COOPER v. GEORGIA DEPARTMENT OF CORRECTIONS
5:22-cv-00013-MTT-MSH
M.D. Ga.Mar 15, 2022Background:
- Pro se plaintiff Clifford Cooper, a Baldwin State Prison inmate, alleges he fell and broke his ankle on February 16, 2019 and that prison staff delayed and inadequately treated the injury.
- Cooper claims officers Dixon and Reyners refused to summon medical care; Lt. Burtch initially impeded his access to medical; Nurse Ross wrapped the ankle and refused x-rays despite access; physician Speigitt later x-rayed and confirmed a two‑place fracture requiring surgery.
- Transfers to outside facilities were delayed; surgery occurred on March 17, 2019. Cooper alleges inadequate post‑op pain management (only aspirin) and insufficient physical therapy, causing ongoing pain and functional limitations.
- Cooper sued the Georgia Department of Corrections and several individuals under 42 U.S.C. § 1983 asserting Eighth Amendment deliberate indifference, plus equal protection and conspiracy claims.
- The Court granted Cooper leave to proceed in forma pauperis, found his Eighth Amendment medical claims against Dixon, Reyners, Burtch, Ross, Lewis, Brawner, Speigitt, and Whipple may proceed for factual development, and recommended dismissal without prejudice of GDC, supervisory defendants (Ward, Bobbitt), and his equal‑protection and conspiracy claims.
- The Court declined to dismiss on statute‑of‑limitations grounds at screening because tolling/exhaustion, COVID‑era tolling, and a possible continuing violation could render dismissal inappropriate at this stage.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IFP / Filing fee | Cooper cannot prepay fees and seeks IFP | Court must apply PLRA fee collection rules | IFP granted; monthly 20% collections ordered until $350 paid |
| Statute of limitations | Claims timely or tolled by exhaustion/continuing violation/COVID tolling | Claims appear filed ~3 years after injury and may be time‑barred | Court refused to dismiss at screening—tolling/exhaustion/COVID/continuing‑violation may apply |
| Eleventh Amendment immunity (GDC) | GDC is a proper defendant | State sovereign immunity bars suit in federal court | Claims against GDC dismissed due to Eleventh Amendment immunity |
| Eighth Amendment — delays and inadequate care (frontline staff & treating clinicians) | Deliberate indifference from refusal/delay to provide care and inadequate post‑op pain treatment | Defendants may argue they provided care and lacked culpable mental state | Claims against Dixon, Reyners, Burtch, Ross, Speigitt, Lewis, Brawner, Whipple survive screening for further factual development |
| Supervisory liability (Ward, Bobbitt) | Supervisors liable for subordinate conduct | No allegation of personal involvement, policy, or notice/cause linking supervisors | Supervisory defendants dismissed—no adequate facts alleging personal/causal involvement |
| Equal protection & conspiracy | Alleged discrimination and a coordinated plan to violate rights | No factual comparator or agreement alleged | Equal protection and conspiracy claims dismissed without prejudice |
Key Cases Cited
- Boxer X v. Harris, 437 F.3d 1107 (11th Cir. 2006) (pro se pleadings are liberally construed)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard; conclusory allegations insufficient)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard)
- Leal v. Georgia Dept. of Corrections, 254 F.3d 1276 (11th Cir. 2001) (tolling for exhaustion may affect limitations analysis)
- Rozar v. Mullis, 85 F.3d 556 (11th Cir. 1996) (federal law governs accrual of § 1983 claims)
- Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989) (states and state entities are not "persons" under § 1983)
- Quern v. Jordan, 440 U.S. 332 (1979) (Congress did not abrogate state sovereign immunity by § 1983)
- Farrow v. West, 320 F.3d 1235 (11th Cir. 2003) (elements of Eighth Amendment deliberate indifference)
- Melton v. Abston, 841 F.3d 1207 (11th Cir. 2016) (severe pain may constitute a serious medical need)
- McElligott v. Foley, 182 F.3d 1248 (11th Cir. 1999) (failure to treat severe pain can be deliberate indifference)
- Brown v. Hughes, 894 F.2d 1533 (11th Cir. 1990) (delay in treating a broken bone can show deliberate indifference)
- Cottone v. Jenne, 326 F.3d 1352 (11th Cir. 2003) (supervisory liability requires personal participation or causal connection)