Jones v. Champlain Valley Physicians Hospital
9:23-cv-00523
| N.D.N.Y. | Sep 12, 2023Background
- Pro se plaintiff Jonnie Jones filed a § 1983 suit (Apr. 27, 2023) alleging Eighth Amendment deliberate-medical-indifference claims arising from treatment while incarcerated at Clinton Correctional Facility.
- The Court previously dismissed the original complaint for failure to state a claim (June Order) but granted leave to amend; Jones filed an Amended Complaint that added New York State, DOCCS, several unnamed medical staff, and hospital entities.
- Factual allegations in the Amended Complaint: nurse at Clinton allegedly checked vitals but did not examine or order imaging or medication (March 5 and March 10, 2022); Champlain Valley physician/surgeon allegedly "hit a nerve" during surgery; at Albany Medical Center two nurses allegedly held Jones down and inserted a rectal tube without physician approval (Apr. 12, 2022).
- The Court found that Section 1983 money-damage claims against New York State, DOCCS, and certain institutional defendants are barred by Eleventh Amendment immunity and/or fail to allege constitutional violations (e.g., negligence vs. deliberate indifference).
- The Court dismissed with prejudice the claims against New York State, DOCCS, Clinton C.F., Champlain Valley Hospital/Medical Department, Nurse Jane Doe (Clinton), and the Champlain Valley physician/surgeon; it allowed Eighth Amendment claims against Albany Medical Center Nurses Jane Doe #1 and #2 and their employer defendants to survive initial screening.
- The Court ordered service by the U.S. Marshal, added and terminated specified defendants on the docket, and instructed Jones to identify and timely serve the two unnamed Albany nurses or face dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eleventh Amendment immunity for state actors and state entities | Jones seeks monetary damages from New York State and DOCCS for Eighth Amendment violations | State defendants are immune from § 1983 money damages under the Eleventh Amendment | Claims against New York State and DOCCS dismissed with prejudice as barred by Eleventh Amendment immunity |
| Eighth Amendment deliberate indifference — Nurse Jane Doe (Clinton) | Nurse failed to examine, order x-rays, or provide medication after complaints | Actions reflect medical judgment or disagreement with treatment, not constitutional indifference | Claims dismissed for failure to state an Eighth Amendment claim |
| Eighth Amendment deliberate indifference — Doctor and Surgeon (Champlain Valley) and municipal liability for hospital | Allegation that surgeon "hit a nerve" during surgery and caused harm | Surgeon/doctor errors are at most negligence/medical malpractice; private actors require state action to be liable under § 1983 | Claims against the Champlain Valley doctors and their employer dismissed for failing to allege deliberate indifference or state action |
| Eighth Amendment deliberate indifference / assault — Albany Medical Center Nurses Jane Doe #1 and #2 | Two nurses forcibly held plaintiff and inserted a rectal tube without physician approval | (Implicit) hospital/medical defendants may contest state-action or intent; factual dispute about force and lack of physician order | Claims against Albany Medical Center Nurses #1 and #2, and Albany Medical Department/Hospital survive initial screening and require a response |
Key Cases Cited
- Greathouse v. Meddaugh, 632 F. Supp. 3d 3 (N.D.N.Y. 2022) (alleged disagreements about scope of a nurse's evaluation or failure to investigate do not, standing alone, establish Eighth Amendment deliberate indifference)
- Murphy v. Walker, 51 F.3d 714 (7th Cir. 1995) (standards for evaluating whether medical-treatment allegations survive sua sponte screening under § 1915/1915A)