Maley v. Corizon Health, Inc. et al
Filing
97
ORDER granting in part and dismissing as moot in part 52 Motion for Summary Judgment; dismissing as moot 61 Motion for Summary Judgment; dismissing as moot 68 Motion for Summary Judgment; granting with prejudice 87 Motion to Dismiss. The parties 65 Joint Stipulation of Dismissal of Corizon, LLC from this action is granted. The Clerk is directed to amend the caption. Signed by Judge William T. Moore, Jr on 9/27/17. (wwp)
I
Case 4:16-cv-00060-WTM-GRS Document 97 Filed 09/28/17 Page 1 of 19
IN THE UNTTED STilTES DTSTRTCT COURT FOR
THE SOIITIIERN DTSTRTCT OF GEORGIA
U. S. DISTRICTCOURT
SouthernOistrictof GA
Filed fn Offlce
SAVANTTAS DIVISTON
BELINDA LEE MALEY, ind ividua IIy
and on behalf of the Estate of
M a L t h e w C Jr n t o n L o f l i n ,
d e c e a s e d ; a n d G E N EL O I ' L I N ,
inCividually,
Dl:i
nt
i f f c
CASENO. CV416_O60
V.
C O R I Z O NH E A L T H , I N C . , A
D e l a w a r e C o r p o r a t i o n ; C O R ZO N ,
I
LLC, a Missouri Limited
L iab il iLy Company.'CHATHAM
C O U N T Y ,a G e o r g i a C o l r n t y ; R O Y
H A R R I S ; E S T A T EO F A L S T .
LAWRENCE'JOHN WILCHER,
j ndi vidual ly ancl in hj s
of f -iciai capaciuy as Jail
A d m i n j s L r a ' ] - o r ; S C O T TK E N E D Y ,
N
M.D. ; ADAMAR ONZALEZ, .D. ,
M
G
and VIRGINIA O'NEILl.Defendant s
ORDER
Before
Lawrence's
Joint
a ^ r r - 1 -r ,
(Doc. B7)/
(Doc.
Wifcher
Court
M o Li o n
Consent
Ch:thrm
LLC
the
a r e the
for
Motion
to
and
John
and AL
GRANTED TN PAST
For
St.
(Doc.
Sunrnary Judgment
and the parties'
65)
Defendants John Wilcher
the
52),
and Al
St.
Lhe paruies,
Dism.iss Defendants
Virginia
O'Nei1l,
T.
Official
Capacity
Wilcher
Stipulation
following
Lawrence's
Motion
in
of
his
Dismissal
reasons,
for
of
Corizon,
Defendants
John
Summary Judgment is
Case 4:16-cv-00060-WTM-GRS Document 97 Filed 09/28/17 Page 2 of 19
parLies'
ConsenL MoLion Lo Dlsmiss
Charham CounLy, and John Wilcher
87) and che parriesr
DeIendanus Virginia
in
his
Official
Jo-inL Stipulation
(Doc.
Capacicy
Dismissal
of
O'Neil l,
of
Corizon,
LLC (Doc. 65 ) are GRAI{TED
.
This
death
of
Loflin
He
case
hefd
Detention
Defendant
to
detainees
was
che
(ld. )
acci ng
Pugh provided
al I
At
at
2L)
Defendant
(Doc.
58,
Corizon
as the
Attach.
2
at
2).
As
DefendanL O'Nei-I-l had a variety
After
to
that
his
deteriorate.
Loflin
arrest
(Doc.
suffered
52,
from
health
Attach.
at
a contract
times,
Dr.
was afso
by
director,
hea_Lthcare
manner.
employed by
administrator
service
Charl-es
empfoyed
As medicat
of non-clinical
and arrivaf
to
a cosc efficienr
services
C o . r r rLryr
vvurr
provided
and monicored
in
I.)
Lofl-in, s
("Corizon")
20.)
O'Neilf
health
of
director
care
Virginia
Defendant
ChaLham
time
relevant
expenses Lo ensure care was provided
(Id.
Lhe
C C D Cp u r s u a n t
5 at
paEient
direcc
2 at
the
medical
Attach.
52, At.tach,
fnc.
the
at
subsequent
6,2014,
at
At
Heafth
onsite
(Id,,
Defendant Corizon.
Dr.
Corizon
Chatham County.
Pugh
(Id. )
and
On February
/noc.
^6r-: i^^^
('CCDC").
services
incarceration
2Q14. (Doc. 1.)
in
^.A-i-i.r
as
Center
detention,
the
of
^n .1,,r^ ^hrrdae
was arrested
medical
out
Matthew LofIin
ii/as
with
arises
at
CCDC.
administrator,
duties.
lId.)
