Keitz v. Unnamed Sponsors of Cocaine Research Study

829 F. Supp. 2d 374, 2011 U.S. Dist. LEXIS 144965, 2011 WL 6293330
CourtDistrict Court, W.D. Virginia
DecidedDecember 16, 2011
DocketCivil Action No. 3:11-cv-00054
StatusPublished
Cited by1 cases

This text of 829 F. Supp. 2d 374 (Keitz v. Unnamed Sponsors of Cocaine Research Study) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keitz v. Unnamed Sponsors of Cocaine Research Study, 829 F. Supp. 2d 374, 2011 U.S. Dist. LEXIS 144965, 2011 WL 6293330 (W.D. Va. 2011).

Opinion

MEMORANDUM OPINION

GLEN E. CONRAD, Chief Judge.

The plaintiff, Michael James Keitz (Keitz or plaintiff), proceeding pro se, filed this amended complaint on November 14, 2011, bringing two claims under 42 U.S.C. § 1983 and one state law technical battery claim. The defendant had filed the original pro se complaint on August 26, 2011. However, on September 1, 2011, after granting the plaintiffs contemporaneously filed motion to proceed informa pauperis, the court dismissed the original complaint pursuant to 28 U.S.C. § 1915(e)(2)(B), concluding that the plaintiff had failed to state a claim upon which relief could be granted and that the plaintiffs claims were frivolous. (Docket No. 3.) After conducting an initial screening of the amended complaint, the court concludes that the plaintiffs § 1983 claims must be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). With the plaintiffs federal claims being dismissed, the court will decline to exercise supplemental jurisdiction over the remaining state law claim.

[376]*376 Factual Background

Slight variances in the facts presented in the original complaint and in the amended complaint prompt the court to summarize the facts anew based on the allegations in the amended complaint.1

According to the amended complaint, the plaintiff responded in the summer of 2009 to radio advertisements and applied to participate in a medical study at the University of Virginia’s Center for Addiction Research and Education (UVA Care). (Docket No. 17 at 1-2.) After extensive physical tests performed by an unnamed male nurse (Unnamed Nurse 1), UVA Care accepted the plaintiffs application and instructed him that he would stay for nine days in UVA Care, beginning on September 7, 2009, during the administration of the study. (Id. at 2.) As part of the study, the plaintiff would orally ingest the drug Topiramate and, subsequently, would be injected with cocaine for the “ostensible]” purpose of testing Topiramate’s effect on a drug user’s desire for cocaine. (Id.) According to the plaintiff, he ingested doses of Topiramate, received four cocaine injections, and otherwise completed the nine-day study “without incident, except for some panic and discomfort surrounding the 4 cocaine injections he underwent.” (Id.)

In addition to this panic and discomfort, the plaintiff alleges that, during the study, both he and another participant “were subjected to odd interrogational questioning by staff while still under the influence of the test drugs.” (Id.) As part of the interrogational techniques allegedly employed against them, the UVA Care staff asked the plaintiff and the other participant to “name random words starting with a certain letter in a 60 second time-frame.” (Id.) The plaintiff expounds in his amended complaint on this particular interrogational technique:

8. This plaintiff was astonished at his ability to rattle off multi syllable words, often exclaiming afterward — “is that a word?” [and] not knowing from whence such word came!
9. Then the plaintiffs mind seemed to just as quickly to [sic] fail him [and] he couldn’t think of any word at all (relevant to the test).
10. When plaintiff reported this discrepancy in ability to answer to the questioner, she replied[,] “That’s common.”
11. At one point immediately following an injection [of cocaine], plaintiffs co-participant’s heart rate skyrocketed on the monitor. The man then stood up launching into a 5 minute diatribe of his most personally held regrets [and] short comings. 20 minutes later, he exclaimed[,] “I don’t know why I said that stuff ... Nothing like that has ever happened to me before.”

(Id. at 3.)

UVA Care discharged the plaintiff after the nine-day study, furnishing the plaintiff with written instructions to report immediately to the emergency room in the event that he experienced certain “physical [or] manic symptoms.” (Id.) At about the time of his release, on or about September 16 or 17, the plaintiff began to experience some of the symptoms identified in the instructions, namely, euphoria and increased hearing sensitivity. (Id.) On September 18, according to the amended complaint, these symptoms “took a turn for the worse with the sudden arrival of tingling/numbness in the face, coupled with intense fear [377]*377of being a victim of a poisoning conspiracy.” (Id.) With the advent of these intensified symptoms, the plaintiff was transported by ambulance to the emergency room at the University of Virginia Medical Center (UVA ER), the site of the drug study. (Id.) The plaintiff communicated to the UVA ER staff his participation in the Topiramate and cocaine study. (Id. at 3-4.) The UVA ER staff then directed the plaintiff to linger in the lobby “where he suffered] alone w/facial paralysis [and] panic.” (Id. at 4.) After hours of waiting in this “fearful state,” a woman summoned him to the window. (Id.) While at the window, the plaintiff spoke to the woman about the UVA ER staffs inaction toward his “serious medical and psychiatric needs.” (Id.) After this conversation, the plaintiff was unable to walk back to his seat and collapsed on the floor in front of the window. (Id.) The woman to whom he spoke at the window “disdainfully inform[ed him] he ‘can’t sit [there].’ ” (Id.) A nurse who passed the plaintiff as he lay collapsed on the floor remarked, “That guy[’]s crazy.” (Id.)

According to the amended complaint, the plaintiff repeatedly phoned his parents in North Carolina during his hours of waiting in the UVA ER, relating to them his situation. (Id.) His parents phoned the hospital to inquire why the UVA ER staff “failfed] to ‘lift a finger’ to aid their son.” (Id.)

Finally, the plaintiff alleges, “after more lengthy delay and parental intervention,” the UVA ER staff led the plaintiff to an “isolated (storage type) area out of earshot of other patients.” (Id.) Three doctors (Unnamed Doctors 4, 5, and 6) then entered the room. (Id.) The plaintiff explained to them his symptoms and that he “feels his ‘eye vein’ is why he is ill.” (Id.) Obviously, the plaintiff alleges, “this puts staff (again) on notice of a serious medical [and] mental condition, known to exist for hours on end, [and] a byproduct of a drug study in their hospital, gone awry.” (Id.) The three doctors left the room and, shortly thereafter, a female nurse appeared, administered valium to the plaintiff, and ushered him out of the hospital. (Id.)

The plaintiffs “fullblown mania” persisted into the following morning. (Id.) The plaintiff phoned the female research assistant from the drug study (Unnamed Nurse 3) and spoke with her repeatedly that morning, noting that she “act[ed] nervous but offer[ed] no help.” (Id. at 4-5.) The plaintiff continued to contact the UVA Care staff for the next several days, communicating his symptoms and his experience at the UVA ER. (Id.

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829 F. Supp. 2d 374, 2011 U.S. Dist. LEXIS 144965, 2011 WL 6293330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keitz-v-unnamed-sponsors-of-cocaine-research-study-vawd-2011.