Adkins v. Boyd County et al
Filing
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MEMORANDUM OPINION & ORDER: 1. The Clerk of the Court shall change on the CM/ECF cover sheet the name of Defendant "Pathways Mental Health" to "Pathways, Inc." 2. Plf. Adkins complaint DE# 1 is DISMISSED WITH PREJUDICE. 3. The Court shall enter an appropriate judgment. 4. This matter is STRICKEN from the active docket. Signed by Judge Henry R. Wilhoit, Jr on 9/27/2013.(KSS)cc: Adkins (via US Mail)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT ASHLAND
GABRIEL I. ADKINS,
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) Civil Action No. 13-CV-17-HRW
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MEMORANDUM OPINION
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AND ORDER
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Plaintiff,
V.
BOYD COUNTY, ET AL.,
Defendants.
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Plaintiff Gabriel I. Adkins is an inmate confined in the Todd County
Detention Center located in Elkton, Kentucky. Proceeding without an attorney,
Adkins has filed a 42 U .S.C. § 1983 civil rights complaint challenging conditions
of his confinement in the Boyd County Detention Center ("BCDC") in
Catlettsburg, Kentucky. [D. E. No.1] Adkins alleges that between December 13,
2012, and February 1, 2013, the named defendants l subjected him to cruel and
unusual punishment in violation of the Eighth Amendment of the U.S.
The named defendants are: (1) Joe Burchett, Jailer, BCDC; (2) Carol Cornett, Nurse
Practitioner, BCDC; (3) Damon Matthews, Class "D" Supervisor, BCDC; (4) Boyd County,
Kentucky; and (5) Pathways Mental Health.
Constitution. By prior Order [D. E. No.4], the Court has granted Adkins's motion
to proceed in forma pauperis.
The Court must conduct a preliminary review ofAdkins' complaint because
he has been
granted pauper status and because he asserts claims against
government officials. 28 U.S.C. §§ 1915(e)(2), 1915A. A district court must
dismiss any claim that is frivolous or malicious, fails to state a claim upon which
relief may be granted, or seeks monetary relief from a defendant who is immune
from such relief. McGore v. Wrigglesworth, 114 F.3d 601,607-08 (6th Cir. 1997).
The Court evaluates Adkins' complaint under a more lenient standard
because he is not represented by an attorney. Erickson v. Pardus, 551 U.S. 89,94
(2007); Burton v. Jones, 321 F.3d 569, 573 (6th Cir. 2003). At this stage, the
Court accepts Adkins's factual allegations as true, and liberally construes his legal
claims in his favor. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).
Having reviewed the complaint, however, the Court must dismiss it with prejudice
because Adkins had failed to state a claim upon which relief can be granted.
ALLEGATIONS OF THE COMPLAINT
The following is a summary of Adkins' factual allegations. After being
moved from Cell #137 to the "D" Block of the BCDC, Adkins smeared his face
2
with his own feces "like 'war paint,'" D.E. No.1, p. 2, and covered the walls ofthe
"D" Block cell with his feces. Adkins blames his behavior on the fact that he had
been in the BCDC for two weeks without "proper medication." [Id.] Adkins
alleges that Damon Matthews then used pepper-spray on him without justification,
and that he was kept in a separate area ofthe BCDC until he could talk to someone
at Pathways, Inc. 2 [Id.] The next day, after talking to someone at Pathways, Inc.,
Adkins was left on "moderate watch," but was not released to return to the "D"
Block. [Id., pp. 2-3] Adkins alleges that Pathways, Inc., failed to keep him on
"high risk" status and to properly medicate him. [Id., p. 3]
Adkins alleges that after he was returned to the "D" Block, he was "mentally
in an uproar over my son having a terminal illness," and that BCDC Nurse
Practitioner Carol Cornett failed to discuss his psychiatric medication with him
prior to adjusting that medication. [Id., p. 3] Adkins further alleges that Cornett
failed to provide him with proper medical treatment for an abscessed tooth and
failed to properly treat a condition which he described as either the flu or a bad
2
Pathways, Inc., serves as a community-based center in eastern Kentucky which provides
mental health care, the prevention and treatment of alcohol and other addictions, and services for
individuals with mental retardation or developmental disabilities.
