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Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed
The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court,
Western District of Washington, held that a prisoner failed to prove that
Washington prison officials were deliberately indifferent to his serious
medical needs when they treated him with anti-psychotic medication and
failed to diagnose a lung condition.
Paul L. Howard, a Washington state prisoner, sued the Clark County Jail,
Columbia River Mental Health Services, their employees, and officials of
the Washington Department of Corrections (DOC) under 42 U.S.C. § 1983 and
the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Howard
claimed that while he was a pretrial detainee in the Clark County Jail in
1994 jail and mental health officials forcibly medicated him with
anti-psychotic drugs after misdiagnosing him as having a mental illness.
Howard also claimed that DOC officials continued to treat him with
anti-psychotic medications based on the misdiagnosed mental illness and
that, while he was being treated, officials failed to diagnose a lung
condition (unspecified in the opinion). The district court dismissed
Howard's claims against the jail and mental health services provider as
time-barred and granted summary judgment to prison officials. Howard appealed.
The Court of Appeals held that Howard's claims against the jail and the
mental health service were time-barred. Washington has a three-year statute
of limitations, and Howard's suit was filed well after the time limit.
Howard failed to show any cause why the statute of limitations should be
tolled.
Furthermore, Howard failed to "raise a genuine issue of material fact as to
whether prison officials acted with deliberate indifference to a serious
medical need" regarding the anti-psychotic medication and the lung
condition. Howard also failed to meet the ADA standard for qualifying as
disabled. Summary judgment on those claims was also appropriate.
The district court judgment was affirmed. This case is published in the
Federal Appendix and is subject to rules governing unpublished cases. See:
Howard v. Lehman, 53 Fed.App 814 (9th Cir. 2002).
Western District of Washington, held that a prisoner failed to prove that
Washington prison officials were deliberately indifferent to his serious
medical needs when they treated him with anti-psychotic medication and
failed to diagnose a lung condition.
Paul L. Howard, a Washington state prisoner, sued the Clark County Jail,
Columbia River Mental Health Services, their employees, and officials of
the Washington Department of Corrections (DOC) under 42 U.S.C. § 1983 and
the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Howard
claimed that while he was a pretrial detainee in the Clark County Jail in
1994 jail and mental health officials forcibly medicated him with
anti-psychotic drugs after misdiagnosing him as having a mental illness.
Howard also claimed that DOC officials continued to treat him with
anti-psychotic medications based on the misdiagnosed mental illness and
that, while he was being treated, officials failed to diagnose a lung
condition (unspecified in the opinion). The district court dismissed
Howard's claims against the jail and mental health services provider as
time-barred and granted summary judgment to prison officials. Howard appealed.
The Court of Appeals held that Howard's claims against the jail and the
mental health service were time-barred. Washington has a three-year statute
of limitations, and Howard's suit was filed well after the time limit.
Howard failed to show any cause why the statute of limitations should be
tolled.
Furthermore, Howard failed to "raise a genuine issue of material fact as to
whether prison officials acted with deliberate indifference to a serious
medical need" regarding the anti-psychotic medication and the lung
condition. Howard also failed to meet the ADA standard for qualifying as
disabled. Summary judgment on those claims was also appropriate.
The district court judgment was affirmed. This case is published in the
Federal Appendix and is subject to rules governing unpublished cases. See:
Howard v. Lehman, 53 Fed.App 814 (9th Cir. 2002).
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Related legal case
Howard v. Lehman
| Year | 2002 |
|---|---|
| Cite | 53 Fed.App 814 (9th Cir. 2002). |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
53 Fed.Appx. 814
This case was not selected for publication in the Federal Reporter.
Please use FIND to look at the applicable circuit court rule before citing this opinion. (FIND CTA9 Rule 36-3.)
United States Court of Appeals,
Ninth Circuit.
Paul L. HOWARD, Plaintiff-Appellant,
v.
