Doe v. Delie

257 F.3d 309, 2001 WL 817680
CourtCourt of Appeals for the Third Circuit
DecidedJuly 19, 2001
Docket99-3019
StatusUnknown
Cited by97 cases

This text of 257 F.3d 309 (Doe v. Delie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Delie, 257 F.3d 309, 2001 WL 817680 (3d Cir. 2001).

Opinions

OPINION OF THE COURT

ROTH, Circuit Judge:

John Doe, a former inmate of the Pennsylvania Department of Corrections, is HIV-positive. He was informed by the medical staff at the State Correctional Institution at Pittsburgh (SCIP) that his medical condition would be kept confidential. However, because of certain practices permitted by prison officials, Doe’s condition was not kept confidential. Doe sued under 42 U.S.C. § 1983, claiming that prison practices violated his right to medical privacy under the Fourteenth Amendment and under the Pennsylvania Confidentiality of HIV-Related Information Act, 35 P.S. § 7601 et seq. The District Court granted defendants’ motions to dismiss the § 1983 claims on the basis of qualified immunity, declined jurisdiction over the state claims, and dismissed the case.

Although we ultimately agree that defendants are entitled to qualified immunity, we do not agree with the District Court’s reasoning. We hold that the Fourteenth Amendment protects an inmate’s right to medical privacy, subject to legitimate penological interests. However, because this right was not clearly established at the time of defendants’ conduct, we will affirm the dismissal of Doe’s complaint.

I. FACTS

John Doe arrived at SCIP on January 11, 1995. Shortly thereafter, Doe was informed by the medical staff that he was HIV-positive. After signing a written consent of disclosure form, he was told that his medical condition would be kept confidential and that medical records relating to his illness would be maintained separately from his general prison file.

Because of certain procedures permitted by defendants, Doe’s condition was not kept confidential. Specifically, when Doe was taken for sick call appointments, staff informed the escorting officers of Doe’s medical condition. During physician visits, staff kept the door to the clinic room open, allowing officers, inmates, and [312]*312guards in the area to see and hear Doe and the treating physician. Finally, while administering medication, nurses announced his medication loudly enough for others to hear, allowing inmates to infer Doe’s condition. Doe filed administrative grievances concerning the sick call and medication distribution practices, but the grievances did not bring about any change in the practices.

On July 11, 1997, Doe, proceeding pro se, filed suit under 42 U.S.C. § 1983 and the Pennsylvania Confidentiality of HIV Related Information Act, 35 P.S. § 7601 et seq. in the United States District Court for the Western District of Pennsylvania. The complaint named as defendants Joan Delie, Health Care Administrator at SCIP; Dr. Paul Noel, Medical Director of SCIP; Diane Manson, a Nurse/Grievance Officer; and Sophie Swika and Kim Zimmerman, both nurses at SCIP. Doe claimed his constitutional right to privacy was violated by the “open-door” examination room policy, by the disclosure of his medical condition to corrections officer escorts, and by the loud announcement of the names of his medications. He alleged that these practices made him reluctant to discuss embarrassing symptoms with doctors, subjected him to psychological harassment and humiliation, and caused him to discontinue treatment. Doe requested declaratory and injunctive relief, as well as nominal, compensatory, and punitive damages.

On August 5,1997, Doe filed motions for a temporary restraining order and a preliminary injunction ordering defendants to provide for nondisclosure of his medical information during sick call visits and medication distribution. The Magistrate Judge recommended that both motions be denied pending service of the complaint and motions on defendants. This Report and Recommendation was adopted by the District Court on September 16,1997.

After service of the complaint,1 defendants Delie, Manson, and Swika, and defendant Noel by separate motion, moved to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Doe was granted leave to file an amended complaint and did so on March 3, 1998. The amended complaint added James Price, the superintendent of SCIP, as a defendant and otherwise reasserted Doe’s privacy claims. Defendants reasserted their motions to dismiss based, inter alia, on the defense of qualified immunity, which shields public officials from actions for damages unless their conduct was unreasonable in light of clearly established law.

The Magistrate Judge issued a Report and Recommendation on September 21, 1998. The Magistrate found that no clear federal constitutional right to nondisclosure of an inmate’s medical condition exists and recommended dismissal of defendants Delie, Manson, Swika, and Price on grounds of qualified immunity. The Magistrate found that the only involvement alleged as to defendant Noel was his inadequate response to Doe’s grievances, which did not give rise to a § 1983 claim. In addition, the Magistrate Judge found, sua sponte, that defendant Zimmerman was entitled to qualified immunity for her alleged misconduct and recommended dismissal of the complaint against her pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Finally, the Magistrate Judge recommended that the District Court decline to exercise supplemental jurisdiction over Doe’s state law claims.

[313]*313Over Doe’s objections, the District Court adopted the Magistrate Judge’s Report and Recommendation and dismissed the case on December 17, 1998. On January 18, 1999, Doe filed his notice of appeal of the District Court’s decision. We appointed counsel for Doe and have benefitted as a result from counsel’s 'willingness to undertake this representation.

Shortly before oral argument, counsel informed us that Doe was awaiting a retrial on his conviction. Counsel has now informed us that Doe was acquitted in his re-trial, and therefore is no longer an inmate at SCIP.

II. JURISDICTION AND STANDARD OF REVIEW

The District Court had subject matter jurisdiction over Doe’s § 1983 claims pursuant to 28 U.S.C. § 1331 and over the state law claim under 28 U.S.C. § 1367. We have appellate jurisdiction over the District Court’s final judgment pursuant to 28 U.S.C. § 1291. We exercise plenary review over the District Court’s dismissal of a complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim. Piecknick v. Commonwealth of Pennsylvania, 36 F.3d 1250, 1255 (3d Cir.1994). We must accept as true all of the factual allegations in the complaint as well as the reasonable inferences that can be drawn from them. Moore v. Tartler, 986 F.2d 682, 685 (3d Cir.1993). We may dismiss the complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations. Hishon v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

William Webb, Jr. v. Department of Justice
117 F.4th 560 (Third Circuit, 2024)
Johnson v. Blue Shirt Davis
M.D. Pennsylvania, 2024
James v. Wetzel
M.D. Pennsylvania, 2024
Abdullah v. Briggs
M.D. Pennsylvania, 2024
Pierre v. John Doe
M.D. Pennsylvania, 2024
MEDINA v. LITTLE
E.D. Pennsylvania, 2023
WENHOLD v. GAGLIONE
E.D. Pennsylvania, 2023
Washington v. Myers
M.D. Pennsylvania, 2023
Davis v. Federal Bureau of Prisons
M.D. Pennsylvania, 2023
COLEMAN v. GALLAGHER
E.D. Pennsylvania, 2023
Zamichieli v. Ficks
M.D. Pennsylvania, 2023
Smith v. Morgan
M.D. Pennsylvania, 2023
FORD v. SMITH
D. New Jersey, 2023
MEDINA v. DET. SAL APRILE
E.D. Pennsylvania, 2023
CLARK v. CAMPER
E.D. Pennsylvania, 2023

Cite This Page — Counsel Stack

Bluebook (online)
257 F.3d 309, 2001 WL 817680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-delie-ca3-2001.