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Depaola v. Clarke

United States Court of Appeals, Fourth Circuit

March 9, 2018

ERIC JOSEPH DEPAOLA, Plaintiff-Appellant,
v.
HAROLD W. CLARKE; DAVID ROBINSON; G. K. WASHINGTON; FRED SCHILLING; E. R. BARKSDALE; V. PHIPPS; DR. MCDUFFIE; DR. SMITH; DR. MULLINS; L. STUMP; L. MULLINS; T. COX; S. FLETCHER; HUFF; TRENT, Defendants-Appellees.

          Argued: December 6, 2017

         Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, District Judge. (7:15-cv-00403-JPJ-RSB)

         ARGUED:

          Charles Christopher Moore, WHITE & CASE, LLP, Washington, D.C., for Appellant.

          Trevor Stephen Cox, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees Harold W. Clarke, David Robinson, G.K. Washington, Fred Schilling, E.R. Barksdale, S. Fletcher, Huff, and Trent.

          John Thomas Jessee, LECLAIR RYAN, PC, Roanoke, Virginia, for Appellee Dr. McDuffie. Carlene Booth Johnson, PERRY LAW FIRM, PC, Dillwyn, Virginia, for Appellees V. Phipps, Dr. Smith, Dr. Mullins, L. Stump, L. Mullins, and T. Cox.

         ON BRIEF:

          Daniel Levin, Michelle Letourneau-Belock, Yakov Malkiel, Kathryn Mims, Iesha S. Nunes, WHITE & CASE, LLP, Washington, D.C., for Appellant.

          Joseph M. Rainsbury, Ashlee A. Webster, LECLAIR RYAN, Roanoke, Virginia, for Appellee Dr. McDuffie. Mark R. Herring, Attorney General, Matthew R. McGuire, Acting Deputy Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees Harold W. Clarke, David Robinson, G.K. Washington, Fred Schilling, E.R. Barksdale, S. Fletcher, Huff, and Trent.

          Before NIEMEYER, TRAXLER, and KEENAN, Circuit Judges.

          Affirmed in part, reversed in part, and remanded by published opinion. Judge Keenan wrote the opinion, in which Judge Niemeyer and Judge Traxler joined.

          BARBARA MILANO KEENAN, CIRCUIT JUDGE.

         Eric J. DePaola, an inmate at the Red Onion State Prison in Virginia (Red Onion), appeals from the district court's dismissal of his allegations under 42 U.S.C. § 1983 that certain officials at Red Onion denied him medical treatment for serious mental and physical health needs, in violation of his Eighth Amendment rights. In dismissing DePaola's complaint, the district court held that: (1) DePaola's claims accruing outside Virginia's two-year statute of limitations were time-barred; and (2) his remaining allegations failed to state a claim that the defendants were "deliberately indifferent" to any serious medical needs.

         Upon our review, we apply the "continuing violation" doctrine and hold that DePaola's claims are not time-barred. We further hold that DePaola sufficiently has alleged deliberate indifference by certain defendants to his serious mental health needs, but that he has not adequately alleged deliberate indifference to his physical health needs. Accordingly, we affirm in part, and reverse in part, ...


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