(D.C. No. 1:14-CV-01746-LTB) (D. Colo.)
Before GORSUCH, BALDOCK, and McHUGH, Circuit Judges.
ORDER AND JUDGMENT [*]
Carolyn B. McHugh Circuit Judge
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.
During his brief incarceration in the Denver County Jail, Gordon Bauer complained of pain in his leg, ankle, and foot. He received medical treatment while in jail but his condition ultimately required amputation, which took place after he was released from custody. Mr. Bauer filed a complaint against the City and County of Denver (the City) more than two years after his release, claiming the City had subjected him to cruel and unusual punishment by denying him timely access to adequate medical care. The City moved to dismiss the complaint as barred by the statute of limitations and for failure to state a claim, and Mr. Bauer moved to amend his complaint. The district court denied Mr. Bauer leave to amend and granted the City's motion to dismiss. We affirm.
Mr. Bauer alleges in his complaint that he was incarcerated in the Denver County Jail during the months of April and May 2012 under the custody of the Denver Sheriff's Department. During that time, he reported extreme pain in his right leg, ankle, and foot, but "was refused proper medical treatment."
Only after Mr. Bauer complained for several days did the jail employees transport him to a Denver Health medical facility. But while in the care of Denver Health, Mr. Bauer "was not properly cared for." In particular, Denver Health "failed to properly diagnose and treat Mr. Bauer's foot" and instead simply applied bandages and sent him back to jail. After Mr. Bauer continued to complain about the pain, jail employees again took him to Denver Health where he was informed his foot could no longer be saved.
Mr. Bauer was released from jail soon thereafter and saw several physicians in an attempt to save his foot. The physicians each indicated that proper treatment while in jail could have saved his foot but that "[a]s a result of the City's negligence and Denver Health's negligence Mr. Bauer was required to undergo full amputation of his lower leg on June 28, 201."
On June 23, 2014, Mr. Bauer filed a section 1983 complaint against the City that is the subject of this dispute. He alleges the City acted in bad faith and with deliberate indifference to his medical needs and constitutional rights when an unknown individual defendant willfully ignored his repeated requests for medical assistance, and he further claims this indifference led to the amputation of his foot.
On January 2, 2015, the City filed a motion to dismiss, contending that Mr. Bauer failed to timely serve his complaint pursuant to Federal Rule of Civil Procedure 4(m), that his complaint was barred by the statute of limitations, and that he had failed to state a claim upon which relief could be granted. On February 6, 2015, Mr. Bauer filed a motion to amend his complaint together with a proposed amended complaint.
The district court denied Mr. Bauer's motion to amend and also granted the City's motion to dismiss on July 5, 2015. Mr. Bauer timely appealed. We have ...