See
http://www.pathways-ky.org/services.html. The Clerk ofthe Court will be instructed to change the
name of this defendant on the CM/ECF cover sheet to "Pathways, Inc."
3
head cold. Finally, Adkins alleges that BCDC Jailer Joe Burchett "has control to
over see [sic] all this & find a solution & did nothing." [Id.]
Adkins seeks unspecified damages for pain and suffering, an order requiring
the defendants to "compensate their job titles,,,3 and an order directing the
defendants to "fix the problem so other inmates are provided with proper medical
assistance." [Id., p. 8, § VI]
DISCUSSION
1. Alleged Use of Excessive Force by Damon Matthews
Adkins does not use the term "excessive force," but a liberal reading of the
complaint suggests that he could be alleging that Matthews applied excessive force
when using the pepper-spray on him. The Eighth Amendment protects prisoners
against the imposition of"cruel and unusual punishment," and the use ofexcessive
force against prisoners may constitute cruel and unusual punishment. Hudson v.
McMillian, 503 U.S. 1, 5 (1992). However, not every use of intentional force
upon a prisoner by a prison official will rise to the level of an Eighth Amendment
violation. See Parrish v. Johnson, 800 F.2d 600,604 (6th Cir. 1986) ("[T]he good
3
It is unclear in this passage whether Adkins means he wants the defendants to "compensate"
him or to relinquish their "job titles."
4
faith use ofphysical force in pursuit ofvalid penological or institutional goals will
rarely, if ever, violate the Eighth Amendment.") (citations omitted).
An Eighth Amendment claim is comprised of both an objective and a
subjective component. Farmer v. Brennan, 511 U.S. 825, 833-36 (1994). The
objective element of the claim requires plaintiff to show a "sufficiently serious"
deprivation, id. at 834, (i.e., that the force was "harmful enough" to establish a
constitutional violation). The subjective inquiry focuses on whether a defendant
possessed a culpable state ofmind. In the context ofexcessive force, the question
is one ofa defendant's intent-whether a defendant used force in a good faith effort
to restore order or maliciously and sadistically for the very purpose of causing
harm. Hudson, 503 U.S. at 6-7; Whitley v. Albers, 475 U.S. 312, 320 (1986)).
Thus, plaintiff needs to produce evidence that the force was "harmful enough to
establish a constitutional violation" and applied "maliciously and sadistically to
cause harm" rather than in a "good faith effort to maintain or restore discipline."
Hudson, 503 U.S. at 7-8.
Excessive force claims must be decided "based on the nature of the force
rather than the extent of the injury." Wilkins v. Gaddy, 559 U.S. 34, 34 (2010).
Still, "the extent of injury may suggest whether the use of force could plausibly
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have been thought necessary ... [and] provide some indication of the amount of
force applied," even though "[i]njury and force ... are only imperfectly correlated."
Id. at 37-38. A prisoner's complaint "ofa push or shove that causes no discernible
injury almost certainly fails to state a valid excessive force claim." Id. at 38
(citations and internal quotation marks omitted). Here, Adkins does not allege that
he suffered any injury after the pepper-spray was used on him, or that he sought
or received medical treatment as a result of the alleged use of pepper-spray.
To the extent that Adkins may have suffered emotional distress stemming
from Matthews' alleged use ofpepper-spray on him, "No Federal civil action may
be brought by a prisoner confined in a jail, prison, or other correctional facility, for
mental or emotional injury suffered while in custody without a prior showing of
physical injury." 42 U.S.C. § 1997e(e). See also Wilson v. Yaklich, 148 F.3d 596,
601 (6th Cir. 1999) (citing Wilson v. Seiter, 501 U.S. 294,298 (1991)) ("[A] claim
of psychological injury does not reflect the deprivation of 'the minimal civilized
measures
of
life's
necessities,'
that
.
