Baez v. Stine , 260 F. App'x 494 ( 2008 )


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  •                                                                                                                            Opinions of the United
    2008 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    1-15-2008
    Baez v. Stine
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 07-3386
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    Recommended Citation
    "Baez v. Stine" (2008). 2008 Decisions. Paper 1740.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1740
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    BLD-54                                                NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 07-3386
    ___________
    JAMES A. BAEZ,
    Appellant
    v.
    WARDEN D. STINE, Duluth FPC; UNIT MANAGER D. BAKER, Duluth FPC;
    ENTIRE MEDICAL STAFF, Duluth FPC; WARDEN RONNIE HOLT, Schuylkill FPC;
    CAMP ADMINISTRATOR STEVE LAKE, Schuylkill FPC; UNIT MANAGER
    ANTHONY PRANTOW, Schuylkill FPC; CASE MANAGER C. BRILL; ENTIRE
    MEDICAL STAFF, Schuylkill FPC; PARKHURST, Schuylkill FPC Correctional
    Officer; LAPOINT, Schuylkill FPC Correctional Officer; BRADSHAW, Schuylkill FPC
    Correctional Officer; MILLER, Schuylkill FPC Correctional Officer
    ____________________________________
    On Appeal from the United States District Court
    for the Middle District of Pennsylvania
    (D.C. Civil No. 06-cv-01191)
    District Judge: Honorable Sylvia H. Rambo
    ____________________________________
    Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B)
    or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
    November 16, 2007
    Before: McKEE, RENDELL and SMITH, Circuit Judges
    (Opinion filed: January 15, 2008)
    _________
    OPINION
    _________
    PER CURIAM
    In June 2006, James A. Baez, a federal prisoner, filed a pro se civil rights
    complaint in United States District Court for the Middle District of Pennsylvania, alleging
    that he was not provided with adequate medical care over an approximately three year
    period, during which he twice underwent surgery to repair aneurysms. The defendants,
    prison officials and medical staff at FPC Duluth and FPC Schuylkill, filed a motion to
    dismiss and for summary judgment. They argued that the District Court lacked personal
    jurisdiction over the FPC Duluth defendants, that they were entitled to qualified immunity
    because they were not deliberately indifferent to Baez’s medical needs, and that the
    claims brought against the defendants in their official capacities were barred by sovereign
    immunity. Relying on those defenses, the District Court granted the motion for summary
    judgment. Baez appealed. For the reasons that follow, we will summarily affirm.
    We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. Our review of
    the District Court’s order is plenary. See DeHart v. Horn, 
    390 F.3d 262
    , 267 (3d Cir.
    2004). Summary judgment is proper where, viewing the evidence in the light most
    favorable to the nonmoving party and drawing all inferences in favor of that party, there
    is no genuine issue of material fact and the moving party is entitled to judgment as a
    matter of law. See Fed. R. Civ. P. 56(c); Kaucher v. County of Bucks, 
    455 F.3d 418
    , 423
    (3d Cir. 2006). We may affirm the District Court’s grant of summary judgment on any
    basis supported by the record. See Fairview Township v. EPA, 
    773 F.2d 517
    , 525 n.15
    (3d Cir. 1985).
    2
    Personal jurisdiction is “an essential element of the jurisdiction of a district . . .
    court, without which the court is powerless to proceed to an adjudication.” 
    Id. (quoting Ruhrgas
    AG v. Marathon Oil Co., 
    526 U.S. 574
    , 584 (1999)). For a court to exercise
    personal jurisdiction over a defendant, that defendant must have sufficient “minimum
    contacts” with the forum state, such that subjecting the defendant to the court’s
    jurisdiction “comports with traditional notions of fair play and substantial justice.” See
    Toys ‘R’ Us, Inc. v. Step Two, S.A., 
    318 F.3d 446
    , 451 (3d Cir.2003) (citing Burger King
    Corp. v. Rudzewicz, 
    471 U.S. 462
    , 474 (1985). We agree with the District Court that
    Baez did not allege facts sufficient to establish personal jurisdiction over the FPC Duluth
    defendants in this case.
    The District Court also properly granted summary judgment on Baez’s claim that
    the defendants failed to provide him with adequate medical care. Pursuant to the Eighth
    Amendment’s prohibition on cruel and unusual punishment, prison officials are required
    to provide basic medical treatment to inmates. See Rouse v. Plantier, 
    182 F.3d 192
    , 197
    (3d Cir. 1999). In order to establish a constitutional violation, a prisoner must show that
    prison officials were deliberately indifferent to the prisoner’s serious medical needs. See
    Estelle v. Gamble, 
    429 U.S. 97
    , 104 (1976). The alleged violation must be beyond mere
    negligence. See Durmer v. O’Carroll, 
    991 F.2d 64
    , 68 (3d Cir. 1993).
    We will assume that Baez’s symptoms and ailments presented an objectively
    serious medical condition. Nevertheless, we agree with the District Court that the
    conduct of the defendants did not amount to deliberate indifference. As thoroughly
    3
    described by the District Court, prison medical staff regularly examined Baez and
    promptly responded to his complaints. For instance, after he was found unconscious in
    the shower, Baez was transported by ambulance to a hospital, where surgery was
    performed. Because a shunt draining excess fluid from Baez’s brain became infected,
    prison staff sent him back to the hospital to have the shunt replaced. Later, Baez
    complained of an extreme headache, and he was immediately transported to a hospital
    emergency room. During that visit, and on several other occasions, doctors performed a
    CT scan of Baez’s brain. Doctors also took X-rays and ordered other diagnostic tests.
    When a cerebral angiogram revealed another aneurysm, doctors surgically repaired it, and
    when the sutures from that surgery appeared to become infected, Baez was taken back to
    the hospital for treatment. Prison medical staff performed regular follow-up examinations
    and prescribed medication to treat Baez’s complaints.
    Baez has submitted no evidence supporting the contention that the defendants
    knew of and disregarded an excessive risk to his health. See Farmer v. Brennan, 
    511 U.S. 825
    , 837 (1994) (defining deliberate indifference). Although Baez would have preferred
    a different course of treatment, and complains that he is “still with pain,” his
    dissatisfaction does not establish a cause of action. See Inmates of Allegheny Jail v.
    Pierce, 
    612 F.2d 754
    , 762 (3d Cir. 1979) (courts will “disavow any attempt to second-
    guess the propriety or adequacy of a particular course of treatment . . . (which) remains a
    question of sound professional judgment.” (citations omitted)).
    For the foregoing reasons, we conclude the appeal presents no substantial question.
    4
    Accordingly, we will summarily affirm. See I.O.P. 10.6.
    5