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Mayfield v. Presbyterian Hosp. Admin. Bso Dept.

United States District Court, D. New Mexico

January 23, 2018

EARL R. MAYFIELD, Plaintiff,
v.
PRESBYTERIAN HOSP. ADMIN. BSO DEPT., OUTSIDE AGENCY, ALBUQ AMBULANCE, JANE/JOHN DOE, Defendants.

          MEMORANDUM OPINION AND ORDER

         THIS MATTER is before the Court on under 28 U.S.C. §§ 1915A and 1915(e)(20(B) and Fed.R.Civ.P. 12(b)(6) on the Prisoner's Civil Rights Complaint filed by Plaintiff Earl R. Mayfield. (Doc. 1). The Court determines that Mayfield's Complaint fails to state a federal civil rights claim for relief, declines to exercise supplemental jurisdiction over any state-law claims, and dismisses this case without prejudice to Mayfield's right to re-file his claims under state law in New Mexico state court.

         Plaintiff Earl R. Mayfield filed his Prisoner's Civil Rights Complaint on Mary 31, 2017. (Doc. 1). He names, as Defendants, Pres. Hosp. Admin. (apparently Presbyterian Hospital), BSO Dept. (presumably Bernalillo County Sheriff's Office), Outside Agency, Albuq Ambulance (presumably Albuquerque Ambulance), Jane/John Doe, and possible MDC (apparently Metropolitan Detention Center). (Doc. 1 at 1). Mayfield claims:

“I was admitted to Emergency Room May 4, 2016 where my constitutional State and Fed rights Hippa/civil rights state and Federal medical malpractice, attempted murder, assault, rape, violation of due process, conspiracy with BSO Albuq Ambulance and other unknown agency's overly medicated.
. . .
I was taken to Pres Hosp by Albuq Ambulance after being remanded into custody by BSO, while in custody other outside Jane/John Doe agency was called. . . Violation of Hippa, Due Process, Equal Process, Cruel & Unusual punishment, Fed. & State constitutional Civil Rights 1964, Deliberate indifference, Assault, Medical Malpractice, Abuse of power, Excessive force, Attempted Murder, Agrivated Assault, Possible sexual assault.”

(Doc. 1 at 1-2). Mayfield requests the Court award him “$20, 000, 000, for each and every defendant violation of plaintiffs rights, Monetary, Compensatory, Punitive Damages.” (Doc. 1 at 13).

         Plaintiff Mayfield is proceeding pro se and in forma pauperis. The Court has the discretion to dismiss an in forma pauperis complaint sua sponte for failure to state a claim upon which relief may be granted under either Fed.R.Civ.P. 12(b)(6) or 28 U.S.C. § 1915(e)(2)(B). A claim should be dismissed where it is legally or factually insufficient to state a plausible claim for relief. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).

         Under Fed.R.Civ.P. 12(b)(6) the Court must accept all well-pled factual allegations, but not conclusory, unsupported allegations, and may not consider matters outside the pleading. Twombly, 550 U.S. at 555; Dunn v. White, 880 F.2d 1188, 1190 (10th Cir. 1989). The court may dismiss a complaint under rule 12(b)(6) for failure to state a claim if “it is ‘patently obvious' that the plaintiff could not prevail on the facts alleged.” Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991) (quoting McKinney v. Oklahoma Dep't of Human Services, 925 F.2d 363, 365 (10th Cir. 1991)). A plaintiff must allege “enough facts to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570.

         Under § 1915(e)(2)(B) the court may dismiss the complaint at any time if the court determines the action fails to state a claim upon which relief may be granted. § 1915(e)(2)(B)(2). The authority granted by § 1915 permits the court the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly baseless. Neitzke v. Williams, 490 U.S. 319, 327 (1989). See also Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir.1991). The authority to “pierce the veil of the complaint's factual allegations” means that a court is not bound, as it usually is when making a determination based solely on the pleadings, to accept without question the truth of the plaintiff's allegations. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). The court is not required to accept the truth of the plaintiff's allegations but, instead, may go beyond the pleadings and consider any other materials filed by the parties, as well as court proceedings subject to judicial notice. Denton, 504 U.S. at 32-33.

         The Court liberally construes the factual allegations in reviewing a pro se complaint. See Northington v. Jackson, 973 F.2d 1518, 1520-21 (10th Cir. 1992). However, a pro se plaintiff's pleadings are judged by the same legal standards that apply to all litigants and a pro se plaintiff must abide by the applicable rules of court. Ogden v. San Juan County, 32 F.3d 452, 455 (10thCir. 1994). The court is not obligated to craft legal theories for the plaintiff or to supply factual allegations to support the plaintiff's claims. Nor may the court assume the role of advocate for the pro se litigant. Hall v. Bellmon, 935 F.2d at 1110.

         In deciding whether to dismiss the complaint, in whole or in part, the court is to consider whether to allow plaintiff an opportunity to amend the complaint. Pro se plaintiffs should be given a reasonable opportunity to remedy defects in their pleadings. Reynoldson v. Shillinger, 907 F.2d 124, 126 (10th Cir. 1990). The opportunity to amend should be granted unless amendment would be futile. Hall v. Bellmon, 935 F.2d at 1109. An amendment is futile if the amended claims would also be subject to immediate dismissal under the rule 12(b)(6) or § 1915(e)(2)(B) standards. Bradley v. Val-Mejias, 379 F.3d 892, 901 (10th Cir. 2004).

         I. MAYFIELD'S COMPLAINT FAILS TO STATE A FEDERAL CLAIM FOR RELIEF

         Plaintiff Mayfield appears to assert claims under 42 U.S.C. § 1983 for violation of constitutional rights, under the Health Insurance Portability and Accountability Act (HIPAA), and possibly the Americans With Disabilities Act (ADA). (Doc. 1 at 1-2). His Complaint fails to state any federal claim for relief.

         A. Section 1983 Civil Rights Claims: 42 U.S.C. § 1983 is the exclusive vehicle for vindication of substantive rights under the U.S. Constitution. See, Baker v. McCollan,443 U.S. 137, 144 n. 3 (1979); Albright v. Oliver,510 U.S. 266, 271 (1994) (Section 1983 creates no substantive rights; rather it is the means through which a plaintiff may seek redress for deprivations of rights established ...


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