Opinion
7:01-CV-095-R
February 27, 2002
ORDER
This is an action filed pursuant to 42 U.S.C. § 1983 by an inmate currently confined in the Ellis I Unit of the Texas Department of Criminal Justice in Huntsville, Texas. On January 17, 2002, questions were issued to Plaintiff, his answers to which were filed on February 14, 2002. Mixon claims that he was denied medical care for a broken foot. Complaint ¶ V He seeks monetary damages and injuuctive relief. Id. at ¶ VI.
In order to state a colorable claim for the denial of medical care under the Eighth Amendment, "a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 292 (1976). "Deliberate indifference" under the Eighth Amendment occurs only where a prison official subjectively knows of and disregards a substantial risk to the inmate's health or safety. Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 1979 (1994); Hare v. City of Corinth, Miss., 74 F.3d 633, 650 (5th Cir. 1996). However, it is well established that negligent or erroneous medical treatment or judgment does not provide a basis for a § 1983 claim. Graves v. Hampton, 1 F.3d 315, 319 (5th Cir. 1993). As long as jail medical personnel exercise professional medical judgment, their behavior will not violate a prisoner's constitutional rights. See Youngberg v. Romeo, 457 U.S. 307, 322-23, 102 S.Ct. 2452, 2461-62 (1982). A disagreement over the appropriate medical treatment constitutes, at most, a possible claim of medical malpractice appropriately addressed under state law. E.g., Estelle v. Gamble, 429 U.S. at 107-08, 97 S.Ct. at 293; Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir. 1991); Fielder v. Bosshard, 590 F.2d 105, 107 (5th Cir. 1979).
Mixon seeks to hold Texas Tech University liable in this action for its alleged failure to properly train Defendant Hill to provide medical care to inmates. Complaint ¶ V. Plaintiff was given the opportunity to expound on the factual allegations of his complaint by way of questionnaire. See Eason v. Thaler, 14 F.3d 8 (5th Cir. 1994) (requiring further development of insufficient factual allegations before dismissal as frivolous is proper); Watson v. Ault, 525 F.2d 886, 892-93 (5th Cir. 1976) (affirming use of questionnaire as useful and proper means for court to develop factual basis of pro se plaintiff's complaint). A review of Plaintiff's answers reflects that he has failed to articulate facts which, taken as true, would establish that Defendant Texas Tech University had inadequate training procedures for nurses, that Texas Tech officials were deliberately indifferent to the health and safety of future patients in adopting a training policy for TDCJ nurses or that the alleged inadequate training procedures resulted in his alleged denial of medical care. See Plaintiff's Answers to the Court's Questions No. 4-6. Mixon's conclusory allegations, without more, are insufficient to establish liability against Texas Tech University under § 1983. See Fernandez-Montes v. Allied Pilots Ass'n, 987 F.2d 278, 284 (5th Cir. 1993) (holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss,"); Van Cleave v. United States, 854 F.2d 82, 84 (5th Cir. 1988) (requiring specific facts and noting that conclusory allegations are insufficient to maintain a claim under § 1983). To the extent, if any, that Plaintiff's action against Texas Tech University is grounded in negligence, the complaint is without merit. Allegations of negligence do not present a cognizable basis for relief under the Civil Rights Act. See Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662 (1986) (holding that negligence is not actionable under § 1983); Davidson v. Cannon, 474 U.S. 344, 106 S.Ct. 668 (1986) (same).
A district court may dismiss a complaint filed by a prisoner proceeding in forma pauperis if it determines that the action is frivolous. 28 U.S.C. § 1915(e)(2)(B)(i). An action is frivolous if it lacks an arguable basis in either law or fact. Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 1831-32 (1989); Henson-El v. Rogers, 923 F.2d 51, 53 (5th. Cir.), cert. denied, 501 U.S. 1235, 111 S.Ct. 2863 (1991). A complaint is without an arguable basis in law if it is "based on an indisputably meritless legal theory." Nietzke, 490 U.S. at 327, 109 S.Ct. at 1833. The claims set forth in the case at bar against Texas Tech University have no arguable basis in law.
Review of Plaintiffs complaint against Defendant Galia Hill reflects that he has stated a colorable claim under the Civil Rights Act. Service of process upon Defendant Hill will be directed by separate order.
IT IS THEREFORE ORDERED that Plaintiff's claims against Texas Tech University are hereby dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).