Joseph LEHMAN, Secretary of Washington Department of Corrections; et al., Defendants,
and
Clark County Jail; Columbia River Mental Health Services; Garry E. Lucas; John Doe, Director of Columbia River Mental Health Services, Defendants-Appellees.
Paul L. Howard, Plaintiff-Appellant,
v.
Clark County Jail; et al., Defendants,
and
Washington Department of Corrections; Joseph D. Lehman, Secretary of Washington Department of Corrections; Alice Payne, Superintendent, McNeil Island Correctional Center, Defendants-Appellees.
Nos. 01-35708, 01-36090.
D.C. No. CV-00-05408-RJB/JKA.
Submitted Dec. 2, 2002.FN*
FN* The panel unanimously finds this case suitable for decision without oral argument. SeeFed. R.App. P. 34(a)(2).
Decided Dec. 12, 2002.
Pro se state prisoner brought suit against county jail, mental health services provider, and department of corrections, alleging that defendants violated the Americans with Disabilities Act (ADA) and prisoner's civil rights by misdiagnosing him and forcibly administering psychiatric medications against his will. The United States District Court for the Western District of Washington, Robert J. Bryan, J., entered judgment against prisoner, and he appealed. The Court of Appeals held that: (1) claims against county jail and mental health services provider and their employees alleging that prisoner was misdiagnosed and was forced to take psychiatric medications were time-barred; (2) prisoner failed to raise a genuine issue of material fact as to whether prison officials acted with deliberate indifference to a serious medical need when they treated him with anti-psychotic medications and failed to diagnose his lung condition; and (3) prisoner failed to raise a genuine issue of material fact as to whether he qualified as disabled under the ADA.
Affirmed.
*816 Appeal from the United States District Court for the Western District of Washington, Robert J. Bryan, District Judge, Presiding.
Before GOODWIN, TROTT, and GRABER, Circuit Judges.
MEMORANDUM FN**
This case was not selected for publication in the Federal Reporter.
Please use FIND to look at the applicable circuit court rule before citing this opinion. (FIND CTA9 Rule 36-3.)
United States Court of Appeals,
Ninth Circuit.
Paul L. HOWARD, Plaintiff-Appellant,
v.
Joseph LEHMAN, Secretary of Washington Department of Corrections; et al., Defendants,
and
Clark County Jail; Columbia River Mental Health Services; Garry E. Lucas; John Doe, Director of Columbia River Mental Health Services, Defendants-Appellees.
Paul L. Howard, Plaintiff-Appellant,
v.
Clark County Jail; et al., Defendants,
and
Washington Department of Corrections; Joseph D. Lehman, Secretary of Washington Department of Corrections; Alice Payne, Superintendent, McNeil Island Correctional Center, Defendants-Appellees.
Nos. 01-35708, 01-36090.
D.C. No. CV-00-05408-RJB/JKA.
Submitted Dec. 2, 2002.FN*
FN* The panel unanimously finds this case suitable for decision without oral argument. SeeFed. R.App. P. 34(a)(2).
Decided Dec. 12, 2002.
Pro se state prisoner brought suit against county jail, mental health services provider, and department of corrections, alleging that defendants violated the Americans with Disabilities Act (ADA) and prisoner's civil rights by misdiagnosing him and forcibly administering psychiatric medications against his will. The United States District Court for the Western District of Washington, Robert J. Bryan, J., entered judgment against prisoner, and he appealed. The Court of Appeals held that: (1) claims against county jail and mental health services provider and their employees alleging that prisoner was misdiagnosed and was forced to take psychiatric medications were time-barred; (2) prisoner failed to raise a genuine issue of material fact as to whether prison officials acted with deliberate indifference to a serious medical need when they treated him with anti-psychotic medications and failed to diagnose his lung condition; and (3) prisoner failed to raise a genuine issue of material fact as to whether he qualified as disabled under the ADA.
Affirmed.
*816 Appeal from the United States District Court for the Western District of Washington, Robert J. Bryan, District Judge, Presiding.
Before GOODWIN, TROTT, and GRABER, Circuit Judges.
MEMORANDUM FN**