MEMORANDUM OPINION
The plaintiff filed a motion for default judgment against the Center for Correctional Health Policy and Studies, Inc. (“CCHPS”). After hearing evidence relat *25 ing to liability and damages, the Court requested supplemental briefing. Now, upon consideration of the entire record in this case, the Court concludes that the defaulting defendant is liable to the plaintiff for compensatory damages for medical negligence, and that all other relief requested must be denied.
Background
The plaintiff, acting
pro se,
1
filed an amended complaint asserting claims against the Correctional Corporation of America (“CCA”) and CCHPS for medical negligence and violations of his Eighth Amendment guarantee against cruel and unusual punishment, and seeking compensatory and punitive damages. CCA was dismissed from this action because the plaintiff failed to state any claims against it.
See Jackson v. Corrections Corp. of America,
Civil Action 06-1241,
The complaint alleges, among other things, that while plaintiff was incarcerated in the District of Columbia’s Correctional Treatment Facility (“CTF”) he was for 19 consecutive days in January and February 2006 deprived of medications prescribed for his stomach ailments. (Am. Compl. at 2.) The amended complaint identified CCHPS as one of the defendants, but did not include any allegations that explicitly referred to conduct by CCHPS and did not allege the relationship between CCHPS and the plaintiff or the other defendants. The complaint did allege that plaintiff had informed “medical staff’ of his need for stomach medications {id. at 1), that “medical staff was aware of this problem and refused to prescribe necessary medication” {id. at 2), and that plaintiff “suffered abdominal pain for 19 days [until] medical staff was provided with a medical summary advising them to follow up on stomach pain____” {id.).
CCHPS did not respond to the summons and complaint or otherwise enter an appearance, and on August 23, 2007, the Court directed the Clerk to enter default as to CCHPS and the plaintiff to file a motion for judgment. The Court subsequently denied without prejudice the motion for judgment, and scheduled an evi-dentiary hearing on the issue of liability and damages. At the evidentiary hearing, the Court questioned whether CCHPS had sufficient notice of plaintiffs claims based on the allegations in the amended complaint. (Tr. of Evidentiary Hr’g, Jan. 4, 2008, at 40.)
Testimony at the hearing established that the plaintiff did not know with certainty who employed the medication nurse to whom he allegedly complained regularly during the 19 days he was without his prescription medication, but that the nurse was uniformed in the same manner as the medical staff in the part of the CTF that was run by CCHPS. {Id. at 25, 39.) Through testimony, the plaintiff established that he repeatedly requested the medicine he had been prescribed, attended sick call for the same reason {id. at 8-9) and even filed a grievance {id. at 16), all to no immediate avail. He established that a few months earlier he had been housed at the same facility and had been given the prescription medication he was requesting {id. at 10), and that in response to his requests the medical staff dispensed blood pressure medication that had also been previously prescribed for him, but not the stomach medication {id. at 13). The plaintiff testified that without the medication he *26 experienced pain in the form of a burning sensation in his stomach and esophagus, and that the pain increased over the 19 days that he was denied his prescribed medications. (Id. at 37.) At times the pain caused him to be unable to eat or sleep. (Id.)
Discussion
A. Notice
Complaints filed by
pro se
litigants are held to less stringent standards than formal pleadings drafted by lawyers and are to be construed liberally.
See Haines v. Kerner,
Here, then, the first question is whether the plaintiffs
pro se
amended complaint was sufficient to put CCHPS on notice that plaintiff was asserting claims against it. The complaint does not explicitly link CCHPS with any alleged wrongful conduct. Instead, the complaint expressly links alleged wrongful conduct that occurred in January and February 2006 with the medical staff. The complaint does not explicitly allege that CCHPS was the employer of the medical staff or that it was responsible for medical care at the CTF in January and February 2006. However, the Court takes judicial notice that at least as late as September 23, 2005, CCHPS was “ ‘the medical contractor that provides medical and mental healthcare for the inmates at DC Detention Facility’ ” and has no “ ‘duty or responsibility for the institutional care for the prisoners, as its duties are related to the medical and mental healthcare for the inmates.’ ”
Turner-Bey v. Director of Med. Svcs. (CCHP),
Civil Action No. 04-1744(RCL),
B. Default Liability
“The law is clear ... [that a defendant’s] failure to appear and the Clerk’s subsequent entry of default against it do not automatically entitle plaintiff to a default judgment. Indeed, a default is not
*27
an absolute confession by the defendant of his liability and of the plaintiffs right to recover, but is instead merely an admission of the facts cited in the Complaint, which by themselves may or may not be sufficient to establish a defendant’s liability.”
Natures Way Marine, LLC v. North American Materials, Inc.,
Civil Action No. 08-0005-WS-B,
Because of its default, CCHPS is deemed to have admitted the well-pleaded factual allegations in the complaint.
Natures Way,
1. The Eighth Amendment claim
The Court concludes that the plaintiff has not stated an Eighth Amendment claim against CCHPS, and that this constitutional claim fails for the same reasons his Eighth Amendment claim against CCA was dismissed earlier in this case.
Jackson,
*28
The constitutional claim founders on another ground, as well. “To establish that a defendant’s failure to provide proper medical attention violates the Eighth Amendment, a plaintiff must establish that the defendant has exhibited ‘deliberate indifference to [the] serious needs of prisoners.’”
Gabriel, 211
F.Supp.2d at 138 (quoting
Estelle v. Gamble,
2. The medical negligence claim
To state a common law claim for medical negligence, the plaintiff must establish a duty and standard of care and a deviation from the standard of care that caused his injuries.
Cleary v. Group Health Ass’n,
The Court also concludes that the record evidence supports a finding of liability for damages against CCHPS for medical negligence under a theory of
respondeat superior.
“Under the doctrine of
respondeat superior,
an employer may be held liable for the acts of his employees committed within the scope of their employment.”
Brown v. Argenbright Security, Inc.,
Plaintiff has prayed generally for punitive damages. The District of Columbia law does not allow punitive damages for negligence claims.
Oliver v. Mustafa,
Conclusion
For the reasons stated in this memorandum opinion, by an accompanying order the Court will grant judgment for the plaintiff against the defaulting defendant CCHPS on the claim of medical negligence, and award plaintiff compensatory damages in the amount of $9,500.00, and deny all other relief requested.
Notes
. Plaintiff is now represented by counsel who first entered an appearance limited to the purpose of mediation {see Notice of Appearance, Apr. 9, 2007) and later entered his appearance without limitation on January 3, 2008 {see Notice of Appearance, Jan. 3, 2008), but did not undertake to further amend the complaint.
. Available for public viewing at:
http://newsroom.dc.gov/file.aspx/release/ 11615/JointHearingonThe PerformanceofUni-tyHealthcareJulyl22007.pdf
