Pledger v. Lynch
2:16-cv-00083
N.D.W. Va.Sep 27, 2018Background
- Plaintiff Lorenzo Pledger, a federal prisoner with preexisting Crohn’s disease, alleged delayed/misdiagnosis and inadequate treatment in federal prison resulting in surgery (partial colectomy and appendectomy).
- He filed administrative tort claim (denied) and then suit asserting FTCA medical negligence and IIED claims, and Bivens claims against individual federal employees and St. Joseph’s Hospital (SJH).
- Defendants (United States and individual medical staff) moved to dismiss or for summary judgment; Magistrate Judge Aloi issued an R&R recommending mixed dispositions (some claims survive, some dismissed).
- District court reviewed timely objections de novo where raised and considered summary judgment standards and Eighth Amendment deliberate-indifference jurisprudence.
- Court dismissed FTCA medical-negligence claims for failure to comply with West Virginia MPLA certificate-of-merit requirement (after giving plaintiff time to comply), dismissed Bivens claims against several supervisors and SJH, and granted summary judgment for remaining federal medical staff on deliberate-indifference claims; IIED claim dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IIED claim survives | Pledger contends medical staff conduct was outrageous and caused severe emotional distress | Govt: care was provided repeatedly; conduct not extreme/outrageous; IIED not supported or properly presented administratively | Dismissed — IIED fails high "outrageous conduct" standard; government objection sustained |
| Whether Anderson, Wilson, Andrea Hall were deliberately indifferent | Pledger asserts these staff failed to prioritize diagnostics and follow surgical instructions, causing harm | Govt: plaintiff received frequent care, many visits/tests; alleged errors are negligence not constitutional indifference | Summary judgment for defendants — deliberate-indifference not shown; government objection sustained |
| Whether FTCA/medical negligence claims survive despite no MPLA screening certificate | Pledger argued MPLA unconstitutional as applied (lack of inmate access) and sought dismissal without prejudice | Govt: MPLA applies; plaintiff was given extension and failed to file certificate; dismissal appropriate | Medical-negligence claims dismissed WITH PREJUDICE for failure to comply with MPLA; plaintiff’s objections overruled |
| Whether Bivens claims may proceed against SJH and supervisory defendants (Lynch, Samuels, Caraway, Weaver) | Pledger argued SJH acted as federal actor and supervisors received complaints (emails/letters) making them personally liable | Govt: Bivens applies only to individual federal officers; employer/agency and supervisory/constructive-knowledge only liability unavailable | SJH and supervisory defendants dismissed with prejudice — Bivens liability is personal; vicarious liability rejected |
Key Cases Cited
- Conley v. Gibson, 355 U.S. 41 (overview of pleading standard)
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Estelle v. Gamble, 429 U.S. 97 (medical negligence does not automatically equal Eighth Amendment deliberate indifference)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference standard: objective and subjective prongs)
- Ashcroft v. Iqbal, 556 U.S. 662 (personal liability and pleading standard)
- Corr. Servs. Corp. v. Malesko, 534 U.S. 61 (Bivens not extendable to agencies or employers)
- Wright v. Collins, 766 F.2d 841 (disagreements over medical care do not alone state Eighth Amendment claim)
- Brice v. Virginia Beach Corr. Ctr., 58 F.3d 101 (deliberate indifference requires subjective recklessness)
- Scinto v. Stansberry, 841 F.3d 219 (facts where deliberate indifference survived summary judgment)