Wall v. Neice
7:12-cv-00020
W.D. Va.Mar 27, 2012Background
- Wall, a Virginia inmate, filed a 42 U.S.C. §1983 action alleging deliberate indifference to Hepatitis C and ankle pain by jail medical staff.
- The complaint seeks immediate transfer to a Virginia Department of Corrections facility for appropriate treatment and surgery.
- The court reviews the complaint and Wall's submissions and summarily dismisses under 28 U.S.C. §1915A(b)(1) for failure to state a claim.
- Wall was diagnosed with Hepatitis C in December 2011 and began grievances in early 2012 requesting treatment.
- Medical staff reportedly monitored enzyme levels, evaluated eligibility for treatment, provided information about treatment options, and administered pain medication; Tylenol was given despite concerns.
- The court concludes Wall's disagreement with medical judgment does not state a constitutional claim and notes no right to placement in a particular prison.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wall's §1983 claim states a deliberate indifference claim | Wall argues denial of treatment constitutes indifference | Staff adequately monitored and treated and judged treatment unnecessary now | No plausible Eighth Amendment violation |
| Whether disagreement with medical judgment supports §1983 claim | Wall disputes care and demands surgery and different treatment | Medical judgment not subject to constitutional review; disagreement is not deliberate indifference | Disagreement with medical treatment framed as negligence, not deliberate indifference |
| Whether Wall's request for transfer to a VDOC facility implicates a federal right | Transfer is essential for proper treatment | No federal right to incarceration in a specific facility | No federal constitutional right to transfer; claims dismissed |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (U.S. 1976) (medical care must be provided to treat serious needs)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference requires both objective seriousness and subjective recklessness)
- West v. Atkins, 487 U.S. 42 (U.S. 1988) (medical needs of inmates and reasonable medical interventions)
- Wright v. Collins, 766 F.2d 841 (4th Cir. 1985) (questions of medical judgment not subject to §1983 review)
- Russell v. Sheffer, 528 F.2d 318 (4th Cir. 1975) (medical judgments are not federal claims under §1983)
- Sosebee v. Murphy, 797 F.2d 179 (4th Cir. 1986) (negligence in diagnosis not a federal claim)
- Meachum v. Fano, 427 U.S. 215 (U.S. 1976) (inmate transfer decisions do not implicate federal rights to confinement location)