Opinion
Civil No. 00-1640-FR.
April 1, 2002
Mervin Arnold and Nellie Arnold, Scappoose, Oregon, Plaintiffs Pro Se.
Robert S. Wagner, David C. Lewis, Miller Wagner, LLP, Portland, Oregon, Attorneys for Defendants City of Scappoose, Donald Zimmerman, Douglas Carpenter, and Norman Miller.
Steven A. Kraemer, Hoffman, Hart Wagner, LLP, Portland, Oregon, Attorneys for Defendant Margo Dew.
Michael A. Lehner, Lehner, Mitchell, Rodrigues Sears, LLP, Portland, Oregon, Attorneys for Defendants Scappoose Rural Fire Protection District, Michael Greisen, Jerome Watts, and Mark Reed.
Rodney K. Norton, Legal Counsel, Oregon Health Sciences University, Portland, Oregon, Attorney for Defendants Oregon Health Sciences University, Jeffrey Greenbaum, and Betty Walls.
OPINION AND ORDER
The matters before the court are 1) the motion for summary judgment filed by the OHSU defendants (#109); and 2) the plaintiffs' motion for an order denying the OHSU defendants' motion for summary judgment (#117).
BACKGROUND
The plaintiffs, Mervin Arnold and Nellie Arnold, representing themselves, filed this action against the following defendants: City of Scappoose, Margo Dew, Donald Zimmerman, Douglas Carpenter, Norman Miller, Scappoose Rural Fire Protection District, Michael Greisen, Jerome Watts, Mark Reed, Oregon Health Sciences University, Jeffrey Greenbaum, and Betty Walls. The plaintiffs assert federal claims for relief pursuant to 42 U.S.C. § 1983 to redress a violation of their rights protected by the Fourth and Fourteenth Amendments to the United States Constitution, as well as state law claims for relief for the invasion of their privacy and the intentional infliction of emotional distress.
FACTS
On December 2, 1998, Mervin Arnold parked his van against a building adjacent to the Scappoose Laundromat. Mervin Arnold entered the laundromat and thereafter collapsed on the floor in a semi-comatose state.
Police officers and Emergency Medical Technicians (EMTs) arrived. The EMTs found no sign of illness or injury and concluded that Mervin Arnold was probably suffering from alcohol intoxication. Mervin Arnold's family began arriving at the laundromat. After reporting to the family that there was nothing medically wrong with Mervin Arnold, the EMTs transported him to the Veteran's Administration Hospital (the VA Hospital) at the request of Nellie Arnold. Mervin Arnold was examined in the emergency room of the VA Hospital by Dr. Bishop. Dr. Bishop reported that Mervin Arnold smelled of alcohol and determined that Mervin Arnold was intoxicated.
While Dr. Bishop was examining Mervin Arnold, Officer Zimmerman telephoned Columbia County Circuit Court Judge Ted E. Grove in order to obtain a warrant to draw Mervin Arnold's blood. Judge Grove made a finding of probable cause to believe that there was evidence of the crime of driving under the influence of intoxicants and granted a search warrant to take blood samples from Mervin Arnold.
The VA Hospital refused to honor the warrant and therefore refused to draw blood. Mervin Arnold was placed in the custody of Officer Zimmerman. Officer Zimmerman, Officer Miller, and a VA Hospital security guard placed Mervin Arnold in handcuffs and escorted him to the patrol car. They transported Arnold to the Oregon Health Sciences University (OHSU) for the blood draw.
At OHSU, Mervin Arnold was examined by Dr. Jeffrey Greenbaum and Registered Nurse Betty Walls. Dr. Greenbaum noted that while Arnold "did appear to be intoxicated . . . he stated vehemently he had not been drinking today." Exhibit 7 to Affidavit of David C. Lewis, p. 2. At 2:55 p.m., Dr. Greenbaum performed the blood draw pursuant to the search warrant and obtained two vials of blood, which he handed to Officer Zimmerman. Mervin Arnold refused any medical treatment and refused the opportunity to return to the VA Hospital to have a medical workup. OHSU released Mervin Arnold to the custody of the Scappoose Police Department. Arnold was again placed in handcuffs and transported back to Scappoose. On the way back to Scappoose, Officer Zimmerman dropped off the blood vials at the Oregon State Police Crime Laboratory. Once they arrived at the Scappoose Police Department, Mervin Arnold was fingerprinted, photographed, issued a citation for driving while under the influence, and released.
The Oregon State Police forensic laboratory technician determined that Mervin Arnold's blood alcohol level at the time the blood sample was taken was 0.14 percent. Exhibit 9 to Affidavit of David C. Lewis.
APPLICABLE STANDARD
Summary judgment should be granted only if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits . . . show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). Assuming there has been adequate time for discovery, summary judgment should then be entered against "a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). All inferences drawn from the underlying facts must be viewed in the light most favorable to the nonmoving party. United States v. Diebold, Inc., 369 U.S. 654, 655 (1962).
CONTENTION OF THE PARTIES
The OHSU defendants move the court for judgment in their favor on the grounds that 1) they are entitled to absolute immunity for executing a blood draw pursuant to a lawful search warrant; and 2) there are no facts to support any claim for conspiracy or compelled medical care. Plaintiff Mervin Arnold contends that the OHSU defendants forcefully examined and treated him against his will.
ANALYSIS
In the first and fourth claims for relief under 42 U.S.C. § 1983, Mervin Arnold claims violations of his First, Fourth, Fifth and Fourteenth Amendment rights under the United States Constitution arising out of his treatment at OHSU on December 2, 1998. The complaint alleges that the OHSU defendants are liable to Mervin Arnold for 1) drawing blood pursuant to a court-ordered search warrant; 2) physically examining Arnold against his will; and 3) injecting medication into Arnold's veins.
Section 1983 permits an individual whose federal statutory or constitutional rights have been violated by public officials acting under color of state law to sue the officials for damages. 42 U.S.C. § 1983 (2000). Persons who faithfully execute valid court orders are absolutely immune from liability for damages in civil rights actions challenging conduct authorized by the order. Coverdell v. Department of Social and Health Servs., 834 F.2d 758, 764 (9th Cir. 1987). In Kulas v. Valdez, 159 F.3d 453, 457 (9th Cir. 1998), cert. denied, 528 U.S. 1167 (2000) (Trott, J., concurring), the court stated that "[i]n a nutshell, judicial immunity extends `to those who carry out the orders of judges.'" The OHSU defendants have no liability for drawing blood pursuant to a court-ordered search warrant. There are no facts in this record to support any claim by the plaintiffs for compelled medical care or conspiracy involving the OHSU defendants.
IT IS HEREBY ORDERED that 1) the motion for summary judgment filed by the OHSU defendants (#109) is GRANTED; and 2) the plaintiffs' motion for an order denying the OHSU defendants' motion for summary judgment (#117) is DENIED.