Keith Gunther v. Ed Castineta

561 F. App'x 497
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 2, 2014
Docket11-3627
StatusUnpublished
Cited by24 cases

This text of 561 F. App'x 497 (Keith Gunther v. Ed Castineta) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keith Gunther v. Ed Castineta, 561 F. App'x 497 (6th Cir. 2014).

Opinions

BOGGS, Circuit Judge.

Plaintiff-Appellant Keith Gunther, an inmate at the Marion Correctional Institution, brought this prisoner civil-rights action under 42 U.S.C. § 1983, alleging numerous rights violations on the part of fourteen defendants, including six corrections officers and eight medical professionals (collectively, “defendants”). The district court adopted the report and recommendation of the magistrate judge in this matter and dismissed Gunther’s complaint for failure to state a claim. Gunther appeals the dismissal and argues that he adequately pleaded three claims: two claims of deliberate indifference to his medical needs on the part of “[t]he medical staff, particularly Dr. Ojubwii,” and one claim of the use of excessive force by “correction[s] officer Lucal,” all in violation of Gunther’s Eighth Amendment rights. PL’s Br. at 3-4. For the reasons that follow, we affirm the district court’s dismissal with respect to Gunther’s deliberate-indifference claims but reverse and remand with respect to Gunther’s excessive-force claim.

I

We review de novo a district court’s decision to dismiss an inmate’s complaint, under 28 U.S.C. § 1915A, for failure to state a claim. Grinter v. Knight, 532 F.3d 567, 571 (6th Cir.2008). The Prison Litigation Reform Act (“PLRA”) requires district courts to screen and dismiss, inter alia, complaints that fail to state a claim upon which relief may be granted. Id. at 572 (citing 28 U.S.C. § 1915A(b)). “In reviewing a dismissal of a complaint for failure to state a claim, we must construe the complaint in the light most favorable to the plaintiff and accept all well-pleaded factual allegations as true.” Bennett v. [499]*499McBride, 67 Fed.Appx. 850, 853 (6th Cir.2003) (citations omitted).

Pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers, and should therefore be liberally construed. Williams v. Curtin, 631 F.3d 380, 383 (6th Cir.2011) (citations and internal quotation marks omitted). Nevertheless, we apply the “plausibility” standard set out in Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), in screening inmate complaints under 28 U.S.C. § 1915A. Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir.2010). Under that standard, a plaintiffs allegations must be sufficient to enable the court “to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937.

II

As a preliminary matter, we address the defendants’ argument that, in construing Gunther’s allegations for purposes of reviewing the district court’s order, we should consider only the allegations contained in his initial complaint; that is, we should not consider any allegations contained in Gunther’s objections to the magistrate judge’s report. Defs.’ Br. at 11. The defendants argue that such objections are effectively an amendment to the complaint, and that such an amendment is barred by binding precedent in this circuit, including Baxter v. Rose, 305 F.3d 486, 489 (6th Cir.2002) and McGore v. Wrigglesworth, 114 F.3d 601, 612 (6th Cir.1997).

To the extent that the eases that the defendants cite support their argument, those cases have been overruled. In LaFountain, we held that “a district court can allow a plaintiff to amend his complaint even when the complaint is subject to dismissal under the PLRA.” LaFoun-tain v. Harry, 716 F.3d 944, 951 (6th Cir.2013). In so doing, we explicitly overruled our contrary holding in McGore, on the ground that the Supreme Court had made clear that “the PLRA’s screening requirement does not — explicitly or implicitly— justify deviating from the usual procedural practice beyond the departures specified by the PLRA itself.” LaFountain, 716 F.3d at 951 (citing Jones v. Bock, 549 U.S. 199, 214, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007)). Accordingly, the district court did not abuse its discretion in considering the allegations made in Gunther’s objections as well as those in his complaint, and we accord them due consideration in reviewing Gunther’s appeal.

Ill

We turn to Gunther’s two deliberate-indifference claims. Gunther claims that “prison officials,” including a Dr. Ojubwii and his staff, were “deliberately indifferent” to Gunther’s back pain (claim one) and mental illness (claim two), in violation of the Eighth Amendment. To prove a violation of the Eighth Amendment based on deliberate indifference, a plaintiff must prove both that, objectively, he had “a serious medical need,” and that, subjectively, the defendant or defendants had “a sufficiently culpable state of mind” with respect to his condition. Johnson v. Karnes, 398 F.3d 868, 874 (6th Cir.2005).

Gunther must first prove that he had a “serious medical need.” “A serious medical need is one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor’s attention.” Harrison v. Ash, 539 F.3d 510, 518 (6th Cir.2008) (citations and internal quotation marks omitted). Whether a medical need is “obvious” does not depend on whether it was in fact obvious to anyone at the time; that issue goes [500]*500to the subjective, rather than the objective, component of deliberate indifference. Rather, the question is whether the average person would easily recognize — whether from observing the person or being told of his symptoms — that the plaintiffs condition needed treatment.

The case law is unclear as to what must be “obvious” about a medical need for it to be considered serious. Some cases have implied that a medical need is obvious to a layperson only if the layperson could easily detect it. These cases, however, typically do not distinguish the objective and subjective components of a deliberate-indifference claim, effectively combining them into one inquiry. See, e.g., Alexander v. Jones, 284 F.3d 1267 (6th Cir.2000) (holding that “[plaintiff] Alexander’s [glaucoma] condition was not so obvious that a lay person would recognize it”); Gaudreault v. Mun. of Salem, Mass., 923 F.2d 203

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561 F. App'x 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-gunther-v-ed-castineta-ca6-2014.