CCDC, Loflin,
s heal-th beqan
2.)
Pugh believed
2
p p e u m o n i a.
at
(Id. ,
Dr.
Attach.
5
at
2B. )
Case 4:16-cv-00060-WTM-GRS Document 97 Filed 09/28/17 Page 3 of 19
BeLween lrebruary 1,
with
16 encounters
and declded
5
to
Dr.
admit
28,)
ac
that
Loflln
him to
In
the
17. )
The
function"
(ld,
at
that
11,
believed
---,,ina^
i*
26.)
that
(Id.
jndicared
After
Loffin
not
granL hin
was either
for
coulo
only
senc direccly
an appointmenr
to
admit
him to
concernsr
met
wlth
discuss
the
however,
remained in
Aff
wiLh
er
Lhese
f,nFl
Defendant
John
Dr.
care
coufd
than
prrch's
n-.
(Id.
care.
physician
at
wag noL rransferred
in'<
(Id.,
achr:carrli
Wl1cher,
treatment
Attach.
and
nnran
vYrqrr'
CCDC Jail
to
request
at
16-17.)
to
2 at
r^a,,
lcrur
if
scheduled
corld
Despite
Dr.
he
[or
decide
pugh. s
a hospiLat
ano
2.)
r <
Lr,
nr
o ,s 'r^ hr r
_t
.
Adminlstrator,
to
be
Lo admlr
a hospiLal
who then
17.)
Pugh
nocili6n
i ndependent authoriLy
(Id.
at
poor
"very
resulLs,
t-o rhe emergency room, or
hospital.
obtaininr-r
the
had
have been admiLteC to
an offsiLe
.Loflin
-7-l
oL
\fur
(Id.
2014.
severe cardiomyopathy, "
more intensive
t h e C C D Ci n f i r m a r y .
Loflln's
a "faj rIy
Pugh ordered
Dr,
LofIin
needed more intensive
hospital
r , {t h
i
was provided
worsen,
that
obtaining
a L L h e C C D Cd j d
RaLher, Loffjn
to
revealed
r - - r : - -' - - a . y .
.
r" !
a
at
continued
.^n^
to
(Id.,
2.)
care,
-r^a
Loflin
in
h e a . lt h
infirmary.
CCDCmedica]
Lo
2,J
2 at
LofIin's
an echoca.rdiogram on March 26,
echocardiogram
hearL
the
inf irmary.
condition
obtain
Attach.
Pugh became concerned for
around the c]ock medical
As Loflin's
(Id.,
Corizon medical- staff.
2074,
On March 24,
ALLach.
20L4 and March 23, 2414, LoLI In had aL least
have
to
Loflin
Case 4:16-cv-00060-WTM-GRS Document 97 Filed 09/28/17 Page 4 of 19
the
that
and
Wilcher
Defendant
Shorfl v
made
his
efforts
but
released,
afler
r-onf ar-f e6
Attach.
the
al
"advlsed
lhese
symptoms were
heart
failure.
Pugh, Loflin
(Id. ,
was transported
Immediarely
afLer
this
1,
Apr11
Memoriaf
the hospitaL
After:
suit
Loflin.
(Doc, 1,)
to
and
In
at
a
Hospital.
(Id..
Lof l-in's
on
behalf
in
the
12.)
(DOc.
55,
who
CCDC infirmary'
pain
and
At
of
(Id.
5
Attach.
2 at
Brenda
mother/
the
an amended complaint'
1'l
died
at
3)Maley'
Estate
Loflln's
at
admitued
aI: I1 . ) LofLin
Attach.
Dr '
of
an offsite
with
cardioJogist
the
that
congesrive
request
the
(Id. '
difficulty
Pugh stated
d.iagnosis
28 . )
of,
at
Nurse Thrift,
an appointment
2AL4.
24, 20L4.
death,
j-ndiviclually
5
(Id.
(Id.)
chest
appol nlmenc,
Heafth
on April
his
wjrh
nf
Loffin
SLatuS.
C44-C10.) Dr'
4 at
Attach.
on
of
complain
consistent
cardlologist
to
getting
af.rr-.rt T.nfIin'S
remained
to
I c
Pugh, Defendant Wilcher
Dr,
Loffifr
LofIin's
Subsequently,
"unsuccessfuf. "
with
+L^+
Lrrar
,.lot:i
about
status."
time,
this
of
10. )
at
lLoflin'sl
(Doc. 52, Attach '
breathing.