IS
the
touchstone
of
a
conditions-of-confinement case"); Jarriettv. Wilson, 162 F. App'x 394, 400 (6th
Cir. 2005). Because Adkins has not shown a "sufficiently serious" deprivation, he
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has satisfied the objective criteria of his construed Eighth Amendment excessive
force claim against Damon Matthews.
The next step ofan excessive force claim requires a court to inquire into "the
reason or motivation for the conduct, the type and excessiveness ofthe force used,
and the extent ofinjury inflicted" and the inquiry "must be carefully circumscribed
to take into account the nature of the prison setting in which the conduct occurs
and to prevent a prison official's conduct from being subjected to unreasonable
post hoc judicial second-guessing." Parrish, 800 F.2d at 605.
Applying that analysis here, Adkins states that he had smeared himself and
the walls of his cell with feces, exposure to which could have subjected Adkins,
other inmates, and/or jail personnel to contamination and disease spread by feces,
and other serious threats to human health. Adkins further claims that he engaged
in such abnormal and dangerous behavior because he had gone for two weeks
without "proper medication," which suggests that Adkins may have been violent,
or at a minimum, that he was not amenable to being restrained by less intrusive
means. Assuming that Matthews did in fact use pepper-spray on Adkins, this
Court will not second guess Damon Matthews' actions, because under the scant
facts which Adkins has alleged, Matthews took that action as a good-faith effort
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to maintain and/or restore discipline, and to eliminate the possibility of further
health threats, not to sadistically cause harm to Adkins. See Hudson, 503 U.S. at
7-8; Whitley, 475 U.S. at 320. Thus, because Adkins has also failed to satisfy the
subjective element of his construed excessive force claim against Matthews,
Adkins' Eighth Amendment claims against Damon Matthews will be dismissed for
failure to state a claim upon which relief can be granted.
2. Alleged Deliberate Indifference to Serious Medical Needs
Deliberate indifference to an inmate's serious medical needs may amount to
cruel and unusual punishment prohibited by the Eighth Amendment. See Flanary
v. Bonn, 604 F.3d 249, 253 (6th Cir. 2010). Deliberate indifference entails
something more than mere negligence. See Farmer v. Brennan, 511 U.S. 825, 835
(1994). Similar to an Eighth Amendment excessive force claim, a plaintiff who
alleges that a defendant was deliberately indifferent to his serious medical needs
must also satisfy both objective and subjective components of his claim.
To satisfy the objective component, the plaintiff must show that he had a
sufficiently serious condition and that the denial of needed medical care of that
condition either resulted in the unnecessary and wanton infliction ofpain or posed
a substantial risk ofserious harm. See Quigleyv. Thai, 707 F.3d 675, 681 (6th Cir.
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2013); Flanory, 604 F.3d at 253. To satisfy the subjective component, a plaintiff
must allege and ultimately prove that the defendant was aware offacts from which
the inference could be drawn that a substantial risk of harm would exist ifneeded
care were not provided, that the defendant actually drew the inference, and that the
defendant acted in disregard of that risk. Farmer, 511 US. at 837; Quigley, 707
F.3d at 681-82.
Adkins claims that Nurse Practitioner Cornett and Pathways, Inc., were
deliberately indifferent to his serious psychiatric needs. However, based on the
meager facts Adkins has alleged, Adkins has instead described merely a dispute
between him and both Cornett and Pathways, Inc., as to the nature and extent of
his psychiatric treatment.
