428 P.3d 424
Wyo.2018Background
- Plaintiff Linda Gelok, an involuntarily committed resident at Wyoming State Hospital (WSH), was found after having been unattended about 25 hours with wounds, ant infestation, no food/water, and alleged misdiagnosed injuries.
- Wyoming Guardianship Corporation filed suit on Gelok’s behalf against WSH, Wyoming Department of Health, and WSH Administrator Paul Mullenax (official and individual capacities) for negligence and § 1983 violations.
- Gelok presented a WGCA notice within two years and submitted a medical review panel claim; the panel dismissed the claim; Gelok filed district court complaint after the two-year medical-malpractice limitations period expired.
- District court dismissed negligence claim as time-barred under Wyo. Stat. § 1-3-107, dismissed § 1983 claims against the State entities and Mullenax in his official capacity (Eleventh Amendment), and granted qualified immunity to Mullenax in his individual capacity; Gelok appealed.
- Supreme Court of Wyoming affirmed dismissal of negligence claim and Eleventh Amendment dismissals, but reversed as to Mullenax in his individual capacity, holding Gelok alleged sufficient facts under § 1983 to overcome a Rule 12(b)(6) dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WGCA notice/filing extends medical-malpractice SOL in Wyo. Stat. § 1-3-107 | WGCA presentation creates cause of action or at least extends malpractice SOL via §§ 1-39-113/114 | § 1-3-107 governs health-care claims; § 1-39-114 cannot extend a shorter statute of limitations | Held: No. § 1-3-107 two-year SOL controls; negligence claim time-barred |
| Whether Complaint states a § 1983 claim against State entities and Mullenax (official capacity) | Gelok: State actors violated substantive due process by failing to provide safe, humane conditions | State: Eleventh Amendment bars § 1983 monetary suits against state and its agencies/officials in official capacity | Held: Dismissed—Eleventh Amendment bars these claims |
| Whether Complaint states a § 1983 claim against Mullenax (individual capacity) | Gelok: Alleged intentional abdication of duty (left patient 25 hours, filthy/infested conditions, misdiagnosis) showing culpable personal involvement | Mullenax: Qualified immunity; plaintiff failed to plead supervisor’s personal involvement or clearly established violation | Held: Reversed dismissal—allegations suffice to plead Mullenax’s personal culpability and put him on notice of a clearly established right |
| Standard for pleading § 1983 claim under state Rule 12(b)(6) | Gelok: State standard (accept complaint facts; plaintiff need not meet federal plausibility test) | Defendants: urged adoption of federal Iqbal/Twombly plausibility standard | Held: Wyoming court did not adopt Iqbal plausibility standard; applied state 12(b)(6) (accept facts as true; dismiss only if plaintiff cannot possibly prevail) |
Key Cases Cited
- Youngberg v. Romeo, 457 U.S. 307 (1982) (involuntarily committed persons have right to adequate care, safety, and humane conditions; professional-judgment standard)
- DeShaney v. Winnebago Cty. Dep’t of Social Servs., 489 U.S. 189 (1989) (general rule that due process does not impose affirmative duty to protect from private violence; identifies custody-based exception)
- Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference standard for prisoners’ serious medical needs)
- County of Sacramento v. Lewis, 523 U.S. 833 (1998) (substantive due process requires conscience-shocking conduct; culpability spectrum)
- Iqbal v. Ashcroft, 556 U.S. 662 (2009) (federal plausibility pleading standard; not adopted by Wyoming court here)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework: (1) constitutional violation and (2) whether right was clearly established)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) (§ 1983 does not abrogate state sovereign immunity; states not subject to private suits for damages under § 1983)
- Ex Parte Young, 209 U.S. 123 (1908) (narrow exception allowing prospective injunctive suits against state officials to stop ongoing violations of federal law)
- Alden v. Maine, 527 U.S. 706 (1999) (states retain sovereign immunity from private suits in their own courts)
- Hans v. Louisiana, 134 U.S. 1 (1890) (Eleventh Amendment principles extend to suits by a state’s own citizens)