Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Arriaga v. Roberts

United States District Court, D. Utah

March 21, 2019

MAXIMINO ARRIAGA, Plaintiff,
v.
SIDNEY ROBERTS et al. Defendants.

          MEMORANDUM DECISION & ORDER DISMISSING DEFENDANTS AND GRANTING MOTION FOR SUMMARY JUDGMENT

          ROBERT J. SHELBY UNITED STATES DISTRICT COURT.

         Plaintiff, Maximino Arriaga, brings civil-rights claims against Utah State Prison (USP) defendants, Tony Washington, Bruce Burnham, and Sidney Roberts. See 42 U.S.C.S. § 1983 (2019). He argues these defendants violated his federal Eighth Amendment rights by providing inadequate medical care because of Plaintiff's immigration status.

         Defendants filed a Martinez report, (Doc. No. 29), including this documentation: (1) declarations of Defendants and other relevant USP staff; (2) medical records; and (3) USP grievance policy. Based on their Martinez report, Defendants move for summary judgment, asserting qualified immunity. (Doc. No. 34.) Plaintiff replies, adding his sworn affidavit to the evidence. (Doc. No. 38.) The Court rules for Defendants.

         SUMMARY-JUDGMENT STANDARD

         Summary judgment is proper when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A party may support factual assertions by “citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials.” Id. at 56(c)(1). Summary judgment's purpose “is to isolate and dispose of factually unsupported claims or defenses.” Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986).

         The movant has the “initial burden to demonstrate an absence of evidence to support an essential element of the non-movant's case.” Johnson v. City of Bountiful, 996 F.Supp. 1100, 1102 (D. Utah 1998). Once movant meets this burden, “the burden then shifts to the non-movant to make a showing sufficient to establish that there is a genuine issue of material fact regarding the existence of that element.” Id. To do so, the non-movant must “go beyond the pleadings and ‘set forth specific facts' that would be admissible in evidence in the event of a trial from which a rational trier of fact could find for the nonmovant.” Adler v. Wal-Mart Stores, 144 F.3d 664, 671 (10th Cir. 1999) (citation omitted). In ruling on a summary-judgment motion, this Court must “examine the factual record and reasonable inferences therefrom in the light most favorable to the party opposing the motion.” Sealock v. Colorado, 218 F.3d1205, 1209 (10th Cir. 2000).

         This Court notified Plaintiff that, in response to a summary-judgment motion, “Plaintiff cannot rest upon the mere allegations in the complaint. Instead . . . Plaintiff must allege specific facts, admissible in evidence, showing that there is a genuine issue remaining for trial.” (Doc. No. 17, at 3.) In Plaintiff's response, he did not identify material facts in dispute.

         QUALIFIED IMMUNITY

         Defendants' assertion of qualified immunity modifies the summary-judgment review. Asserting qualified immunity, a state employee creates a rebuttable presumption that she is immune from the plaintiff's § 1983 claims. See Medina v. Cram, 252 F.3d 1124, 1129 (10th Cir. 2001). And rather than “focus[ing] on the existence of genuine disputes of material fact, ” the court must “'determine whether plaintiff's factual allegations are sufficiently grounded in the record such that they may permissibly comprise the universe of facts that will serve as the foundation for answering the legal questions before the court.'” Spencer v. Abbott, No. 16-4009, 2017 U.S. App. LEXIS 24668, at *10 n.6 (10th Cir. Dec. 5, 2017) (unpublished) (emphasis in original) (quoting Cox v. Glanz, 800 F.3d 1231, 1243 (10th Cir. 2015)).

         The qualified immunity analysis has two parts: first, whether, under the facts alleged by the plaintiff, the government officials violated a constitutional right; and second, “whether the right at issue was ‘clearly established' at the time of the defendant's alleged misconduct.” Pearson v. Callahan, 555 U.S. 223, 232 (citing Saucier v. Katz, 533 U.S. 194, 201 (2001)). If the plaintiff fails to satisfy either element of his burden, the court must grant the defendant qualified immunity. See Medina, 252 F.3d at 1128. When the material facts are not disputed, the question of immunity “is a legal one for the court to decide.” Gomes v. Wood, 451 F.3d 1122, 1136 (10th Cir. 2006). Such is the case here.

         UNDISPUTED MATERIAL FACTS[1]

• The Amended Complaint was filed on July 30, 2017.[2] (Doc. No. 16.)
• During the relevant time period, Plaintiff was a USP inmate. (Doc. No. xx)
• During the relevant time, Defendant Washington was Clinical Services Bureau Administrator at USP. (Doc. No. 29-3, at 3.) He is the administrator of the medical department and staff, but does not give medical treatment or input regarding clinical decisions for patients. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.