United States District Court, D. Arizona
ROBERT C. BROOMFIELD, District Judge.
On December 17, 2012, Plaintiff Eduardo Ramirez-Garcia, who is confined in the Arizona State Prison Complex-Florence, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. In a June 21, 2013 Order, the Court granted the Application to Proceed and dismissed the Complaint because Plaintiff had failed to state a claim. The Court gave Plaintiff 30 days to file an amended complaint that cured the deficiencies identified in the Order.
On August 6, 2013, Plaintiff filed his First Amended Complaint. In a November 4, 2013 Order, the Court dismissed the First Amended Complaint because Plaintiff had failed to state a claim. The Court gave Plaintiff 30 days to file a second amended complaint that cured the deficiencies identified in the Order.
On December 4, 2013, Plaintiff filed a Second Amended Complaint (Doc. 16). The Court will dismiss the Second Amended Complaint and this action.
I. Statutory Screening of Prisoner Complaints
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or an employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
A pleading must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2) (emphasis added). While Rule 8 does not demand detailed factual allegations, "it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id.
"[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Id. (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. "Determining whether a complaint states a plausible claim for relief [is]... a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679. Thus, although a plaintiff's specific factual allegations may be consistent with a constitutional claim, a court must assess whether there are other "more likely explanations" for a defendant's conduct. Id. at 681.
But as the United States Court of Appeals for the Ninth Circuit has instructed, courts must "continue to construe pro se filings liberally." Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). A "complaint [filed by a pro se prisoner] must be held to less stringent standards than formal pleadings drafted by lawyers.'" Id. (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007) ( per curiam )).
II. Second Amended Complaint
Plaintiff names Lieutenant Tucker, Nurse Jane Doe 1, and Doctor John Doe 1 as Defendants in the First Amended Complaint.
Plaintiff raises one claim for relief in which he alleges his Eighth and Fourteenth Amendment rights were violated when he was denied immediate treatment for an aneurysm. Plaintiff claims that on June 1, 2011, he began to experience severe headaches followed by repetitive vomiting. Plaintiff claims that other inmates got the attention of Correctional Officer Parrish who observed that Plaintiff was in extreme pain. Officer Parrish activated an "ICS, " and 15 minutes later a medical staff person and Defendant Tucker responded with a gurney. Plaintiff was taken to the medical department where he was examined by Defendant Jane Doe 1. Defendant Jane Doe 1 took Plaintiff's blood pressure, examined his head, and told him "you are drunk." Plaintiff said "no, no drunk, head hurts." Plaintiff claims that Defendant John Doe 1 then came into the examination room, examined Plaintiff's head, and then said to Plaintiff "you have been drinking haven't you, " to which Plaintiff responded that he did not understand and that he was not drunk. Plaintiff states that he asked both Defendants Jane Doe 1 and John Doe 1 for an interpreter, but that they responded "no interpreter."
Defendant Jane Doe 1 then provided Plaintiff with acetaminophen and ice and directed Defendant Tucker to take Plaintiff back to his housing unit in wheelchair. After 10 minutes, Plaintiff was still experiencing extreme pain and yelled for help. Officer Parrish again responded to Plaintiff, activated another "ICS, " and after 10 minutes, Defendant Tucker and another staff person again responded. Plaintiff claims that by this time he was unresponsive and incoherent. Plaintiff was taken back to the medical department and, early on June 2, 2011, was transported to St. Joseph's Hospital where he received surgery for a brain aneurysm. Plaintiff remained in the hospital until June 19, 2011. Plaintiff was housed in inpatient care at the prison until August 5, 2011, and, on September 20, 2011, was transferred back to his regular housing unit.
Plaintiff alleges that Defendant Tucker was deliberately indifferent to his emergency medical needs by failing to provide Plaintiff with an interpreter, by returning Plaintiff to his dorm, and by delaying medical attention for Plaintiff. Plaintiff further claims Defendant Jane Doe 1 was also deliberately indifferent by failing to provide an interpreter, failing to investigate further to determine if Plaintiff was actually drunk and by delaying Plaintiff from seeing a doctor. Finally, Plaintiff claims that Defendant John Doe 1 was also ...