Marin v. Davis
4:16-cv-02718
S.D. Tex.Oct 27, 2017Background
- Alberto Marin, a TDCJ inmate with chronic lymphedema of the left leg and other medical conditions, sued under 42 U.S.C. § 1983 alleging denial of adequate medical care and deliberate indifference related to wheelchair access and physical therapy.
- Defendants: Dr. Stephanie Abron (ADS director), Dr. Robert Friedman (treating physician), and physical therapists Jerry Palacio and James Stubbs at Jester III Unit.
- Marin claimed defendants refused a permanent wheelchair pass, denied specialist referrals, and forced painful walking during physical therapy causing falls and injury.
- Medical records and Dr. Steven Bowers’s affidavit showed repeated evaluations, specialist referrals to UTMB vascular clinic, prescriptions, and multiple temporary wheelchair passes renewed by Dr. Friedman.
- Physical therapy notes reflected a physician-ordered weaning program from wheelchair use; Marin was discharged from PT for noncooperation and allegedly "staging falls."
- Court: Defendants moved for summary judgment asserting lack of Eighth Amendment deliberate indifference and qualified immunity; Marin did not oppose the motion. Court granted summary judgment and dismissed the case with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendants acted with deliberate indifference to a serious medical need (wheelchair/referral) | Marin: was denied a permanent wheelchair, specialist referrals, and adequate treatment for lymphedema | Defendants: provided ongoing care, referrals, temporary wheelchair passes, and followed specialists’ recommendations; no refusal or wanton disregard | Court: No deliberate indifference; records show treatment and referrals; summary judgment for defendants |
| Whether physical therapists unreasonably forced painful PT causing constitutional violation | Marin: Palacio and Stubbs forced him to walk causing extreme pain and injury | Defendants: PT followed physician orders to wean him; PT may cause discomfort but is not unconstitutional; no evidence of injury or noncompliance with orders | Court: No Eighth Amendment violation; PT was physician-directed and not objectively unreasonable |
| Whether Dr. Abron was personally involved in denying care | Marin: Abron ignored orders to provide wheelchair | Defendants: No record of Abron’s personal involvement in Marin’s care decisions | Court: Abron not personally involved; claims dismissed against her |
| Whether defendants are entitled to qualified immunity for monetary claims | Marin: rights violated warrant damages | Defendants: actions were objectively reasonable under existing law and facts | Court: Defendants entitled to qualified immunity; monetary claims dismissed; injunctive relief denied due to no ongoing violation attributable to defendants |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standards and burdens) (note: court cited the Supreme Court summary judgment framework)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment: genuine issue and reasonable jury standard)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard for public officials)
- Ashcroft v. al-Kidd, 563 U.S. 731 (qualified immunity requires violation of clearly established law)
- Estelle v. Gamble, 429 U.S. 97 (prisoners’ Eighth Amendment deliberate indifference to serious medical needs)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference requires knowledge of substantial risk and disregard)
- Gobert v. Caldwell, 463 F.3d 339 (5th Cir. 2006) (discussing difference between negligence/medical disagreement and deliberate indifference)
- Domino v. Texas Dep't of Criminal Justice, 239 F.3d 752 (5th Cir. 2001) (deliberate indifference is a high standard)