Eric DePaola v. Harold Clarke
Opinion
*484
Eric J. DePaola, an inmate at the Red Onion State Prison in Virginia (Red Onion), appeals from the district court's dismissal of his allegations under
Upon our review, we apply the "continuing violation" doctrine and hold that DePaola's claims are not time-barred. We further hold that DePaola sufficiently has alleged deliberate indifference by certain defendants to his serious mental health needs, but that he has not adequately alleged deliberate indifference to his physical health needs. Accordingly, we affirm in part, and reverse in part, the district court's judgment, and remand the case to the district court for further proceedings.
I.
In reviewing the defendants' motions to dismiss, we accept as true the factual allegations set forth in DePaola's complaint and draw reasonable inferences therefrom in his favor.
See
King v. Rubenstein
,
The clinical psychologist who submitted the court-ordered evaluation concluded that DePaola suffered from "a major mental illness that involves depression and impulsivity, as well as irrational thinking and poor judgment." The psychologist reported that DePaola had "a long history of mental health treatment" for symptoms of depression, psychomotor agitation, recurring suicidal thoughts, and bizarre thoughts. The psychological evaluation also included a recommendation that DePaola receive "ongoing mental health treatment" and that he likely suffered from "incipient Bipolar Disorder."
When DePaola entered the Virginia Department of Corrections' (VDOC) prison system in 2004 at the age of seventeen, he allegedly informed officials that he had been diagnosed with mental illnesses. Nevertheless, since DePaola's transfer to Red Onion in 2007, Red Onion officials have kept him continuously in solitary confinement. DePaola's projected release date is in August 2039.
DePaola alleges that he continues to experience mental health problems, including extreme agitation, hyperactivity, depression, hopelessness, sleeplessness, and bizarre thoughts. He further alleges that he has attempted suicide on two occasions at Red Onion. First, in May 2010, he "became suicidal," causing mental health officials to order that he "be placed in five point (strap down) restraints for approx. 24 [hours]." Additionally, DePaola alleges that "[a] short while thereafter, [he] again became suicidal & began to starve himself.... [He] was placed on strip cell precautions as a result[, and] only started eating again after he was told that he *485 would be able to speak to the prison psychiatrist." DePaola also claims that he has developed certain physical health problems while at Red Onion, including irritable bowel syndrome and a rash on his penis, and that he has not received adequate treatment for those conditions.
In July 2015, DePaola filed his pro se complaint under Section 1983 against certain officials working at VDOC and Red Onion (collectively, the defendants). 1 DePaola alleges in the complaint that the defendants "have (and continue to) violate[ ]" his rights by acting with deliberate indifference to his physical health needs, as set forth in Count 1, and his mental health conditions, as detailed in Count 2. 2
In particular, DePaola alleges in Count 2 that he notified several prison officials of his mental illnesses but has received no treatment. DePaola claims that he "has repeatedly attempted to obtain help from the [d]efendants E.R. Barksdale, F. Schilling, S. Fletcher, Dr. McDuffie, Huff & Trent verbally &/or written [sic], to no avail." Additionally, DePaola asserts that he has never received any mental health treatment while at Red Onion, including being allowed to speak to an institutional psychiatrist or psychologist.
The defendants filed several separate motions to dismiss DePaola's complaint. The district court granted their motions, holding first that DePaola's claims accruing before July 19, 2013 were barred by Virginia's two-year statute of limitations for personal injury claims. See Va. Code § 8.01-243(A). The court also held that DePaola had failed to allege sufficiently that any defendant was deliberately indifferent to any serious medical need. DePaola appealed from the district court's judgment, and we appointed him counsel for purposes of this appeal.
II.
On appeal, DePaola contends that under the liberal pleading standard applicable to pro se plaintiffs,
King
,
In response, certain defendants maintain that the district court did not err in holding that some of DePaola's claims were time-barred. Also, the defendants broadly contend that DePaola did not allege serious mental or physical health needs to which any of the defendants were deliberately indifferent. We disagree with both arguments advanced by the defendants with respect to DePaola's mental health claims.
A.
We review de novo a district court's decision granting a motion to dismiss.
*486
King
,
Under the Eighth Amendment, prisoners have the right to receive adequate medical care while incarcerated.
See
Scinto v. Stansberry
,
To state a claim under Section 1983 for deliberate indifference to serious medical needs, a prisoner must show that he had a serious medical need, and that officials knowingly disregarded that need and the substantial risk it posed.
King
,
B.
In cases brought under Section 1983, we apply the statute of limitations for personal injuries of the state in which the alleged violations occurred.
See
Wallace v. Kato
,
A Section 1983 claim of deliberate indifference ordinarily accrues when a plaintiff becomes aware or has reason to know of the harm inflicted.
TwoRivers
,
*487
We have not explicitly applied the "continuing violation" doctrine in the context of a Section 1983 claim of deliberate indifference to medical needs. However, certain other circuits have concluded that a prisoner may state a deliberate indifference claim for a continuing violation when prison officials have refused to provide medical attention for an ongoing serious condition.
See
Shomo v. City of N.Y.
,
Consistent with these views expressed by our sister circuits, we conclude that a prisoner may allege a continuing violation under Section 1983 by identifying a series of acts or omissions that demonstrate deliberate indifference to a serious, ongoing medical need. The statute of limitations does not begin to run on such a claim for a continuing violation of a prisoner's Eighth Amendment rights until the date, if any, on which adequate treatment was provided.
