Marin v. Davis
4:16-cv-02718
S.D. Tex.Apr 20, 2017Background
- Plaintiff Alberto Marin, a TDCJ inmate, alleges defendants (two physicians and two physical therapists at Jester III) denied him adequate medical care for a swollen/lymphedematous left leg and repeatedly forced him to ambulate instead of providing a wheelchair.
- Marin claims repeated falls, worsening swelling, pain, inability to shower or use facilities, and seeks a permanent wheelchair pass, injunctive relief, and $300,000 in damages under 42 U.S.C. § 1983 for Eighth Amendment violations.
- Defendants moved for judgment on the pleadings under Fed. R. Civ. P. 12(c), arguing: many claims are time-barred, official-capacity monetary claims are barred by Eleventh Amendment immunity, and they are entitled to qualified immunity because Marin fails to plead deliberate indifference.
- Marin moved for leave to amend but did not serve proposed amendments on counsel and submitted no materially different factual allegations; the court found the proposed amendment futile.
- The court dismissed claims that accrued before August 14, 2014 (two-year statute of limitations) and dismissed official-capacity monetary claims, but denied judgment on the pleadings as to individual-capacity Eighth Amendment claims (qualified immunity not resolved at pleading stage).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations | Marin contends ongoing denial; claims include events back to 2011–2015 | Claims before Aug 14, 2014 are time-barred under 2-year limitations | Court dismissed claims accruing before Aug 14, 2014 as untimely |
| Eleventh Amendment (official-capacity damages) | Seeks monetary damages against defendants (state employees) | Official-capacity monetary claims barred by Eleventh Amendment | Court dismissed monetary damages against defendants in official capacity |
| Qualified immunity / Eighth Amendment deliberate indifference | Defendants denied wheelchair, forced physical therapy causing pain and falls; alleges defendants ignored complaints | Defendants say allegations show disagreement/medical judgment not deliberate indifference; assert qualified immunity | Court held Marin's factual allegations (refusal of wheelchair, ignored complaints, forced ambulation causing injury) sufficient at pleading stage to overcome qualified immunity; denied judgment on pleadings as to individual-capacity claims |
| Motion to amend / service / futility | Marin sought leave to file amended complaint to add facts | Defendants note failure to serve proposed amendment and that amendment adds no substantive facts | Court denied leave to amend for failure to serve and as futile |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state plausible claim, not just labels and conclusions)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (complaint must contain sufficient factual matter to state a plausible claim)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (established modern qualified immunity standard)
- Estelle v. Gamble, 429 U.S. 97 (1976) (Eighth Amendment deliberate indifference governs prisoner medical-care claims)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference requires that official knew of and disregarded substantial risk)
- Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir. 2001) (state § 1983 claims governed by state personal-injury statute of limitations)