Sanaah v. Howell

384 F. App'x 737
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 25, 2010
Docket10-1000
StatusUnpublished
Cited by4 cases

This text of 384 F. App'x 737 (Sanaah v. Howell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanaah v. Howell, 384 F. App'x 737 (10th Cir. 2010).

Opinion

ORDER AND JUDGMENT **

TIMOTHY M. TYMKOVICH, Circuit Judge.

Emmanuel Sanaah is a state prisoner *739 proceeding pro se. He filed a 42 U.S.C. § 1983 claim in district court, asserting that defendants had violated his Eighth Amendment right to be free of cruel and unusual punishment when a showerhead broke and injured his head, and the medical attention he received was, in his opinion, inadequate. Noting its lack of subject matter jurisdiction, the district court dismissed with prejudice the claims for monetary damages against the defendants in their official capacities. It also dismissed without prejudice the claims for injunctive relief against defendants in their official capacities, as well as all claims against them in their individual capacities, for failure to state a claim upon which relief could be granted.

Having jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM the district court’s decision.

I. Background

Sanaah was incarcerated at the Arkansas Valley Correctional Facility (AVCF) in Crowley, Colorado. According to his Complaint, he was taking a shower at the prison when the showerhead shot off and struck him in the head, causing a gash and knocking him unconscious. After reviving him, officers instructed Sanaah to place a towel on the wound and get dressed so they could take him to the prison’s medical facilities.

When Sanaah arrived at the medical department, Nurse Debb Howell attended to him. She cleansed and bandaged his wound. When he complained of pain and dizziness, she also gave him a regular strength Tylenol. Some time later, with his head still bleeding and hurting, he returned to the medical department, where, he alleges, Howell provided him more Tylenol and instructed him to return to his cell and take a nap. The next day, Sanaah tried again to go to the medical department, but Howell explained that she had already seen him and that he need not return.

At that point, Sanaah filed a request to be seen by a doctor. Five days later, he alleges, he was finally able to see a doctor, but his wound had become infected. The physician’s assistant prescribed antibiotics for the infection and medication for his continued dizziness and head pain.

In October 2008, Sanaah filed an action pursuant to 42 U.S.C. § 1983, asserting that defendants violated his Eighth Amendment right to be free from cruel and unusual punishment by providing him inadequate medical care. Specifically, Sanaah alleged (1) defendant Nurse Debb Howell was deliberately indifferent to Sanaah’s serious medical needs when she failed to provide common care for his head injury, resulting in an infection; (2) defendant Warden Michael Arellano was deliberately indifferent to Sanaah’s serious medical condition, as well as to the maintenance and installation of the showers; (3) defendant Major Scott Grover, Maintenance Supervisor at AVCF, was deliberately indifferent to Sanaah’s serious medical and safety needs and to the poor policies and procedures that led to Sanaah’s injury; (4) defendant Lt. Bos-ley, 1 another maintenance supervisor, was deliberately indifferent when he failed to install and inspect a new showerhead properly and failed to help Sanaah get adequate medical care; and (5) defendant Aristedes Zavaras, Executive Director, was deliberately indifferent to Sanaah’s serious medical and safety needs because he failed to manage and supervise his employees and ensure they provided sufficient medical care and maintenance at AVCF.

*740 Defendants filed a motion to dismiss, which the district court granted. It reasoned that it did not have jurisdiction over the defendants when they were sued in their official capacities for monetary relief. It also reasoned that for claims against the defendants for injunctive relief or in their individual capacities, Sanaah had failed to state a claim on which relief could be granted. Sanaah appeals that decision.

II. Discussion

We review de novo a district court’s dismissal of a complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Van Zanen v. Qwest Wireless, L.L.C., 522 F.3d 1127, 1129 (10th Cir.2008). Because Sanaah is proceeding pro se, we must construe his pleadings liberally. Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir.1991).

First, the district court correctly concluded that it does not have jurisdiction over Sanaah’s claims for monetary damages against the named defendants in their official capacities. As we have made clear, “Neither states nor state officers sued in their official capacity are ‘persons’ subject to suit under section 1983.” Duncan v. Gunter, 15 F.3d 989, 991 (10th Cir.1994) (citing Will v. Michigan Dep’t of State Police, 491 U.S. 58, 70-71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989)). Sanaah therefore may not seek damages from defendants in them official capacities.

State officers sued in their individual capacities, however, “are ‘persons’ subject to suit under section 1983.” Duncan, 15 F.3d at 991. Accordingly, we consider Sanaah’s claims against the defendants in their individual capacities and for injunc-tive relief. We emphasize that “[individual liability under § 1983 must be based on personal involvement in the alleged constitutional violation.” Foote v. Spiegel, 118 F.3d 1416, 1423 (10th Cir.1997). “The Supreme Court has made it clear that liability under § 1983 must be predicated upon a deliberate deprivation of constitutional rights by the defendant.” Woodward v. City of Worland, 977 F.2d 1392, 1399 (10th Cir.1992) (quotations omitted).

We first turn to the claims against Arellano, Grover, and Zavaras, who were acting in a supervisory capacity. “Supervisory status alone does not create § 1983 liability.” Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir.2009) (citing Duffield v. Jackson, 545 F.3d 1234, 1239 (10th Cir.2008)). Instead, there must be “an affirmative link ... between the constitutional deprivation and either the supervisor’s personal participation, his exercise of control or direction, or his failure to supervise.” Green v. Branson,

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384 F. App'x 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanaah-v-howell-ca10-2010.