Loflin
wpre
i n n ' r i r ve
L
of
continued
he
(Id.
"inquiries"
+rrYg+
-r^.1
DLdL-cq
cost
potential-
Defendant Wil-cher spoke with
2.\
IWiLcher]
During
where
'L^
v
ru9rr
Dr.
21 ' )
lWifcher]
"
conversation
iail
the
I
tell
condition.
medical
lLoflin'sl
on the
"didn't
he
5 at
Attach.
was focused
conversation
care
(Id. '
on bond.
released
of
brought
Matthew
father/
Gene
Case 4:16-cv-00060-WTM-GRS Document 97 Filed 09/28/17 Page 5 of 19
lof
lin
e
- *r-r-h s 1 * -r"r-a n l l r ;
--an
r
(Doc.
naf
92.)
6n/i:n
l
the
i^Ti l ^h6.
de-liberately
detained
In
al
of
t
urr|j
42
to
U.S. C.
Wi L c h e r
argues
protected
Wilcher
view,
in
hic
Lhat
from suit.
is
not
' ir
^'
l-'^-
in.]irr
iffs
Plainr
for
rho
this
alleoe
Lhac
and
has
were
need while
actj-on seek.ing
a l1c',.raA
needs
-
,*r*.j1ly.
cle Fenrla r^r q -
nanacl
They have fifed
S I 1 9 83
ir]rrr'l
se.rious medicaf
medical
Defendant
Surnma-ry udgmenL requesting
J
him
hie
filed
h is
de'l i\ar=r^
subsequenL
(Td. )
response/
,a..l^inql-
in
l,offin's
Loflin's
to
wrongluL deach.
"i
CCDC. (Id.)
the
indrfference
c,rit
Amended Complainr-.
indifferent
damaqes under
In
inined
Wilcher
rhaL
i-.li"r.l"-'
he
is
(Id.)
entitled
Defendant Wifcher
to
this
CourL dismjss
u o 1 , d r -L y . '
enrj Ll ed
co
The Plaintiffs
quallfied
violated
Motion
(Doa
aIl
52.)
qual i fied
Matthew Loffin's
claims
Derenoant
immun ry
i
contend that
immunity,
for
and
Defendant
because in
their
constitutional
I Afthough the Amended
Complaint (Doc. 95) was filed
after
rrje
motions consldered in this
Order, the cl-aims in the CompLaint
(Doc. 1) and the Amended Complaint
are identical.
with
the
exception of adding cene Loflin
as a plaintiff
1n the farrer.
The Court sees no reason to dismiss the pendingr motions as moot
as the merits of the claims are unaffected.
,^,
' Orrgr.nalIy,
the motion sought suflimary judgment on behalf
of
both Defendants Wil-cher and the Estate of Former Sheriff
Al St.
Lawrence (Doc. 52,) However, che parties
later agreed to drsmiss
aff cfaims against Defendant St, Lawrence. (Doc. 58.) On April,
1 9 , 2 0 7 1, t h j s
Court ordered that the Estate of Former Sheriff
A1 St.
Lawrence shoufd
be dismissed
from
this
case with
(Doc. 60.) Therefore,
prejudice.
the Summary .Iudqment Motion as
i t p e r t a i n s t o D e f e n d a n t S t . L a w r e n c e i s D I S M I S S E DA S M O O T .
Case 4:16-cv-00060-WTM-GRS Document 97 Filed 09/28/17 Page 6 of 19
righr
when he
acted
wiLh
defiberate
medi-cal,needs.
to
Defendant
Lhe partres
have afsc
to
Loflin's
(Doc. 55, )
fn
indifference
addj.tion
JudEment,
disnissals.
Motion
Specifjcally,
Dismiss
to
Wilcher
in
his
partjes
Wlfcher's
filed
a
parLies
Lhe
Motion
for
ser_es
have
Summarv
sr jpu_Iared
of
filed
Consent
Virqinia
have filed
John
. I
the
offi-i
a
Chatham CoLrnty, and
iO,Nei1l,
l
n:nlni r.,
/ n^^. 8l . ) Additionally,
SLipulaLion
of
Dismissal
of
Corizon,
LLC,
(Doc. 65 . )
ANATYSIS
D E F E N D A N T W I ] . C H E R ' S M O T I O N F O R S U M M A R YJ U D G M E N T
I.
A. Standard
According
party
Review
of
to
Federal
nay move for
defense-or
judgment
is
sought. "
movant shows that
Ihe
"purpose
and
to
assess
genuine need for
Radio Corp.,
E6
artrri
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