See
Lavellee
,
Accordingly, to assert a Section 1983 claim for deliberate indifference under the "continuing violation" doctrine, a plaintiff must (1) identify a series of acts or omissions that demonstrate deliberate indifference to his serious medical need(s); and (2) place one or more of these acts or omissions within the applicable statute of limitations for personal injury.
See
Shomo
,
In the present case, DePaola has alleged a continuing violation of deliberate indifference to his serious mental illnesses. He alleges that he notified VDOC of his mental illnesses during the prison intake process and "repeatedly" sought "help" from officials and medical staff at Red Onion. He asserts that despite this notice to the defendants, and given the ongoing nature of his mental illnesses, the defendants have violated and "continue to" violate his rights by failing to provide any treatment or access to a psychiatrist or a psychologist.
3
See
Heard
,
Moreover, DePaola has alleged that the defendants' acts of deliberate indifference continued within the two years prior to the filing of his complaint. See Va. Code § 8.01-243(A). He alleges that he continues to experience extreme agitation, complete exhaustion, depression, hopelessness, and trance-like states, among other things. As noted, he also claims that he has sought help repeatedly from different defendants at Red Onion up to the date of his complaint and that they continued to deny him treatment. Accordingly, DePaola sufficiently has alleged that the defendants have acted with deliberate indifference within the relevant statutory period. Because DePaola has alleged a claim of deliberate indifference to his serious mental health needs that is ongoing, we hold that DePaola's mental health claims are not time-barred.
C.
We also conclude that DePaola's allegations of deliberate indifference to his serious mental illnesses are sufficient to state a claim against defendants Barksdale, Schilling, Fletcher, McDuffie, Huff, and Trent, because he has alleged serious needs about which those defendants knew and failed to provide necessary treatment.
King
,
DePaola alleges that he became suicidal on at least two occasions at Red Onion, and had experienced agitation, depression, feelings of hopelessness, and trance-like states. DePaola further alleges that certain "mental health officials" at Red Onion responded to his first suicide attempt, which occurred in May 2010, an event that plainly put prison officials on notice that DePaola required attention for ongoing serious mental health conditions that posed a substantial risk to him.
See
Heyer
,
Construing DePaola's complaint liberally, we hold that he sufficiently has alleged that defendants Barksdale, Schilling, Fletcher, McDuffie, Huff, and Trent 4 have been on notice regarding his serious mental health needs since at least May 2010, the date of his first suicide attempt, but allegedly have refused to provide him any mental health treatment since for his ongoing condition. Thus, we conclude that the district court erred in dismissing DePaola's mental health claims of deliberate indifference against those six defendants.
With regard to the other defendants, however, we conclude that DePaola has not sufficiently alleged a claim of deliberate indifference to his mental health conditions. DePaola does not allege in his complaint that any of the other defendants had actual knowledge of his mental health conditions, leaving his claim against them insufficient as a matter of law.
See
King
,
III.
For these reasons, we reverse the district court's dismissal of DePaola's claims of deliberate indifference to his serious mental health needs regarding defendants Barksdale, Schilling, Fletcher, McDuffie, Huff, and Trent. We affirm the remainder of the district court's judgment. We remand the case for further proceedings consistent with this opinion.
AFFIRMED IN PART REVERSED IN PART AND REMANDED
The defendants are (1) VDOC officials, namely: Harold Clarke, VDOC Director; David Robinson, Chief of Operations of VDOC; G.K. Washington, Regional Director for the Western Region of VDOC; and Fred Schilling, Health Services Director at VDOC; (2) certain correctional officials at Red Onion, namely: E.R. Barksdale, Warden; and V. Phipps, the Rehabilitation Nursing Certification Board; and (3) certain doctors and nurses at Red Onion, namely: Dr. McDuffie, psychiatrist; Dr. Smith; Dr. Mullins; L. Stump (Licensed Practical Nurse (LPN)); L. Mullins (LPN); T. Cox (LPN); Qualified Mental Health Professional (QMHP) S. Fletcher; QMHP Huff; and QMHP Trent.
In Count 1, DePaola also alleges that certain prison policies violated his Eighth Amendment rights, which contention we conclude is plainly without merit.
After filing his complaint, DePaola submitted a Verified Statement documenting that he had exhausted his administrative remedies. The Verified Statement attached a grievance record indicating that mental health personnel at Red Onion had monitored DePaola's mental health condition. We conclude that these documents do not invalidate DePaola's claim, because he did not submit them for the truth of their contents but as evidence that he had exhausted his administrative remedies.
See
Goines v. Valley Cmty. Servs. Bd.
,
Defendants Barksdale, Schilling, Fletcher, McDuffie, Huff, and Trent did not raise the defense of qualified immunity in their motions to dismiss in the district court and, therefore, have waived that argument on appeal.
Sales v. Grant
,
Reference
- Full Case Name
- Eric Joseph DEPAOLA, Plaintiff-Appellant, v. Harold W. CLARKE; David Robinson; G. K. Washington; Fred Schilling; E. R. Barksdale; v. Phipps ; Dr. McDuffie; Dr. Smith; Dr. Mullins; L. Stump; L. Mullins; T. Cox; S. Fletcher; Huff; Trent, Defendants-Appellees.
- Cited By
- 294 cases
- Status
- Published