Carol Ancata, Individually, as Natural Guardian of Tara Ancata, and as Personal Representative of Anthony Ancata, Deceased v. Prison Health Services, Inc., a Delaware Corp., Susan Colligan, Karen Sutton, R. Hargrove, Henry Blady, Robert Butterworth, and George Brescher, in His Capacity as Sheriff of Broward County

769 F.2d 700 (11th Cir. 1985) · United States Court of Appeals for the Eleventh Circuit · August 26, 1985 · No. No. 84-5923

Summary

The Eleventh Circuit reversed the dismissal of a § 1983 action arising from the alleged deliberate indifference to a pretrial detainee’s serious medical needs, including delayed diagnostic evaluations and treatment. The court held that the complaint sufficiently stated claims against the private medical provider and its personnel, and that claims against Broward County and the sheriffs were not necessarily based solely on respondeat superior. The court also held that dismissal of the pendent state-law claims was premature and remanded the case.

Court
United States Court of Appeals for the Eleventh Circuit
Writing for the Court
Clark, Circuit Judge; Henderson, Circuit Judge; Tuttle, Senior Circuit Judge
Jurisdiction
Federal
Decision date
August 26, 1985
Docket number
No. 84-5923
Procedural posture
Appeal from dismissal under Rule 12(b)(6) of all counts of a first amended complaint asserting claims under 42 U.S.C. § 1983 and pendent state-law claims.
Standard of review
De novo review of dismissal for failure to state a claim; pleaded facts are accepted as true and construed in the plaintiff's favor, and dismissal is improper unless the plaintiff can prove no set of facts entitling her to relief.
Precedential value
published precedential Eleventh Circuit opinion
Parties
Carol Ancata, individually, as natural guardian of Tara Ancata, and as personal representative of Anthony Ancata, deceased v. Prison Health Services, Inc., Susan Colligan, Karen Sutton, R. Hargrove, Henry Blady, Robert Butterworth, George Brescher, in his capacity as Sheriff of Broward County
Disposition
reversed_and_remanded

Topics

section 1983prisoners rightsmedical licensingmunicipal liabilityappellate procedure

Practice areas

civil rightsconstitutional lawcorrections and prisonershealth lawmunicipal liabilityappellate procedure

Questions Presented

  1. Whether the complaint sufficiently alleged deliberate indifference to Ancata's serious medical needs to survive dismissal against Prison Health Services and its medical employees.
  2. Whether the claims against Broward County and the sheriffs were based solely on respondeat superior or instead alleged liability arising from their own policies, customs, duties, or personal involvement.
  3. Whether dismissal of the pendent state-law claims was premature after the complaint adequately stated a federal claim.

Holdings

  1. The complaint sufficiently alleged a constitutional claim for deliberate indifference to serious medical needs; dismissal before discovery was improper.
  2. A private entity contracted to provide medical care to county jail inmates and its employees may act under color of state law because they perform a function traditionally reserved to the state or county.
  3. The claims against Broward County and the sheriffs were not necessarily based solely on respondeat superior and should not have been dismissed before discovery.
  4. Dismissal of the pendent state-law claims was premature because the federal claims were substantial and the state and federal claims arose from a common nucleus of operative fact.

Key quotations

Deliberate indifference to serious medical needs is shown when prison officials have prevented an inmate from receiving recommended treatment or when an inmate is denied access to medical personnel capable of evaluating the need for treatment. (at 703)
Intentional failure to provide service acknowledged to be necessary is the deliberate indifference proscribed by the Constitution. (at 704)
This duty is not absolved by contracting with an entity such as Prison Health Services. (at 705)

Factual background

Anthony Ancata was arrested and held as a pretrial detainee in the Broward County Jail. After developing numerous serious symptoms, he allegedly received little evaluation or treatment from Prison Health Services and its medical employees, who refused to arrange orthopedic or neurological examinations without court orders and payment despite his indigency. Court-ordered evaluations eventually led to hospitalization and a leukemia diagnosis; Ancata died of respiratory failure on December 30, 1982.

Procedural history

The plaintiff filed an original complaint in August 1984 and an amended complaint in October 1984. The district court dismissed all counts on November 19, 1984, concluding that the medical defendants' alleged conduct amounted at most to malpractice and that the claims against the county and sheriffs rested solely on respondeat superior. The Eleventh Circuit reversed and remanded.

Remand instructions

Remand for proceedings consistent with the opinion, including further proceedings and discovery on the deliberate-indifference claims, the policy-or-custom and fiscal-responsibility issues involving the county and sheriffs, and the pendent state-law claims.

Court Document

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