Francisco Gonzalez v. Abigail Lopez-De Lasalle
703 F. App'x 62
| 3rd Cir. | 2017Background
- Plaintiff Francisco Gonzalez, a federal inmate at FCI Fort Dix, sued under Bivens alleging Eighth Amendment violations for worsening respiratory conditions (emphysema, chronic bronchitis, asthma, COPD) from prison conditions, denial of medical transfer, inadequate medical care, and retaliation.
- He alleged multiple hospitalizations since April 2011 caused by exposure to environmental tobacco smoke (ETS), asbestos, lead paint, jet fuel emissions, extreme temperatures, and lack of air conditioning.
- District Court screened the complaint, dismissed one defendant, and granted summary judgment for most defendants; only a retaliation claim against Dr. Patel for revoking a first-floor pass survived initially.
- After further proceedings, the District Court granted summary judgment for Dr. Patel as well; Gonzalez appealed and the Third Circuit summarily affirmed.
- The record showed regular medical treatment at Fort Dix (Care Level 2), pulmonology referrals, approved hospitalizations, and that non-medical defendants reasonably deferred to medical judgment about transfers and passes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Medical transfer denial | Gonzalez argued environmental exposures and worsening COPD warranted a medical transfer | Warden and staff relied on Dr. Patel’s medical judgment that Gonzalez was Care Level 2 and did not qualify for transfer | Grant for defendants — nonmedical staff may defer to physician judgment; medical record supports care at Fort Dix |
| Delay/inadequate medical care | Gonzalez claimed delayed pulmonologist evaluation, delayed/ substituted prescriptions, and inadequate treatment | Defendants showed regular evaluations, timely hospitalizations, prescriptions filled/renewed, and no evidence of nonmedical delay | Grant for defendants — no deliberate indifference or non-medical reason for delay established |
| Retaliation (revocation of first-floor pass) | Gonzalez alleged Dr. Patel revoked pass in retaliation for refusing to identify inmate smokers | Defendants showed temporary reassignment due to bedspace, treatment notes, and pass later extended; no factual support for retaliation | Grant for defendants — plaintiff failed to show adverse action causally related to protected conduct |
| Conditions of confinement (ETS, asbestos, jet fuel, heat) | Gonzalez alleged exposure to ETS and environmental hazards posed serious health risk | Defendants showed smoke policy enforcement, sanctions, lack of evidence of high ETS levels or hazardous exposure | Grant for defendants — plaintiff failed Helling first prong (unreasonably high ETS) and failed to show deliberate indifference |
Key Cases Cited
- Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (establishing implied damages action against federal officers for constitutional violations)
- Estelle v. Gamble, 429 U.S. 97 (Eighth Amendment deliberate indifference standard for medical care)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference standard for conditions of confinement)
- Helling v. McKinney, 509 U.S. 25 (ETS claims require proof of unreasonably high exposure and deliberate indifference)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting principles)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for genuine dispute of material fact)
- Rauser v. Horn, 241 F.3d 330 (retaliation elements and burden-shifting in prison cases)
- Spruill v. Gillis, 372 F.3d 218 (prison officials may rely on medical staff judgment)
- Rouse v. Plantier, 182 F.3d 192 (delay in treatment for nonmedical reasons can show deliberate indifference)
- Atkinson v. Taylor, 316 F.3d 257 (application of Helling to ETS exposure)