Adkins does not allege that Cornett ignored his
psychiatric needs, only that she failed to adjust his psychiatric medication
"properly," and that she failed to consult with him prior to adjusting his
medication. 4 [D.E. No.1, p. 3] Similarly, Adkins does not allege that Pathways,
4
In a prior passage of his complaint, Adkins alleged that he smeared feces over his face and
cell walls "after 2 weeks without my proper medication," id, p. 2, but he did not identifY the person
or persons responsible for denying him his "proper medication" during that preceding two-week
period. Adkins did not allege that either Nurse Practitioner Cornett or Pathways, Inc., denied him
his "proper medication" during the two-week period preceding his feces-smearing activity. Adkins
asserted other specific allegations against both defendants, but he did not directly or indirectly link
either of them to the alleged denial of "proper medication" prior to the day on which he smeared
feces on himself and over the walls of the "D" block cell. The sequence of Adkins' allegations
indicates that his medical complaints about Cornett and Pathways, Inc., arose after he had smeared
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Inc., ignored his mental condition; he instead alleges only that after the mental
health specialists there examined him following the feces incident, they did not
keep him on "high risk status" and did not keep him "properly medicated." [Id.]
Here, Adkins describes differences of opinion he had with Cornett and
Pathways, Inc., about his psychiatric treatment, but mere differences in opinion
between an inmate and prison medical personnel regarding the appropriate medical
diagnoses or treatment are not enough to state a deliberate indifference claim.
Estelle v. Gamble, 429 U.S. 97, 107 (1976); Jennings v. AI-Dabagh, 97 F. App'x.
548, 550 (6th Cir. 2004) ("Jennings's personal opinion that his care was
substandard, or that he was not given the treatment he requested because of the
costs associated with the treatment, raises claims ofstate-law medical malpractice,
not constitutionally defective medical care indifferent to Jennings's serious medical
needs."); Durham v. Nu'Man, 97 F.3d 862, 869 (6th Cir. 1996) ("The Plaintiffs
complaints go to the adequacy of the medical care; they do not raise an issue of
unnecessary and wanton infliction of pain as required under Estelle."); Dotson v.
Wilkinson, 477 F. Supp.2d 838, 848 (N.D. Ohio 2007). This is so even ifthe mis
diagnosis results in an inadequate course of treatment and considerable suffering.
feces on his face and over the walls of the "D" block cell.
10
Gabehart v. Chapleau, 110 F.3d 63, 1997 WL 160322, at *2 (6th Cir. 1997);
Henricks v. Pickaway Correctional Inst., No. 2:08-CV-580, 2009 WL 1322306,
at *5 (S.D. Ohio May 11,2009) (where medical provider incompetently evaluated
a risk and made an incorrect diagnosis which may could have cost the prisoner his
life, the provider committed medical malpractice, not deliberate indifference).
Further, where a prisoner has received some medical attention, but disputes
the adequacy ofthat treatment, the federal courts are reluctant to second-guess the
medical judgments of prison officials and constitutionalize claims that sound in
state tort law. Westlake v. Lucas, 537 F.2d 857, 860 n. 5 (6 Cir.1976). "Deliberate
indifference" is the reckless disregard of a substantial risk of serious harm; mere
negligence, or even gross negligence, will not suffice. Farmer, 511 U.S. at
835-36; Williams v. Mehra, 186 F.3d 685, 691 (6th Cir. 1999) (en bane);
Westlake, 537 F.2d 60-61 n. 5. Adkins' claims alleging the denial of proper
psychiatric care might be sufficient for a medical malpractice claim in state court,
and Adkins may pursue such claims in state court, but the meager facts alleged in
his complaint do not support his allegation that Cornett and/or Pathways, Inc, were
deliberately indifferent to his psychiatric needs under the Eighth Amendment.
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Next, Adkins claims that Cornett failed to provide him with medical
treatment for his tooth, which he subjectively believed to be abscessed. Adkins
has failed to present evidence that his alleged tooth problem was sufficiently
serious to meet the objective component of an Eighth Amendment claim. Adkins
did not allege that he was denied treatment for the tooth for an extended period of
time, or that he suffered pain or any other harm resulting from his dental condition.
