the same standard used for dismissal under Federal Rule of

Civil Procedure 12(b)(6). Hart v. Hairston, 343 F.3d 762, 763-64 (Sth Cir. 2003). To avoid

dismissal for failure to state a claim, the factual allegations in the complaint must be

sufficient to raise a right to relief above the speculative level. Bell Atlantic Corp. v.

Twombly, 550 U.S. 544, 555 (2007). If the complaint has not set forth enough facts to state

a claim to relief that is plausible on its face, it must be dismissed. Jd. at 570. A reviewing

court must accept all well-pleaded facts as true and construe the complaint in the light most

favorable to the plaintiff. Heinze v. Tesco Corp., 971 F.3d 475, 479 (Sth Cir. 2020). But the

court need not accept as true conclusory allegations, unwarranted factual inferences, or legal

conclusions. Id. That is, “[t]hreadbare recitals of the elements of a cause of action, supported

by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

The screening requirements must be read in conjunction with Federal Rule of Civil

Procedure 8(a), which requires “a short and plain statement of the claim showing that the

pleader is entitled to relief.” Twombly, 550 U.S. at 555. Rule 8(a) does not require detailed

factual allegations, but it demands more than unadorned “the defendant unlawfully harmed

me” types of accusations. JIgbal, 556 U.S. at 678. A pleading offering “labels and

conclusions” or a “formulaic recitation of the elements of a cause of action” will not suffice,

nor will a complaint which provides only “naked assertions” that are “devoid of further

factual enhancement.” Jd.

Because plaintiff proceeds pro se in this lawsuit, his pleadings are held to “less

stringent standards than formal pleadings drafted by lawyers.” Haines v. Kerner, 404 U.S.

509, 520 (1972) (per curiam). Nevertheless, even under this lenient standard plaintiff must

allege sufficient facts which, when taken as true, state a claim for relief that is plausible on

its face. See Legate v. Livingston, 822 F.3d 207, 210 (Sth Cir. 2016). “[E]ven for pro se

plaintiffs conclusory allegations or legal conclusions masquerading as factual conclusions

will not suffice to state a claim for relief.” Coleman v. Lincoln Par. Det. Ctr., 858 F.3d 307,

309 (5th Cir. 2017) (cleaned up).

C, Claims Against Non-State Actors

Plaintiff proceeding under 42 U.S.C. § 1983. Section 1983 creates a cause of action

against any person who, acting under color of state law, causes another to be deprived of a

federally protected constitutional right. Gomez v. Toledo, 446 U.S. 635, 640 (1980); Phillips

vy. Monroe County, 311 F.3d 369, 373 (5th Cir. 2002). Thus, two allegations are required in

order to state a cause of action under section 1983. First, the plaintiff must allege that some

person has deprived him of a federal right. Second, he must allege that the person who has

deprived him of that right acted under color of state law; that is, the person was a state actor.

Gomez, 446 U.S. at 640.

Among the defendants named by plaintiffin his amended complaint are HCA Houston

Health Care of Conroe, Texas; Imran Fayaz, a physician or physician assistant in Conroe,

Texas; Gregory Jay Elders, a physician at HCA Houston Health Care of Conroe, Texas; and

Laura Fernandez, a physician at the Woodlands Heart and Vascular Institute.

Plaintiff pleads no factual allegations demonstrating that these defendants were state

actors acting under color of state law for purposes of liability under section 1983. He further

pleads no factual allegations establishing that each of these defendants violated one or more

of his constitutional rights and the dates that each violation occurred. Plaintiff fails to state

a viable claim for relief under section 1983 as to these defendants.

Plaintiff's claims against Imran Fayaz, Gregory Jay Elders, Laura Fernandez, and

HCA Houston Health Care of Conroe, Texas, are DISMISSED without prejudice and with

leave to amend.

D. Claims Against Non-Sui Juris Defendants

Plaintiff also names as defendants the Montgomery County Sheriff's Department and

the Montgomery County Jail Medical Department. However, these entities lack legal

capacity to be sued and cannot be named as defendants in this lawsuit. See Aguirre v. Harris

County Sheriff's Office, C. A. No. H-11-3440, 2012 WL 6020545, at *2 (S.D. Tex. Nov. 30,

2012); Lane v. Harris County Jail Medical Dep’t, C. A. No. H-06-0875, 2006 WL 2868944,

at *7 (S.D. Tex. Oct. 5, 2006); see also Potts v. Crosby Ind. Sch. Dist., 210 F. App’x 342,

344-45 (5th Cir. 2006) (per curiam) (upholding dismissal of claims against the Harris County

Sheriff's Department as it lacked the capacity to be sued).

Plaintiff's claims against the Montgomery County Sheriff's Department and the

Montgomery County Jail Medical Department are DISMISSED without prejudice and with

leave to amend.

E. Claims Against Jail Employees

Plaintiff names jail employees Andy Eason and Christine Underhill as additional

defendants in this lawsuit. However, plaintiffpleads only conclusory assertions against these

defendants and fails to plead factual allegations sufficient to raise viable claims for relief

under section 1983. He further fails to plead the dates that each claim arose.

Plaintiffs claims against Andy Eason and Christine Underhill are DISMISSED

without prejudice and with leave to amend.

F, Claims Against the Montgomery County Hospital District

Plaintiff lists the Montgomery County Hospital District as a defendant. However, he

pleads no factual allegations sufficient to raise viable claims for relief against it under section

1983, nor does he plead the date that the claims arose.

Plaintiffs claims against the Montgomery County Hospital District are DISMISSED

without prejudice and with leave to amend.

G. Leave to Amend

The Court grants plaintiff leave to file a second amended complaint so that he may

plead non-conclusory factual allegations (including dates or approximate dates that each

claim arose) sufficient to raise viable claims for relief against the defendants under section

1983. The second amended complaint must cure the pleading defects set forth by the Court

in this order, be submitted on the standardized civil complaint form for use by pro se

prisoners, be clearly labeled “second amended complaint,” and be filed under the instant case

number. All relevant factual allegations must be set forth in the second amended complaint;

plaintiff may not refer the Court to his earlier pleadings.

If the Court does not receive a timely-filed second amended complaint, a final

judgment will be entered dismissing this lawsuit for failure to state a viable claim for relief.

If. CONCLUSION

For the above reasons, the Court ORDERS as follows:

1. This lawsuit is DISMISSED WITHOUT PREJUDICE under 28 U.S.C. §§

1915A(b) and 1915(e)(2)(B) for plaintiff’ s failure to state a viable claim for which relief may

be granted under section 1983.

2. Plaintiff is GRANTED LEAVE to file a second amended complaint within

THIRTY DAYS from date of this order.

3. This lawsuit will be dismissed should plaintiff fail to file a timely second

amended complaint curing the pleading defects set forth by the Court in this order.

4, This is an interlocutory order.

, Ye

Signed at Houston, Texas, on this the LZ day of February, 2024.

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KEITH P. ELLISON

UNITED STATES DISTRICT JUDGE

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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