Opinion

White v. Murphy

Court
District Court, M.D. Florida
Filed
Mar 3, 2025
Cited by
0 cases
Authority
More cited than 34.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

JAMES PATRICK WHITE,

Plaintiff,

v. Case No.: 2:25-cv-75-SPC-KCD

OFFICER MURPHY and

ROMONA BADER,

Defendants.

/

OPINION AND ORDER

Before the Court is Plaintiff James Patrick White’s Complaint (Doc. 1).

White is a prisoner of the Florida Department of Corrections, and he sues two

prison officials—officer Murphy and nurse Ramona Bader—under 42 U.S.C. §

1983. United States Magistrate Judge Kyle Dudek granted White 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).

White alleges that while he was in the shower, officer Murphy punched

him, and he fell. As a result, White cut his foot on the shower door and hit the

back of his head. Another officer named Brown took White to the medical

examination room, where Bader asked if he had any injuries. Brown said, “Oh,

I’m quite sure he’s OK. Am I right, White? There’s no need to make this

situation worse than it already is.” White asked if he would be in trouble, and

Brown responded, “That depends on you.” (Doc. 1 at 4). Bader did not

intervene or get up to examine the cut on White’s foot. White was then escorted

back to his cell.

White sues Murphy for excessive force, but he does not state the legal

basis for his claim against Bader. Presumably, White sues Bader for deliberate

indifference to a serious medical need. But the alleged facts are not sufficient

to support such a claim. 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 is akin to subjective recklessness as used in criminal

law. To establish deliberate indifferent, 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).

White alleges Bader failed to physically get up to examine the “nice size

gash” on his left foot and ankle. (Doc. 1 at 4-5). That is not enough to state an

Eighth Amendment claim. White does not plausibly allege that the cut on his

foot was a serious medical need or that Bader was subjectively aware that her

failure to examine the foot would cause White serious harm, nor does White

allege that he actually suffered any harm as a result of Bader’s conduct. The

Court will thus dismiss White’s claim against Bader.

Accordingly, it is

ORDERED:

Plaintiff James Patrick White’s claim against Ramona Bader is

DISMISSED without prejudice. The Clerk is DIRECTED to terminate

Bader as a party to this case.

DONE and ORDERED in Fort Myers, Florida on March 3, 2025.

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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