Other courts have held that prisoners' complaints about an abscessed tooth
or similar dental matters do not rise to the level ofa"sufficiently serious" condition
which would satisfy the objective component of an Eighth Amendment medical
claim. See Wright v. Taylor, 79 F. App'x 829, 831 (6th Cir. 2003) (affirming
dismissal of prisoner's Eighth Amendment claim on initial screening, where
prisoner failed to show that his tooth condition presented a serious medical
problem); Berryman v. Epp, 73 F.3d 361, 1995 WL 739493 (Table) (6 th Cir. Dec.
12, 1995) (Berryman's claim that he endured swelling in his left face and severe
tooth pain for a period of approximately two months, without alleging and
supporting more, is not a serious enough condition for an Eighth Amendment
violation."); Stanfieldv. Thompson, No.4: 12CV-P54-M, 2013 WL 899423, at *9
(W. D. Ky. March 8, 2013) (finding no serious condition based on prisoner's
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complaints about an abscessed tooth); cf McCarthy v. Place, 313 F. App'x 810,
814 (6th Cir. 2008) (a seven-month delay in extracting teeth and filling others may
violate the Eighth Amendment when the prisoner is complaining of serious pain
during the entire period).
Finally, Adkins has alleged that Nurse Practitioner Cornett failed to treat his
t1u and/or head cold complaints, but he does not allege that he suffered any serious
or long term adverse consequences stemming from these conditions.
Even
accepting as true Adkins' allegation that Cornett failed to treat his head cold and! or
t1u-like symptoms, the Court is unable to conclude that such conditions--absent
additional facts alleging serious complications or long term physical damage-
qualify as serious conditions which would satisfy the objective criteria of an
Eighth Amendment claim. In the employment context, neither the common cold
nor the t1u qualify as condition serious enough to warrant leave under the Family
Medical Leave Act ("FMLA"). See Gutierrez v. 78th Judicial Dist. Court, No.
1:07-CV--12682009 WL 2584748, at * 15 (W.D. Mich. Aug. 18, 2009) (citing 29
C.F.R. § 825 .114(c), which excludes the common cold, the t1u, ear aches, upset
stomach and other minor conditions from the FMLA's coverage). No valid
justification exists for reaching a different result in the jail or prison context.
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Adkins' Eighth Amendment claims against BCDC Nurse Practitioner Carol
Cornett and Pathways, Inc., fail to state a claim upon which relief can be granted.
3. Supervisory Liability of Jailer Joe Burchett
Adkins alleges that BCDC Jailer Joe Burchett is liable to him because
Burchett was responsible for overseeing the actions ofhis subordinates (Matthews
and Cornett) and finding a "solution," but that Burchett did "nothing." Adkins is
therefore alleging that Burchett is liable for the actions of his subordinates solely
because of his supervisory position, i.e., that Burchett is liable to him for the
actions ofhis employees based on the doctrine of respondeat superior. However,
Adkins can not hold Burchett liable based solely on his supervisory authority,
because the doctrine of respondeat superior, or the right to control employees,
does not apply in § 1983 actions to impute constitutional liability onto supervisors.
Monell v. Dept. o/Social Service o/City o/New York, 436 U.S. 658, 691 (1978);
Taylor v. Mich. Dep't o/Corr., 69 F.3d 76,80-81 (6th Cir. 1995); Bellamy v.
Bradley, 729 F.2d 416, 421 (6th Cir. 1984).
Rather, to establish supervisory liability in a § 1983 action, "[t]here must be
a showing that the supervisor encouraged the specific incident of misconduct or
in some other way directly participated in it. At a minimum, a § 1983 plaintiff
14
must show that a supervisory official at least implicitly authorized, approved or
knowingly acquiesced in the unconstitutional conduct of the offending
subordinate." Bellamy, 729 F .2d at 421 (citing Hays v. Jefferson County, Ky., 668
F.2d 869, 872-74 (6th Cir. 1982)).
