Spriggens v. Gusman
2:10-cv-03219
E.D. La.Nov 23, 2010Background
- Spriggens, a pretrial detainee at Orleans Parish Prison, sues under §1983 alleging Hepatitis C and other medical needs are not addressed.
- Defendants named: Orleans Parish Prison (OPP), Sheriff Marlin Gusman, and OPP Medical Department.
- Plaintiff filed in forma pauperis and the complaint is deemed frivolous and subject to dismissal under 28 U.S.C. §1915(e)(2).
- Court analyzes capacity to sue and finds OPP and its medical department are not suable entities under §1983.
- Court applies the Roberts framework to assess whether parish jail entities can be sued as juridical persons; finds they cannot; medical department similarly lacks personhood.
- Court also considers lack of respondeat superior liability and whether plaintiff faced deliberate indifference to medical needs; recommends dismissal with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OPP is a suable entity under §1983. | Spriggens asserts claims against OPP. | OPP is not a juridical person; not capable of being sued. | OPP is not suable; claims frivolous. |
| Whether OPP's Medical Department is a suable defendant. | Medical Department allegedly responsible for care. | Department is not a person under §1983. | Medical Department not a proper defendant; frivolous. |
| Whether Sheriff Gusman can be held liable under §1983 via respondeat superior. | Gusman responsible as sheriff. | No personal involvement or unconstitutional policy shown. | Respondeat superior not available; no liability. |
| Whether plaintiff faced deliberate indifference to a serious medical need (Hepatitis C). | Inadequate medical care for Hepatitis C. | No deliberate indifference; treatment process initiated after complaint. | No deliberate indifference established; claim fails. |
Key Cases Cited
- Neitzke v. Williams, 490 U.S. 319 (1989) (frivolous dismissal authority; baseless factual theories allowed to be dismissed)
- Hare v. City of Corinth, 74 F.3d 633 (5th Cir. 1996) (deliberate indifference standard for medical needs)
- Norton v. Dimazana, 122 F.3d 286 (5th Cir. 1997) (deliberate indifference standard; medical need analysis)
- Estelle v. Gamble, 429 U.S. 97 (1976) (constitutional duty to provide medical care to inmates)
- Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989) (state actor capacity under §1983)
- Roberts v. Sewerage & Water Bd. of New Orleans, 634 So.2d 341 (La. 1994) (framework to determine juridical status of local government entities)
- City Council of Lafayette v. Bowen, 649 So.2d 611 (La. App. 3rd Cir. 1994) (no capacity to sue under Roberts framework for certain entities)