Mayweather-Brown v. Biggler et al

Filing 32

OPINION AND ORDER: GRANTS Plaintiff, Quintin Jamar Mayweather-Brown leave to proceed against Cpt Jhon Perry and Gary Yoder in their individual capacities for monetary damages for failing to provide him with adequate clothing, bedding, and heat while at the Elkhart County Jail in violation of the Fourteenth Amendment; GRANTS Plaintiff leave to proceed against Cpt Jhon Perry, Dr. Matthews, Gary Yoder, Nurse Robbin, Nurse Jessica, and Nurse Emily Ellory in their individual capacities for monet ary damages for cruel and unusual punishment by allowing Plaintiff to inflict harm upon himself while at the Elkhart County Jail in violation of the Fourteenth Amendment; DISMISSES all other claims; DISMISSES Sheriff Brad Rogers, Correct Care Solu tions and RN Ashlyn; DIRECTS the USMS to effect service of process on Cpt Jhon Perry, Dr. Matthews, Gary Yoder, Nurse Robbin, Nurse Jessica, and Nurse Emily Ellory pursuant to 28:1915(d); and ORDERS Cpt Jhon Perry, Dr. Matthews, Gary Yoder, Nurse Rob bin, Nurse Jessica, and Nurse Emily Ellory to respond, as provided for in the Fed R Civ P, only to the claim for which the plaintiff has been granted leave to proceed in this screening order. Signed by Senior Judge James T Moody on 3/30/2016. (lhc)(cc: Plaintiff/USMS)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
QUINTIN JAMAR
MAYWEATHER-BROWN,
Plaintiff,
v.
CORRECTIONAL CARE SOLUTIONS,
et al.,
Defendants.

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No. 3:14 CV 2089

OPINION AND ORDER
Quintin Jamar Mayweather-Brown, a pro se prisoner, filed an amended complaint
under 42 U.S.C. § 1983. (DE # 30.) The court must review the complaint and dismiss it if
the action is frivolous or malicious, fails to state a claim for relief, or seeks monetary
relief against a defendant who is immune from such relief. 28 U.S.C. § 1915A. To
survive dismissal, the complaint must state a claim for relief that is plausible on its face.
Bissessur v. Indiana Univ. Bd. of Trs., 581 F.3d 599, 602-03 (7th Cir. 2009). “A claim has
facial plausibility when the plaintiff pleads factual content that allows the court to draw
the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at
603. Thus, the plaintiff “must do better than putting a few words on paper that, in the
hands of an imaginative reader, might suggest that something has happened to her that
might be redressed by the law.” Swanson v. Citibank, N.A., 614 F.3d 400, 403 (7th Cir.
2010). Nevertheless, the court must bear in mind that “a pro se complaint, however
inartfully pleaded, must be held to less stringent standards than formal pleadings

drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and
citations omitted). “In order to state a claim under § 1983 a plaintiff must allege: (1) that
defendants deprived him of a federal constitutional right; and (2) that the defendants
acted under color of state law.” Savory v. Lyons, 469 F.3d 667, 670 (7th Cir. 2006).
Mayweather-Brown is currently incarcerated at the Reception and Diagnostic
Center (“RDC”). He brings a number of claims against nine different defendants arising
out of his incarceration at the Elkhart County Jail, where he was confined as a pretrial
detainee. Mayweather-Brown alleges that while incarcerated at the Elkhart County Jail,
he was subjected to cruel and unusual punishment. Because Mayweather-Brown was a
pretrial detainee at the time of these events, the Fourteenth rather than the Eighth
Amendment applies. Lewis v. Downey, 581 F.3d 467, 473 (7th Cir. 2009). The governing
standards are functionally equivalent, and “anything that would violate the Eighth
Amendment would also violate the Fourteenth Amendment.” Id. “In evaluating the
constitutionality of conditions or restrictions of pretrial detention . . . the proper inquiry
is whether those conditions amount to punishment of the detainee.” Bell v. Wolfish, 441
U.S. 520, 535 (1979).
In order to violate the Eighth Amendment, deprivations must be “unquestioned
and serious” and deprive prisoner of “the minimal civilized measure of life’s
necessities.” Rhodes v. Chapman, 452 U.S. 337, 349 (1981). Inmates are entitled to
adequate food, clothing, shelter, medical care, bedding, hygiene materials, and
sanitation. Knight v. Wiseman, 590 F.3d 458, 463 (7th Cir. 2009); Gillis v. Litscher, 468 F.3d
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488, 493 (7th Cir. 2006). Conditions of confinement may establish a constitutional
violation in combination when each condition alone would not satisfy the standard.
Gillis, 468 F.3d at 493. “[I]n the absence of an expressed intent to punish, a pretrial
detainee can nevertheless prevail by showing that the actions are not ‘rationally related
to a legitimate nonpunitive governmental purpose’ or that the actions ‘appear excessive
in relation to that purpose.’” Kingsley v. Hendrickson, 576 U.S. --,--, 135 S.Ct. 2466, 2473
(2015) (quoting Bell, 441 U.S. at 535.).
To start, Mayweather-Brown complains that Captain Jhon Perry and Gary Yoder
denied him a mattress for eighteen hours a day, requiring him to sleep on the concrete
floor. He also claims he was deprived of clothes and blankets and the cell had
inadequate heat. This resulted in Mayweather-Brown having consistent migraines, neck
pains and suffering from sleep deprivation. Giving Mayweather-Brown the inferences
to which he is entitled, his allegations that he was denied adequate clothing, bedding or
adequate heat, satisfy the objective prong of the Eighth Amendment inquiry. See
Townsend v. Fuchs, 522 F.3d 765, 773-74 (7th Cir. 2008) (lack of proper bedding
constituted denial of civilized measure of life’s necessities); Murphy v. Walker, 51 F.3d
714, 720-21 (7th Cir. 1995) (pretrial detainee’s allegation that he was housed for
approximately 10 days without adequate heat, clothing, and bedding stated a
Fourteenth Amendment claim). In addition, Mayweather-Brown alleges that there was
no legitimate purpose for housing him under such conditions. Although further factual
development may show that Mayweather-Brown was housed under these conditions to
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prevent him from hurting himself or for some other legitimate reason, giving him the
inferences to which he is entitled at this stage, he has stated enough to proceed with this
claim.
Next, Mayweather-Brown alleges Captain Perry, Dr. Matthews, Gary Yoder,
Nurse Robbin, Nurse Jessica, and Nurse Emily Ellory inflicted cruel and unusual
punishment by allowing him to harm himself. Due to diagnosed mental disorders,
Mayweather-Brown committed self-inflicted injuries and twice attempted suicide while
confined at the Elkhart County Jail. However, each of the officers and medical providers
refused to intervene. While further factual development may show that these
defendants were reasonable or justified in their actions, Mayweather-Brown has stated
a claim. Indeed, this court can imagine a scenario where these defendants had the
authority, and would be constitutionally obligated, to stop Mayweather-Brown from
harming himself. Freeman v. Berge, 441 F.3d 543 (7th Cir. 2006). It is plausible that taking
no corrective action could be unreasonable. Duane v. Lane, 959 F.2d 673 (7th Cir. 1992).
Next, he brings suit against Sheriff Brad Rogers due to various incidents of
officer and medical provider misconduct at the Elkhart County Jail. However, because
there is no general respondeat superior liability under 42 U.S.C. § 1983, Sheriff Rogers
cannot be held liable simply because he oversees operations at the jail or supervises
other correctional officers. Burks,555 F.3d at 594. Accordingly, Sheriff Rogers will be
dismissed as a defendant.

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Finally, Mayweather-Brown brings suit against Correctional Care Solutions and
RN Ashlyn. However, he does not allege any wrongdoing on Correctional Care’s
behalf. It appears his suit against this entity is based solely upon it being the employer
of various doctors and nurses. Like a municipal entity, a corporate entity acting under
color of state law cannot be held liable based only on a theory of respondeat superior.
Monell v. N.Y. City Dep’t of Soc. Servs., 436 U.S. 658 (1978); Woodward v. Corr. Med. Servs.
of Ill., Inc., 368 F.3d 917, 927 (7th Cir. 2004). Thus, Correctional Care Solutions cannot be
held liable solely because it is an employer. And, as Mayweather-Brown makes no
allegations against RN Ashlyn in the body of the amended complaint, she must be
dismissed at this juncture, too.
For these reasons, the court:
(1) GRANTS Quintin Jamar Mayweather-Brown leave to proceed against
Captain Jhon Perry and Gary Yoder in their individual capacities for monetary damages
for failing to provide him with adequate clothing, bedding, and heat while at the
Elkhart County Jail in violation of the Fourteenth Amendment;
(2) GRANTS Quintin Jamar Mayweather-Brown leave to proceed against
Captain Jhon Perry, Dr. Matthews, Gary Yoder, Nurse Robbin, Nurse Jessica, and Nurse
Emily Ellory in their individual capacities for monetary damages for cruel and unusual
punishment by allowing Mayweather-Brown to inflict harm upon himself while at the
Elkhart County Jail in violation of the Fourteenth Amendment;
(3) DISMISSES all other claims;
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(4) DISMISSES Sheriff Brad Rogers, Correct Care Solutions and RN Ashlyn;
(5) DIRECTS the United States Marshals Service to effect service of process on
Captain Jhon Perry, Dr. Matthews, Gary Yoder, Nurse Robbin, Nurse Jessica, and Nurse
Emily Ellory pursuant to 28 U.S.C. § 1915(d); and
(6) ORDERS Captain Jhon Perry, Dr. Matthews, Gary Yoder, Nurse Robbin,
Nurse Jessica, and Nurse Emily Ellory to respond, as provided for in the Federal Rules
of Civil Procedure, only to the claim for which the plaintiff has been granted leave to
proceed in this screening order.
SO ORDERED.
Date: March 30, 2016

s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT