JOHNSON v. CORIZON MEDICAL SERVICES INC. et al

Filing 6

Entry Discussing Complaint, Dismissing Insufficient Claims, and Directing Further Proceedings: In summary, Johnson's claims against Mary Bloomquist, William Wolfe, and Robert Eichelberger for negligence and failure to provide constitutionall y adequate medical care shall proceed. Johnson's claim against CMS for negligence shall proceed. His claims against Bruce Lemmon, Gregory Haynes, Naveen Rajoli, and Benjamin Loveridge are dismissed. The clerk shall issue and serve process on d efendants Corizon Medical Services Inc., Mary Bloomquist, William Wolfe, and Robert Eichelberger in the manner specified by Fed. R. Civ. P. 4(d)(2). Process in this case shall consist of the complaint, applicable forms, and this Entry ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge Larry J. McKinney on 1/21/2014. Copy sent via US Mail.(DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
RICKY D. JOHNSON,
Plaintiff,
vs.
CORIZON MEDICAL SERVICES, INC.
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 1:14-cv-49-LJM-DML

Entry Discussing Complaint, Dismissing Insufficient Claims,
and Directing Further Proceedings
I.
Plaintiff Ricky Johnson, an inmate of the Miami Correctional Facility, brings this civil
rights action alleging that he received constitutionally inadequate medical care for a broken hip
while housed at the Pendleton Correctional Facility, Wabash Valley Correctional Facility, and
the Miami Correctional Facility. He seeks compensatory and punitive damages. He brings claims
pursuant to 42 U.S.C. § 1983 and for negligence.
II.
The complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). Pursuant
to this statute "[a] complaint is subject to dismissal for failure to state a claim if the allegations,
taken as true, show that plaintiff is not entitled to relief." Jones v. Bock, 549 U.S. 199, 215
(2007). To satisfy the notice-pleading standard of Rule 8(a)(2) of the Federal Rules of Civil
Procedure, a complaint must provide a “short and plain statement of the claim showing that the
pleader is entitled to relief.” Such statement must provide the defendant with “fair notice” of the
claim and its basis. Erickson v. Pardus, 551 U.S. 89, 93 (2007) (quoting Bell Atl. Corp. v.

Twombly, 550 U.S. 544, 555 (2007)). The complaint “must contain sufficient factual matter,
accepted as true, to state a claim to relief that is plausible on its face. . . . 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.” Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009) (internal quotation omitted). Pro se complaints such as that filed by Johnson are
construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers.
Erickson, 551 U.S. at 94; Obriecht v. Raemisch, 517 F.3d 489, 491 n.2 (7th Cir. 2008).
Applying the standards set forth above, certain claims are dismissed while other claims
shall proceed, consistent with the following:
•

Johnson’s claim against Corizon Medical Services (“CMS”) pursuant to 42 U.S.C. '

1983 is dismissed because CMS is a corporation. A private corporation is not vicariously
liable under 42 U.S.C. ' 1983 for its employees’ deprivations of others’ civil rights, but can
only be liable if the injury alleged is the result of a policy or practice. Johnson v. Dossey, 515
F.3d 778, 782 (7th Cir. 2008). This element of a viable claim is absent as to the claim against
CMS.
•

Johnson’s state law negligence claims against CMS shall proceed because there is no

such restriction on respondeat superior liability for state law negligence claims. See Grzan v.
Charter Hosp. of Nw. Indiana, 702 N.E.2d 786, 792 (Ind. Ct. App. 1998) (“Under the
doctrine of respondeat superior, a master or principal is chargeable with, and liable for, any
negligent act committed by his servant or agent while such servant or agent is acting in the
course of his employment and in the line of his duty.”) (citing United Farm Bureau Mutual
Ins. Co. v. Blossom Chevrolet, 668 N.E.2d 1289, 1291 (Ind. Ct. App.1996)).

•

Johnson’s claim against Commissioner Bruce Lemmon is dismissed because no

misconduct is attributed to Commissioner Lemmon apart from his supervisory position, and
this will not support a claim for relief. See West v. Waymire, 114 F.3d 646, 649 (7th Cir.
1997) (“the doctrine of respondeat superior is not available to a plaintiff in a section 1983
suit”).
•

Johnson’s claims against Dr. Gregory Haynes and Dr. Naveen Rajoli are dismissed

because there is no allegation of wrongdoing on their part. “Where a complaint alleges no
specific act or conduct on the part of the defendant and the complaint is silent as to the
defendant except for his name appearing in the caption, the complaint is properly dismissed.”
Potter v. Clark, 497 F.2d 1206, 1207 (7th Cir. 1974).
•

Johnson’s claims against Mary Bloomquist, William Wolfe, and Robert Eichelberger for

negligence and failure to provide constitutionally adequate medical care shall proceed.
•

Johnson’s claim against Benjamin Loveridge is dismissed as violative of the joinder of

claims limitation of the Federal Rules of Civil Procedure. AUnrelated claims against different
defendants belong in different suits.@ George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).
Rule 20 of the Federal Rules of Civil Procedure allows joinder of multiple defendants only
when 1) the allegations against them involve the same transaction or occurrence and, 2)
common questions of fact and law will arise as to all defendants. Johnson may refile his
claims against Loveridge in a separate action in a forum with proper venue.
III.
In summary, Johnson’s claims against Mary Bloomquist, William Wolfe, and Robert
Eichelberger for negligence and failure to provide constitutionally adequate medical care shall

proceed. Johnson’s claim against CMS for negligence shall proceed. His claims against Bruce
Lemmon, Gregory Haynes, Naveen Rajoli, and Benjamin Loveridge are dismissed.
The clerk shall issue and serve process on defendants Corizon Medical Services Inc.,
Mary Bloomquist, William Wolfe, and Robert Eichelberger in the manner specified by Fed. R.
Civ. P. 4(d)(2). Process in this case shall consist of the complaint, applicable forms, and this
Entry.
IT IS SO ORDERED.

01/21/2014
Date: _________________
Distribution:
Ricky D. Johnson
922973
Miami Correctional Facility
3038 West 850 South
Bunker Hill, IN 46914
Corizon Medical Services
105 West Park Drive Suite 200
Brentwood, TN 37027
Mary Bloomquist, RN
William H. Wolfe, M.D.
At:
Pendleton Correctional Facility
4490 W. Reformatory Rd.
Pendleton, IN 46064
Robert Eichelberger, M.D.
Image South
Hillside Medical Plaza
224 1st Street North Suite 150
Alabaster, AL 35007-9081

________________________________
LARRY J. McKINNEY, JUDGE
United States District Court
Southern District of Indiana