Davis v. Holder

994 F. Supp. 2d 719, 2014 WL 198528, 2014 U.S. Dist. LEXIS 5547
CourtDistrict Court, W.D. Pennsylvania
DecidedJanuary 16, 2014
DocketCivil Action No. 3:13-0089
StatusPublished
Cited by5 cases

This text of 994 F. Supp. 2d 719 (Davis v. Holder) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Holder, 994 F. Supp. 2d 719, 2014 WL 198528, 2014 U.S. Dist. LEXIS 5547 (W.D. Pa. 2014).

Opinion

MEMORANDUM AND ORDER OF COURT

KIM R. GIBSON, District Judge.

I.SYNOPSIS

Pending before the Court is Defendant Rite Aid Corporation’s motion to dismiss (ECF No. 14) Plaintiff Dr. Glenn B. Davis’s complaint (ECF No. 1) for failing to state a claim upon which relief can be granted. Davis opposes the motion. (ECF No. 22). For the reasons explained below, the Court will GRANT Rite Aid’s motion to dismiss.

II. JURISDICTION AND VENUE

Jurisdiction is proper pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 1983. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial portion of the events giving rise to this claim occurred in the Western District of Pennsylvania.

III. BACKGROUND

This case arises from Davis’s allegations that Defendants interfered with his ability to practice medicine, specifically with his ability to lawfully prescribe medication in the course of his practice. (ECF No. 1, Compl. ¶ 1). Davis makes the following allegations in his complaint, which the Court accepts as true for the limited purpose of deciding the pending motion.

Davis is a physician, licensed to practice medicine in the Commonwealth of Pennsylvania. (ECF No. 1, Compl. ¶ 7). Davis is registered with the Drug Enforcement Administration (“DEA”) and is “authorized to prescribe or dispense controlled substances for medical purposes.” (Id. ¶ 8). As part of his practice, Davis prescribes to his patients medications that are medically necessary and appropriate. (Id. ¶ 12). Davis’s patients depend on the treatment they receive in order to maintain their quality of life. (Id. ¶ 13).

In 2012, the DEA contacted pharmacies and drug distributors used by Davis’s patients and ordered them not to fill pre[722]*722seriptions written by Davis, threatening the pharmacies and drug distributors with the loss of their licenses if they did not comply with the DEA’s request. (Id. ¶ 14). On February 18, 2013, Rite Aid sent a letter to Davis at the request of a DEA agent stating that Rite Aid would no longer fill prescriptions from Davis’s office for certain controlled substances. (Id. ¶ 15). Other pharmacies took similar action. (Id. ¶¶ 16-17).

Davis was not provided with notice or an opportunity for an administrative hearing as required by the Controlled Substances Act in order to suspend a physician’s controlled substances registration. (Id. ¶ 18-19). As a result of these actions, Davis lost his ability to effectively practice medicine. (Id. ¶ 20).

Davis initiated this action by filing a complaint (ECF No. 1) on April 22, 2013. On June 21, 2013, Rite Aid filed a motion to dismiss (ECF No. 14) Davis’s complaint along with a brief in support (ECF No. 15). Davis filed a brief in opposition (ECF No. 22) on July 31, 2013. With leave from the Court (see ECF No. 24), Rite Aid filed a reply brief (ECF No. 23-1) to Davis’s brief in opposition. The parties having fully briefed the Court, this matter is now ripe for adjudication.1

IV. STANDARD OF REVIEW

Rite Aid moves to dismiss Davis’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Federal Rules of Civil Procedure require that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Rule 12(b)(6) allows a party to seek dismissal of a complaint or portion of a complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Although the federal pleading standard has been “in the forefront of jurisprudence in recent years,” the standard of review for a Rule 12(b)(6) challenge is now well established. Fowler v. UPMC Shadyside, 578 F.3d 203, 209 (3d Cir.2009).

In determining the sufficiency of a complaint, a district court must conduct a two-part analysis. First, the court must separate the factual matters averred from the legal conclusions asserted. See Fowler, 578 F.3d at 210. Second, the court must determine whether the factual matters averred are sufficient to show that the plaintiff has a “plausible claim for relief.” Id. at 211 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). The complaint need not include “detailed factual allegations.” Phillips v. Cnty. of Allegheny, 515 F.3d 224, 231 (3d Cir.2008) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Moreover, the court must construe the alleged facts, and draw all inferences gleaned therefrom, in the light most favorable to the non-moving party. See id. at 228 (citing Worldcom, Inc. v. Graphnet, Inc., 343 F.3d 651, 653 (3d Cir.2003)). However, “legal conclusions” and “[t]hreadbare recitals of the elements of a cause of action ... do not suffice.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. Rather, the complaint must present sufficient “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Sheridan v. NGK Metals Corp., 609 F.3d 239, 263 n. 27 (3d Cir.2010) (quoting Iqbal, 556 U.S. at 678, 129 S.Ct. 1937).

[723]*723Ultimately, whether a plaintiff has shown a “plausible claim for relief’ is a “context specific” inquiry that requires the district court to “draw on its judicial experience and common sense.” Iqbal, 556 U.S. at 679, 129 S.Ct. 1937. The relevant record under consideration includes the complaint and any “document integral or explicitly relied on in the complaint.” U.S. Express Lines, Ltd. v. Higgins, 281 F.3d 383, 388 (3d Cir.2002) (citing In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir.1997)). If a complaint is vulnerable to dismissal pursuant to Rule 12(b)(6), the district court must permit a curative amendment, irrespective of whether a plaintiff seeks leave to amend, unless such amendment would be inequitable or futile. Phillips, 515 F.3d at 236; see also Shane v. Fauver, 213 F.3d 113, 115 (3d Cir.2000).

V. DISCUSSION

The complaint contains three counts. Count One alleges a Bivens action against Defendants, including Rite Aid, for depriving Davis of his property interest — in his registration with the DEA and in his ability to maintain his medical practice — without due process of law in violation of the Fifth Amendment. (ECF No. 1, Compl. ¶¶ 21-24).

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Bluebook (online)
994 F. Supp. 2d 719, 2014 WL 198528, 2014 U.S. Dist. LEXIS 5547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-holder-pawd-2014.