De La Cruz v. Graber
3:14-cv-03846
N.D. Tex.Mar 11, 2015Background
- Plaintiff Armando Garcia de la Cruz, a federal inmate at FCI‑Seagoville, sued multiple BOP officials and facilities under Bivens for alleged denial of adequate medical care (Eighth Amendment) and sought damages and medical relief.
- Case transferred from Nebraska to the Northern District of Texas; related claims arising in other districts were severed/transferred.
- At Seagoville, plaintiff complained of inadequate pain medication, delayed/partial provision of AFO braces, lack of certain diagnostic procedures (myelogram), denied physical therapy, and inadequate wheelchair accommodations.
- The court reviewed the complaint under 28 U.S.C. §§ 1915A and 1915(e)(2) and applied the deliberate‑indifference standard for Eighth Amendment medical claims.
- The court concluded Seagoville medical staff provided treatment (medications, MRI, neurology consult, injections, eventual braces) and found plaintiff failed to show deliberate indifference; dismissed many Seagoville claims and the United States/BOP as improper Bivens defendants.
- Claims against Oklahoma Transfer Center staff arising in Oklahoma were severed and recommended transferred to the Western District of Oklahoma; older (2006–2007) and certain transport claims were time‑barred or improper venue and were dismissed; motions to amend and injunction request were denied as futile or not ripe.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment deliberate indifference to medical needs (Seagoville staff) | De la Cruz alleges failure to provide adequate pain meds, diagnostic myelogram, ordered physical therapy, timely/functional AFO braces, and suitable wheelchair | Defendants point to medical records showing evaluations, MRI, neurology consults, injections, prescribed meds, retrofitting and issuance of AFOs, and pending scheduling of diagnostics | Court: Plaintiff failed to plead deliberate indifference; Seagoville defendants' claims dismissed under §§1915A/1915(e)(2) |
| Suit against United States and BOP (Bivens capacity) | Plaintiff named the United States and BOP as defendants | Bivens remedies apply only to individual federal officials, not to the United States or agencies | Court: Claims against the United States and the BOP dismissed |
| Venue and severance for Oklahoma Transfer Center claims (June 21 & July 26, 2012) | Plaintiff claims improper transport and seat‑time violations causing harm | Defendants argue claims arose in Oklahoma and involve Oklahoma witnesses/facts | Court: Severed those Oklahoma claims under Fed. R. Civ. P. 21 and recommended transfer to the Western District of Oklahoma for improper venue |
| Older claims and transport claims (2006–2007 and March 28, 2012) — statute of limitations | De la Cruz alleges past denials causing ongoing injury | Defendants assert applicable state accrual/two‑year limitations and lack of tolling | Court: 2006–2007 and March 28, 2012 claims are time‑barred; amendment to add certain transport defendants denied as futile; some transport claims dismissed for improper venue |
| Motion for injunction under ADA re: future transfers | Plaintiff seeks injunctive relief requiring BOP ADA compliance for transfers | Defendants note no imminent transfer and lack of ripe controversy | Court: Denied injunction as not ripe; plaintiff failed to show likelihood of success or irreparable injury |
Key Cases Cited
- Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (establishing Bivens remedy against individual federal officers)
- Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment deliberate indifference standard for medical care)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading factual content to show plausibility)
- Farmer v. Brennan, 511 U.S. 825 (subjective awareness and failure to abate substantial risk standard)
- FDIC v. Meyer, 510 U.S. 471 (no Bivens remedy against federal agencies or the United States)
- Owens v. Okure, 488 U.S. 235 (statute of limitations for §1983/constitutional claims—accrual rule)
- Hare v. City of Corinth, 74 F.3d 633 (5th Cir.) (deliberate indifference analysis)
- Bluefield Water Ass’n, Inc. v. City of Starkville, Miss., 577 F.3d 250 (5th Cir.) (preliminary injunction factors)