Camberos v. Branstad

73 F.3d 174, 1995 U.S. App. LEXIS 36656, 1995 WL 763363
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 26, 1995
DocketNo. 95-1498
StatusPublished
Cited by282 cases

This text of 73 F.3d 174 (Camberos v. Branstad) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Camberos v. Branstad, 73 F.3d 174, 1995 U.S. App. LEXIS 36656, 1995 WL 763363 (8th Cir. 1995).

Opinions

WOLLMAN, Circuit Judge.

In this 42 U.S.C. § 1983 ease, the district court ruled in favor of Francisco Camberos on his Eighth Amendment claim that certain prison officials at the North Central Correctional Facility, located in Rockwell City, Iowa (North Central), were deliberately indifferent to his serious medical needs. We reverse.

I.

Camberos, a native Spanish speaker, arrived at North Central in October 1991 with an order restricting his work because of an injured shoulder. During his eleven-month incarceration there, Camberos was seen at North Central’s medical center at least twenty-six times with complaints of shoulder pain and other infirmities. Approximately 110 notes by the medical staff charted Cambe-ros’s medical complaints and noted an assessment and treatment plan. In addition to his treatment at the medical center, Camberos was referred to the Iowa City Hospital for specialized care on seven occasions.

The medical center was staffed primarily with nurses and a physician’s assistant (PA). Occasionally, when the PA could not be present, a doctor saw the prison patients. If the PA thought it proper, he would refer prisoners to the Iowa City Hospital, where they would see a physician concerning the referred infirmity.

Camberos was examined by nurses and the PA at the medical center, but never by a doctor. Although at a nurse’s request Dr. Paul L. Loeffelholz, the Iowa Department of Corrections Medical Director, reviewed Cam-beros’s records to approve the course of treatment, no doctor evaluated or treated Camberos’s shoulder injury until September 1992, when he was referred to an Iowa City orthopedic surgeon by an Iowa City gas-troenterologist that he was seeing on a referral from the PA. The orthopedic surgeon’s diagnosis was similar to that of the PA at the medical center. In addition to the TENS unit, an electrical device for pain management that Camberos was already using, the orthopedic surgeon provided Camberos with wrist splints to wear during periods of heavy activity and at night, noting that such use previously had been successful in reducing the numbness in Camberos’s hands. The orthopedic surgeon also referred Camberos to the shoulder clinic for an evaluation.

Camberos contends that he should have been permitted to see a doctor concerning his shoulder earlier in his incarceration. In addition, he argues that had he been able to communicate effectively with the medical center personnel, he could have explained that he needed the wrist splints taken from him prior to his transfer to North Central.

II.

To support his section 1983 claim, Camberos must show that the defendants were deliberately indifferent to his serious medical needs. Such a showing is necessary to establish the “‘unnecessary and wanton infliction of pain’ proscribed by the Eighth Amendment.” Estelle v. Gamble, 429 U.S. [176]*17697, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976) (internal citation omitted).

We have defined a serious medical need as “one that has been diagnosed by a physician as requiring treatment, or one that is so obvious that even a layperson would easily recognize the necessity for a doctor’s attention.” Johnson v. Busby, 953 F.2d 349, 351 (8th Cir.1991) (upholding jury instruction that used this language). The district court found that Camberos’s shoulder injury, having been treated by a doctor prior to his incarceration, constituted a serious medical need. Accepting this finding, we move on to determine whether the various defendants displayed deliberate indifference toward that injury.

The potential liability of defendants Burt and Ault is limited to the alleged failure to facilitate proper communication between Camberos and the medical staff. Burt is the treatment director at North Central, and Ault is the warden. The district court acknowledged that under Ouzts v. Cummins, 825 F.2d 1276, 1277 (8th Cir.1987), a general responsibility for supervising the operations of a prison is insufficient to establish the personal involvement required to support liability. Moreover, because Burt and Ault lacked medical expertise, they cannot be liable for the medical staff’s diagnostic decision not to refer Camberos to a doctor to treat his shoulder injury. See Crooks v. Nix, 872 F.2d 800, 803 (8th Cir.1989).

Consequently, the district court’s finding of liability rested solely on the theory that Burt and Ault’s failure to investigate Cambe-ros’s communication problems and provide him with an interpreter to assist in his medical visits amounted to deliberate indifference. This finding is based both on the factual determination that Camberos required assistance to effectively communicate with the medical staff and on the legal determination that defendants’ actions rose to the level of deliberate indifference.

We review the district court’s findings of fact under the clearly erroneous standard and its conclusions of law de novo. Paramount Pictures Corp. v. Metro Program Network, Inc., 962 F.2d 775, 777 (8th Cir.1992). Having reviewed the record in light of this standard, we are persuaded that the district court erred in its factual determination concerning Camberos’s ability to communicate in English. In finding that Cambe-ros’s English was inadequate to communicate with medical personnel, the district court primarily relied on two pieces of evidence: a report documenting that Camberos was not given the regular prison entrance exams and a letter written by prison educational assistant Mary Kaskey. We find this reliance to be misplaced.

The district court stated that Camberos was not given the entrance exam because he “could not understand English well enough to take the tests.” The exam, however, was written, and Camberos’s entrance report identifies the reason for not administering the test as his “low reading level of English.” The report, however, casts no light on Cam-beros’s ability to understand or speak English, and thus it provides little assistance in ascertaining his ability to communicate with medical personnel.

The court’s reliance on Kaskey’s evaluation of Camberos’s English abilities is equally unpersuasive. In an undated letter written to an unidentified individual, Kaskey wrote that when Camberos first entered North Central, he “could not understand nor speak much English.” The letter’s credibility is cast into doubt by its missing date and unknown recipient, and by Burt’s testimony that at the time of trial Kaskey was no longer working at North Central because of difficulty in maintaining a professional distance from the inmates.

In addition, the record belies the statement that Camberos could not speak or understand much English at the time of incarceration. At his plea and sentencing proceedings Camberos, without the aid of an interpreter, stated repeatedly that he understood the proceedings against him.

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Bluebook (online)
73 F.3d 174, 1995 U.S. App. LEXIS 36656, 1995 WL 763363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camberos-v-branstad-ca8-1995.