Cheatham (ID 96193) v. ACH Medical Service et al

Filing 124

MEMORANDUM AND ORDER granting 89 Motion to Dismiss for Failure to State a Claim. Sheriff Dedeke is dismissed as a party in this case. Signed by District Judge Carlos Murguia on 08/31/2017.Mailed to pro se party Ryan Cheatham by regular mail. (cv)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

RYAN CHEATHAM,
Plaintiff,
v.
ACH, et al.,
Defendants.

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Case No. 15-3211

MEMORANDUM AND ORDER
Plaintiff Ryan Cheatham, a prisoner proceeding pro se, brought this action against several
defendants, including Sheriff Dedeke. Plaintiff generally claims that defendants ignored his mental
health needs, violating the Eighth Amendment. Sheriff Dedeke filed a motion to dismiss plaintiff’s
amended complaint (Doc. 89). In his motion, Sheriff Dedeke argues that plaintiff fails to allege his
personal participation in the alleged constitutional violations.
When plaintiff moved for leave to amend his complaint, Judge Waxse advised him that the
claims against Sheriff Dedeke, as alleged in plaintiff’s proposed amended complaint, were futile.
Nevertheless, Judge Waxse granted plaintiff leave to amend and add claims against Sheriff Dedeke.
Judge Waxse further advised plaintiff that an allegation of personal participation was the missing
element in plaintiff’s proposed amendment. Specifically, Judge Waxse held, “Plaintiff may amend his
Complaint to add facts alleging how Sheriff Dedeke personally demonstrated his deliberate
indifference toward Plaintiff’s medical care.” (Doc. 78 at 4.)
Instead of following Judge Waxse’s direction, plaintiff eventually filed the same complaint as
the proposed amended complaint that Judge Waxse had reviewed. The amended complaint contains
no additional allegations against Sheriff Dedeke. It merely repeats the same conclusory allegations

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against Sheriff Dedeke that Judge Waxse found inadequate to state a claim. This court agrees with
Judge Waxse’s initial analysis. Plaintiff merely alleges:


“Sheriff Dedeke is in full control of the operations of the Leavenworth County Jail.”

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“Sheriff [Dedeke] is in full operation of the [L]eavenworth County Jail and he was
aware of my medical request to see mental health . . . .”



“Sheriff Dedeke[] and ACH Medical [were] ‘Deliberate indifferent, by knowing and
disregarding an excessive risk to [plaintiff’s] Health and safety.”



“Sheriff [Dedeke] nor ACH Medical from periods 5-14-15 until 7-13-15 (see medical
and mental health rounds of Detainee in segregation) took reasonable measures to
address the substantial Risk of serious harm Plaintiff faced, knowing Mental Health
staff was [not] employed for the periods listed.”

These allegations are insufficient to show that Sheriff Dedeke was personally involved with plaintiff’s
medical care. The allegations are conclusory about Sheriff Dedeke’s involvement, and seek to hold
him responsible under a theory of respondeat superior. This is impermissible in a § 1983 action such
as plaintiff’s. Duffield v. Jackson, 545 F.3d 1234, 1239 (10th Cir. 2008); Gagan v. Norton, 35 F.3d
1473, 1476 n.4 (10th Cir. 1994). Plaintiff has failed to show an affirmative link between Sheriff
Dedeke and the alleged Eighth Amendment violations, and the court therefore grants Sheriff Dedeke’s
motion to dismiss.
IT IS THEREFORE ORDERED that Sheriff Dedeke’s motion to dismiss (Doc. 89) is
granted. Sheriff Dedeke is dismissed as a party in this case.
Dated this 31st day of August, 2017, at Kansas City, Kansas.

s/ Carlos Murguia___________
CARLOS MURGUIA
United States District Judge

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