Opinion

Joseph Dauzat v. Bessie Carter

Court
Court of Appeals for the Fifth Circuit
Filed
Feb 7, 2019
Status
Unpublished
Nature of suit
Prisoner w/ Counsel
Cited by
0 cases
Authority
More cited than 7.0%

The opinion

Case: 18-30610 Document: 00514826775 Page: 1 Date Filed: 02/07/2019

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

United States Court of Appeals

Fifth Circuit

FILED

No. 18-30610 February 7, 2019

Lyle W. Cayce

JOSEPH DAUZAT, Clerk

Plaintiff - Appellee

v.

BESSIE CARTER, RN - CCN/M - Director of Nursing; LAURA BUCKLEY,

LPN; CASEY MCVEA, Doctor,

Defendants - Appellants

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:14-CV-239

Before CLEMENT, OWEN, and HO, Circuit Judges.

PER CURIAM:*

This is the second time that the defendants have appealed the district

court’s denial of qualified immunity. The district court initially denied

immunity at the motion to dismiss stage. That decision was affirmed by this

court on interlocutory appeal. See Dauzat v. Carter, 670 F. App’x 297 (5th Cir.

2016) (per curiam). Following discovery, the defendants again claimed

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH

CIR. R. 47.5.4.

Case: 18-30610 Document: 00514826775 Page: 2 Date Filed: 02/07/2019

No. 18-30610

immunity at the summary judgment stage. The district court again denied

their motion. The defendants now seek interlocutory review for a second time.

Constrained by our first ruling, we again affirm.

The crux of Joseph Dauzat’s § 1983 claim is that the defendants—two

nurses and a doctor at the prison where Dauzat is incarcerated—were

deliberately indifferent to his medical needs. On their first appeal, the

defendants argued that Dauzat “did not allege facts indicating that their

actions rose to the level of egregious intentional conduct required to satisfy the

deliberate indifference standard.” See id. at 298. A separate panel of this court

disagreed, explaining how the allegations against each defendant were

sufficient to state a claim.

As to Nurse Buckley, the panel held:

Dauzat complained of symptoms that should have put Buckley on

alert to a serious medical condition that was “so apparent that

even a layman would recognize that care [was] required.” See

Gobert v. Caldwell, 463 F.3d 339, 345 n.12 (5th Cir. 2006). Further,

Buckley’s failure to refer Dauzat to a physician was not objectively

reasonable conduct.

Id.

With respect to Doctor McVea, the panel held:

The district court did not err in denying Dr. McVea’s motion to

dismiss based on the court’s determination that Dauzat stated an

Eighth Amendment claim and that a reasonable physician in Dr.

McVea’s position would understand that the failure to provide

physical therapy as ordered violated Dauzat’s clearly established

constitutional right.

Id.

And finally, with respect to Nurse Carter, the panel held:

As the Director of Nursing, Carter was aware that the wellness

program was run by inmates and was not the equivalent of the

physical therapy ordered by the neurosurgeon for Dauzat.

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No. 18-30610

[Accordingly, t]he district court did not err in denying Carter’s

motion to dismiss based on qualified immunity as the court

determined that Dauzat had stated a valid Eighth Amendment

claim and that a reasonable nurse in Carter’s position would have

understood that the failure to provide physical therapy as ordered

violated Dauzat’s clearly established constitutional right.

Id.

The defendants continue to believe that their conduct did not violate

clearly established law. Even viewing the evidence in the light most favorable

to Dauzat and drawing all reasonable inferences in his favor, they contend

their behavior was objectively reasonable. And by the defendants’ own

admission, “[t]he facts which are disputed are minor and immaterial to the

question of qualified immunity before the Court.” And so this court is presented

with purely legal issues. The “core of the question” presented by this appeal,

as the defendants characterize it, is whether the district court “incorrectly

identified the particular constitutional rights at issue in this case for the

purpose of the qualified immunity analysis.”

The only problem with the defendants’ position is that this court cannot

endorse it without overruling the prior panel. Although discovery has occurred,

the facts adduced do not differ meaningfully from the facts this court assumed

to be true at the motion to dismiss stage. There have been no groundbreaking

discoveries or revelations. Excepting two instances, the parties largely agree

on what occurred. The new evidence relied on by the defendants operates

mainly as an attempt to explain and rationalize their behavior. The material

facts recited by the district court in its original opinion denying qualified

immunity at the motion to dismiss stage remain almost entirely unrebutted.

Now, as then, the essential disagreement between the parties is whether

those facts provide Dauzat with a viable § 1983 claim. The district court and

the original appellate panel sided with Dauzat. “The law-of-the-case doctrine

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No. 18-30610

generally provides that when a court decides upon a rule of law, that decision

should continue to govern the same issues in subsequent stages in the same

case.” Musacchio v. United States, 136 S. Ct. 709, 716 (2016) (internal

quotation marks and citations omitted). Accordingly, the defendants’

arguments are foreclosed.

As a final note, to address the defendants’ concern that the court’s ruling

in this case—if allowed to stand—will have far-reaching negative

consequences, we are not troubled. The defendants argue that upholding the

interpretation already embraced by the previous panel will provide inmates

with a new constitutional right to immediate attention by a doctor and a right

to continuous off-site or professional medical care. But the summary calendar

opinion that affirmed the district court on the prior appeal was unpublished

and is therefore without precedential effect (except insofar as the law-of-the-

case operates on this dispute). See 5th Cir. R. 47.5.4. Moreover, its terse

approval of the magistrate’s opinion contains little reasoning that would

enable future courts to follow its lead. In short, the panel’s opinion will have

no effect beyond the present case.

AFFIRMED.

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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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