512 F. App'x 179
3d Cir.2013Background
- Jones, a PA state prisoner, sues SCI-Dallas officials and Dr. Dempsey under §1983 for failure to protect him and inadequate medical care.
- District Court dismissed one official and granted summary judgment for two others; appellate panel affirmed in part but remanded for Lindler and Dempsey due to improper service.
- On remand, District Court dismissed Lindler and Dempsey; official-capacity claims barred by Eleventh Amendment immunity; individual-capacity claims procedurally defaulted.
- Appellate review is plenary for dismissal rulings; district court converted motion to summary judgment; Jones treated it as such and had opportunity to respond.
- Issue becomes whether sovereign immunity bars official-capacity claims against Lindler and whether Dempsey is a state actor for §1983 liability.
- Court affirms district court’s dismissal of the complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of procedural default | Jones did not address default issue on appeal | Waiver applies; default not preserved | Default issue waived; Jones abandoned it |
| Official-capacity claim against Lindler | Sovereign immunity does not bar such claims | Eleventh Amendment immunity bars money damages | Official-capacity claims against Lindler barred by immunity |
| Dempsey as state actor | Dempsey is a state actor, liable under §1983 | Dempsey may be immune if state actor; alternatively not liable | Need not decide state-actor status; if state actor, immune in official capacity; if not, §1983 liability fails |
| Overall disposition | Claims against officials survive | Immunity or default defeats claims | Affirm district court’s dismissal |
Key Cases Cited
- Spruill v. Gillis, 372 F.3d 218 (3d Cir. 2004) (plenary review of dismissal order; summary judgment standards)
- Cent. Contracting Co. v. Md. Cas. Co., 367 F.2d 341 (3d Cir. 1966) (summary judgment standard; use of outside materials)
- DeHart v. Horn, 390 F.3d 262 (3d Cir. 2004) (plenary review of summary judgment; material facts issue)
- Kaucher v. Cnty. of Bucks, 455 F.3d 418 (3d Cir. 2006) (summary judgment standard; viewing evidence in plaintiff's favor)
- West v. Atkins, 487 U.S. 42 (1988) (physician as state actor under §1983)
- Hafer v. Melo, 502 U.S. 21 (1991) (state actor analysis; official-capacity liability)
- Betts v. New Castle Youth Dev. Ctr., 621 F.3d 249 (3d Cir. 2010) (Eleventh Amendment immunity bars official-capacity suits)
- Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816 (7th Cir. 2009) (private provider not necessarily a state actor in emergent care)
- Conner v. Donnelly, 42 F.3d 220 (4th Cir. 1994) (state actor status analysis for medical providers)
- Rodriquez v. Plymouth Ambulance Serv., 577 F.3d 816 (7th Cir. 2009) (state actor determination in medical care of inmates)