Iruegas v. Poe

374 F. App'x 513
Court of Appeals for the Fifth Circuit·Decided March 22, 2010·No. No. 09-10471·Published·Cited by 1 cases

Opinion

PER CURIAM: *

Gilberto Iruegas appeals the dismissal with prejudice of his 42 U.S.C. § 1983 suit alleging deliberate indifference to his health, safety, and serious medical needs, against various security and medical employees of the Texas Department of Criminal Justice (“Defendants”). The magistrate judge dismissed Iruegas’s suit as frivolous after holding a Spears hearing. (Spears v. McCotter, 766 F.2d 179 (5th Cir.1985), overruled on other grounds, Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989)). Irue-gas argues that because he had retained counsel, the Spears hearing should not have been conducted. Iruegas also argues that the magistrate judge erroneously [515] failed to allow cross-examination or properly identify and authenticate any documents, and that Iruegas’s testimony established a prima facie case of deliberate indifference.

Because 28 U.S.C. § 1915A(a) requires screening of all informa pauperis suits by a prisoner against government officials and § 1915(e)(2)(B) mandates dismissal of frivolous in forma pauperis suits, the magistrate judge did not err by conducting a Spears hearing despite Iruegas’s retention of counsel. Additionally, because Defendants did not introduce any witnesses or documents at the Spears hearing, Irue-gas’s argument that the magistrate judge committed reversible error by failing to allow cross-examination or to properly identify and authenticate any documents entirely lacks merit. Finally, because Iruegas’s complaint lacks an arguable basis in either law or fact, we affirm the magistrate judge’s dismissal of his § 1983 suit as frivolous.

I. FACTUAL AND PROCEDURAL HISTORY

While confined as an administrative segregation inmate, Iruegas slipped as he walked from the shower to his cell and fell down approximately ten stairs. Texas Department of Criminal Justice (“TDCJ”) policy requires that two officers escort administrative segregation inmates from the shower to their cells, with one holding the inmate’s arm. Only one TDCJ officer escorted Iruegas on this occasion, however, and did not hold his arm. Iruegas suffered cuts and bruises to his back, neck, shoulder, head, forearm, and leg.

Although TDCJ regulations require officers to call the medical department immediately in the event of an accident, officers ordered Iruegas to return to his cell despite his request for medical treatment. Later that day, however, he received medical attention from Dr. Adel Nafrawi, consisting of X-rays and non-prescription pain relievers. The X-rays revealed that Irue-gas had not broken any bones. Dr. Naf-rawi did not clean his cuts.

The next day, Iruegas saw Debora Caldwell, a physician’s assistant, who told him that despite his bruises, there was nothing wrong with him and that the pain would subside in time. Iruegas requested that Caldwell order an MRI, but she refused. For the remainder of his time as an inmate, Iruegas repeatedly asked TDCJ medical staff for an MRI, to no avail.1 Despite trying several different non-prescription pain relievers, Iruegas testified that he remained in pain and experienced difficulty lifting his arms over his head and bending or squatting.

Iruegas sought administrative relief and then filed a pro se, infama pauperis civil rights complaint in the Dallas Division of the Northern District of Texas raising allegations that Defendants acted with deliberate indifference to his health and safety, and to his serious medical needs. The case was transferred to the Abilene Division, and then transferred again to the docket of a magistrate judge with instructions to conduct a Spears hearing for screening pursuant to 28 U.S.C. §§ 1915 and 1915A. Iruegas subsequently waived his right to proceed before a district judge.

The magistrate judge characterized Iruegas’s action as a § 1983 suit and scheduled a Spears hearing. Prior to his Spears hearing, Iruegas retained counsel. Iruegas’s counsel appeared on his behalf at the hearing, and although neither Defen[516] dants nor their counsel appeared, an employee of the prison system was present. This employee offered no testimony and did not attempt to introduce any evidence. Iruegas testified, but offered no other evidence to support his claims.

The magistrate judge dismissed Irue-gas’s claims with prejudice, finding that he failed to state a cognizable constitutional claim for deliberate indifference as to any Defendant. To the extent that Iruegas directed his claims against Defendants in their official capacity, the magistrate judge also dismissed them with prejudice, finding the claims barred by sovereign immunity.2 Iruegas timely appealed.

II. DISCUSSION

We review de novo the magistrate judge’s dismissal of Iruegas’s in forma pauperis complaint as frivolous under 28 U.S.C. § 1915A. Geiger v. Jowers, 404 F.3d 371, 373 (5th Cir.2005). On appeal, Iruegas advances three arguments: (1) Iruegas had retained counsel before his Spears hearing, and therefore the magistrate judge should not have conducted it; (2) the magistrate judge did not swear in witnesses, allow cross-examination, or identify and authenticate documents at the Spears hearing; and (3) his testimony established a prima facie case for his claims. Not one of these assertions has merit.

A. Propriety of the Spears Hearing

The district court instructed the magistrate judge to conduct a Spears hearing to consider Iruegas’s complaint. The magistrate judge acknowledged that 28 U.S.C § 1915(e)(2) instructs the court to dismiss any frivolous or malicious in forma pau-peris claims, while § 1915A mandates screening all prisoner civil complaints that seek redress from an officer or employee of a governmental entity. He thus found Iruegas’s civil rights action subject to both provisions.

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Iruegas v. Poe, 374 F. App'x 513 (5th Cir. 2010).

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