Opinion

Virtue v. Yes Care LLC

Court
District Court, M.D. Florida
Filed
Feb 14, 2025
Cited by
0 cases
Authority
More cited than 34.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

NATHAN LYNN VIRTUE,

Plaintiff,

v. Case No.: 2:25-cv-63-SPC-NPM

YES CARE LLC et al.,

Defendants.

/

OPINION AND ORDER

Before the Court is Plaintiff Nathan Lynne Virtue’s Complaint (Doc. 1).

Virtue is a pretrial detainee in the Charlotte County Jail, and he sues officials

and entities involved in operation of the jail under 42 U.S.C. § 1983. United

States Magistrate Judge Nicholas Mizell granted Virtue leave to proceed in

forma pauperis, so the Court must review the Complaint sua sponte to

determine whether it is frivolous or malicious, fails to state a claim, or seeks

monetary damages against a party who is immune from such relief. See 28

U.S.C. 1915(e)(2).

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 Cnty., 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 Cnty., Ala., 268 F.3d 1014, 1059

(11th Cir. 2001).

Virtue has been diagnosed with borderline personality disorder, anxiety,

depression, PTSD, and ADHD. Virtue had his medications on him when he

was arrested on August 22, 2024. He told an intake nurse named Sherry—a

Jane Doe defendant in this case—who informed Virtue the medications would

not be returned to him. On August 26, 2024, Virtue started submitting about

three to five sick call requests a week about panic attacks, anxiety, depression,

and his lack of medication. He always received the same response—“You are

on the list to see the Dr.” (Doc. 1 at 6). While in general population, Virtue

attempted to hang himself and was moved to the psych unit for five days, but

he still was not provided medication to treat his mental health issues.

On September 18, 2024, Virtue saw Dr. Andrew Safron and reported he

was sent to the emergency room ten days earlier for hypertension caused by a

panic attack. Safron told Virtue he did not need medication and recommended

he say the serenity prayer. Virtue was sent back to the general population

without medication. Virtue continued to write sick call requests. He received

a response from nurse Sabrina—another Jane Doe defendant—and she came

to the pod to meet with Virtue. Sabrina said she could clearly see Virtue was

having mental health issues, and she said she would talk to the doctor. Virtue

was prescribed Vistaril, but it was ineffective. He continued to file sick call

requests.

Virtue met with nurse Sabrina again on October 28, 2024. She said she

could see the medication did not help and had Virtue transferred to the medical

unit until he could see Dr. Safron. On November 6, 2024, Safron agreed Virtue

needed medication and prescribed one of the medications Virtue was on before

his arrest—Remeron—but in a lower dose. It was ineffective. Virtue continues

to submit sick call requests, and he is always told that he is on the list.

Since being incarcerated, Virtue has developed a stutter and tics, and he

has started hearing voices. Virtue blames Yes Care—which presumably

provides medical care to inmates under contract with the county—for not

employing adequate staff. He claims some inmates have been on the list to

receive treatment for more than six months. Virtue also claims the jail does

not take mental health seriously.

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.

Pretrial detainees, like prisoners, have a right to medical treatment, and

deliberate indifference to a detainee’s serious medical needs is a constitutional

violation. Christmas v. Nabors, 76 F.4th 1320, 1335 (11th Cir. 2023). Their

right to medical treatment arises under the Fourteenth Amendment rather

than the Eighth Amendment, but the legal standard is the same. Id. at 1331.

To state a claim for deliberate indifference, a detainee must allege (1) he had

a medical need, (2) the defendants exhibited deliberate indifference to that

need, and (3) the defendants’ deliberate indifference caused the detainee’s

injury. Id. at 1335.

For purposes of a deliberate indifference claim, mental health needs are

no less serious than physical needs. Thomas v. Bryant, 614 F.3d 1288, 1312

(11th Cir. 2010). Virtue has plausibly alleged that he has serious mental

health needs.

Deliberate indifference is akin to subjective recklessness as used in

criminal law. To establish deliberate indifference, a plaintiff “must show that

the defendant was actually, subjectively aware that his own conduct caused a

substantial risk of serious harm to the plaintiff.” Wade v. McDade, 106 F.4th

1251, 1262 (11th Cir. 2024). A difference in medical opinion does not constitute

deliberate indifference. Hernandez v. Sec’y Fla. Dep’t of Corr., 611 F. App’x

582, 584 (11th Cir. 2015). Nor does the exercise of medical judgment by a care

provider. Id. Medical treatment violates the constitution “only when it is so

grossly incompetent, inadequate, or excessive as to shock the conscience or to

be intolerable to fundamental fairness.” Id.

Virtue has not stated a claim against the defendants identified as Jane

Doe (Sherry) or Jane Doe (Sabrina). The only allegation against Sherry is that

she told Virtue during his intake exam that he would not be given the

medications he was arrested with. That is not enough to state a claim for

deliberate indifference. As for Sabrina, Virtue alleges she evaluated him twice,

saw a need for treatment both times, and ensured he received it. The fact that

Virtue disagrees with the treatment he ultimately received does not give rise

to a deliberate indifference claim.

Virtue also fails to state a claim against Charlotte County Jail or

Charlotte Behavioral Health. His only allegation against the jail is that it does

not consider mental health issues to be disabilities and does not adequately

screen for them. Those allegations are far too vague to state a plausible claim.

Virtue’s complaint does not explain what Charlotte Behavioral Health is, nor

does it make any allegations against it.

The Court will dismiss Virtue’s claims against the Jane Doe defendants,

Charlotte County Jail, and Charlotte County Behavioral Health. This action

may proceed against Yes Care and Safron.

Accordingly, it is

ORDERED:

Plaintiff Nathan Lynne Virtue’s claims against the Jane Doe defendants

(Sherry and Sabrina), Charlotte County Jail, and Charlotte Behavioral Health

are DISMISSED without prejudice. The Clerk is DIRECTED to terminate

them as parties to this case. The only remaining defendants are Yes Care LLC

and Andrew Safron.

DONE and ORDERED in Fort Myers, Florida on February 14, 2025.

UNITED STATES DISTRICTJUDGE

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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