Melton v. Corizon Medical et al
Filing
24
OPINION AND ORDER denying 23 Motion to dismiss. Defendants must file an answer within 21 days of this Opinion and Order. Signed by Judge John E. Steele on 6/15/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MYRIAH MELTON,
Plaintiff,
v.
Case No: 2:16-cv-182-FtM-29MRM
CORIZON MEDICAL, DR. SAFRON,
Charlotte Behavioral Health
Care,
and
FNU
MASAMI,
Charlotte Behavioral Health
Care,
Defendants.
OPINION AND ORDER
This matter comes before the Court upon review of the motion
to dismiss (Doc. #23) filed on behalf of Defendants Corizon LLC,
Doctor
Andrew
Safron,
“Medical Defendants”).
and
Masami
Kolbenschlag
(collectively
Plaintiff did not file a response and his
time to do so has expired.
This case is ripe for review.
I.
Plaintiff Myriah Melton initiated this action proceeding pro
se by filing a Civil Rights Complaint Form (Doc. #1) while detained
at
the
Charlotte
County
Jail.
The
Complaint
identifies
the
Charlotte County Jail’s contracted provider for medical care,
Corizon LLC and its medical staff who allegedly failed to properly
screen Plaintiff and/or provide her previously prescribed mental
health medications to treat PTSD, OCD, ADHD, and bipolar/manic
depression conditions.
Complaint at 6-7.
Plaintiff alleges the
medical department’s failure to provide her with these medications
has impacted her mental health condition and contributed to her
being involved in an incident at the jail, which almost led to
criminal charges.
Id. at 6.
As relief, Plaintiff requests that
the Charlotte County Jail’s mental health screening process be
changed to require medical staff to follow the mental health
treatment
in
place
by
a
pre-trial
immediately preceding detention.
detainees
Id. at 7.
psychiatrist’s
Plaintiff explains
that the medical department’s failure to following her treatment
regime has cost her time and money.
Id.
II.
The Medical Defendants collectively move to dismiss and argue
that Plaintiff has not adequately invoked this Court’s subject
matter jurisdiction under 28 U.S.C. § 1331 or 28 U.S.C. § 1332(a).
Motion at 1.
The Medical Defendants submit that Plaintiff has
based her claims on violations of the Florida Model Jail Standards
and not on any federal statutes, or the United States Constitution.
Id. at 3.
Therefore, the Medical Defendants argue that this Court
must dismiss the action.
III.
It is well established that a document filed pro se is “to be
liberally construed.”
Erickson v. Pardus, 551 U.S. 89, 94 (2014)
(citing Estelle v. Gamble, 429 U.S. 97, 106 (1976)).
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Further, a
pro se complaint, however inartfully pleaded, must be held to less
stringent standards than formal pleadings drafted by lawyers.”
Id.
Federal Rule of Civil Procedure 8(f) requires the Court to
construe all pleadings “to do substantial justice.”
The Complaint Form utilized by Plaintiff to initiate this
action is the standard form used by pro se pre-trial detainees and
prisoners to file actions under 42 U.S.C. § 1983.
Thus, the
instant federal civil is action is filed under 42 U.S.C. § 1983.
Further, the facts set forth in the Complaint state a plausible
Fourteenth/Eighth Amendment deliberate indifference to serious
medical
condition
alleged
failure
claim
to
stemming
provide
from
mental
the
medical
health
Plaintiff’s numerous mental health conditions.
defendants
medications
for
See Estelle, 429
U.S. at 104-105 (“[D]eliberate indifference to serious medical
needs
to
prisoners
constitutes
the
unnecessary
and
wanton
infliction of pain . . . proscribed by the Eight Amendment,” and
this includes “indifference . . . manifested by prison doctors in
their response to the prisoner’s needs or by prison guards in
intentionally
denying
or
delaying
access
to
medical
care
or
intentionally interfering with the treatment once prescribed.”
(footnotes and internal quotation marks omitted).
this Court has jurisdiction.
ACCORDINGLY, it is hereby
ORDERED:
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Accordingly,
Defendants’
motion
to
dismiss
(Doc.
#23)
is
DENIED.
Defendants must file an answer within twenty-one (21) days.
DONE and ORDERED in Fort Myers, Florida on this
of June, 2017.
SA: ftmp-1
Copies: All Parties of Record
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15th
day
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