Bruce Rogers v. Shawna Boatright
2013 U.S. App. LEXIS 3611
| 5th Cir. | 2013Background
- Rogers, a Texas prisoner, filed a pro se civil rights complaint in district court under 42 U.S.C. § 1983.
- Defendants included corrections officers Jose L. Garcia, Jr., Herbert J. Garcia, and supervisor Shawna T. Boatright.
- Rogers alleges he sustained serious injuries when a prison van stopped abruptly and received inadequate medical care.
- He contends Garcia drove the van recklessly while Rogers was shackled with no seatbelt, causing injury and delaying treatment.
- The district court screened the complaint, found it frivolous and failing to state a claim, and sua sponte dismissed under 28 U.S.C. § 1915(e)(2)(B).
- Rogers appealed, and the Fifth Circuit reversed in part, affirmed in part, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Garcia's alleged deliberate indifferenceStandard applies | Rogers argues Garcia acted with deliberate indifference by driving recklessly | Garcia contends there was no cognizable Eighth Amendment claim at pleading stage | Remanded; claim may proceed to trial on the Eighth Amendment grounds |
| Whether Rogers’s denial of medical care claim was properly dismissed | Rogers asserts delay and disregard of a physician's orders violated Eighth Amendment rights | Officers did not exhibit deliberate indifference; care was provided | Affirmed; no deliberate indifference shown at screening |
| Whether dismissal at screening without leave to amend was proper | Rogers should have been allowed to amend to clarify theories and facts | Amendment would be futile given the record | Remand on other issues; court erred in dismissing claims at initial screening for the deliberate indifference theory |
| Whether Rogers waived claims against Shawna Boatright by not briefing | Boatright’s involvement was not adequately briefed | Waiver due to lack of argument | Claims against Boatright waived; not addressed on the merits |
Key Cases Cited
- Crumbliss v. Darden, 469 Fed.Appx. 325 (5th Cir.2012) (unpublished; rejection of deliberate indifference without reckless facts at summary stage)
- Cooks v. Crain, 327 Fed.Appx. 493 (5th Cir.2009) (unpublished; seatbelt claims lacking explicit, ongoing harm)
- Bell v. Norwood, 325 Fed.Appx. 306 (5th Cir.2009) (unpublished; lack of constitutional rights from transport without seatbelts)
- Jabbar v. Fischer, 683 F.3d 54 (2d Cir.2012) (seatbelts alone not a constitutional violation; relevance to causation/knowledge)
- Brown v. Mo. Dep’t of Corr., 353 F.3d 1038 (8th Cir.2004) (reckless driving facts supported Eighth Amendment claim)
- Brown v. Fortner, 518 F.3d 552 (8th Cir.2008) (addressing recklessness and qualified immunity in transport context)
- Easter v. Powell, 467 F.3d 459 (5th Cir.2006) (deliberate indifference standard for medical care in prison)