Here, Adkins does not allege that Burchett was directly or personally
involved in any of the complained-of actions, or that Burchett implicitly
authorized, approved or knowingly acquiesced in the alleged unconstitutional
conduct of other defendants. Adkins contends that Burchett is liable under the
Eighth Amendment solely because he was the head administrator of the BCDC,
but Burchett's supervisory position alone is insufficient to hold him liable for the
alleged actions ofhis subordinates. "[L liability ofsupervisory personnel must be
based on more than merely the right to control employees." Hays, 668 F.2d at 872.
"Likewise, simple awareness ofemployees' misconduct does not lead to supervisor
liability." Learyv. Daeschner, 349 F.3d 888, 903 (6th Cir. 2003) (citing Lillardv.
Shelby County Bd. ofEduc., 76 F.3d 716, 728 (6th Cir. 1996)).
Further, supervisory liability "must be based on active unconstitutional
behavior and cannot be based upon' a mere failure to act. '" Shehee v. Luttrell, 199
F.3d 295,300 (6th Cir. 1999) (quoting Salehpour v. Univ. ofTenn. , 159 F.3d 199,
15
206 (6th Cir. 1998)). Adkins' Eighth Amendment claims against Joe Burchett will
be dismissed for failure to state a claim upon which relief can be granted.
4. Claims Against Boyd County
To the extent that Adkins asserts § 1983 claims against Boyd County, he
essentially asserts claims against that entity's governing body, presumably the
Boyd County Fiscal Court. A municipality ... cannot be held liable under § 1983
for an injury inflicted solely by its employees or agents." Gregory v. Shelby
County} Tenn., 220 F.3d 433, 441 (6th Cir. 2005) (citing Monell v. New York City
Dep't. ofSoc. Servs. 436 U.S. 658, 694 (1978)). To state a claim for relief against
the Boyd County Fiscal Court, Adkins must allege that the alleged action was the
result of an unconstitutional policy of, or a custom followed by, the Boyd County
Fiscal Court. Monell, 436 U.S. at 694; Matthews v. Jones, 35 F.3d 1046, 1049 (6th
Cir. 1994); Doe v. Claiborne County, 103 F.3d 495,507 (6th Cir. 1996); see also
PolkCountyv. Dodson, 454 U.S. 312 (1981) (municipal policy must be a "moving
force" behind constitutional deprivation).
Municipalities and other governmental entities cannot be held responsible
for a constitutional deprivation unless there is a direct causal link between a policy
or custom and the alleged deprivation. Monell, 436 U.S. at 691; Deaton v.
16
Montgomery County, Ohio, 989 F.2d 885, 889 (6th Cir. 1993). A plaintiff must
cite specific facts in support of his claim, and conclusory allegations are
insufficient. Culberston v. Doan, 125 F.Supp.2d 252, 263-64 (S.D. Ohio 2000).
A municipality may not be held liable for the actions of employees solely on the
basis of respondeat superior. Monell, 436 U.S. at 694.
Here, Adkins does not allege that any ofthe BCDC officials acted pursuant
to any policy or custom of the Boyd County Fiscal Court or other governing body
of Boyd County. In fact, Adkins does not even mention Boyd County other than
to list it as a defendant in the caption of his complaint.
Adkins's Eighth
Amendment claims against Boyd County and!or its governing body fail to state a
claim upon which relief can be granted.
CONCLUSION
Accordingly, IT IS ORDERED that:
1.
The Clerk of the Court shall change on the CMlECF cover sheet the
name of Defendant "Pathways Mental Health" to "Pathways, Inc."
2.
Plaintiff Gabriel I. Adkins's complaint [D. E. No.1] alleging
exceSSIve force and deliberate indifference to his serious medical needs is
DISMISSED WITH PREJUDICE.
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3.
The Court shall enter an appropriate judgment.
4.
This matter is STRICKEN from the active docket.
This September 27, 2013.
~'~
t1tnty R. - . Jr.
SGnedBy
~States
Dtstnct_
",
18
J
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