Downer v. Bolton et al

Filing 6

MEMORANDUM OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 7/18/2017. Defendants named in Complaint are DISMISSED. Plaintiff may file an Amended Complaint within thirty (30) days. Plaintiff to also submit a completed summons for each named Defendant. Clerk of Court is DIRECTED to send Plaintiff a 1983 complaint form and six (6) blank summons forms. cc: Plaintiff, pro se; Defendants; Jefferson Co. Atty. (RLK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
FREDDIE LEE DOWNER, JR.
v.

PLAINTIFF
CIVIL ACTION NO. 3:17-CV-P341-CRS

MARK BOLTON et al.

DEFENDANTS
MEMORANDUM OPINION AND ORDER

This is a pro se civil rights action brought by a pretrial detainee pursuant to 42 U.S.C.
§ 1983. The Court has granted Plaintiff leave to proceed in forma pauperis. This matter is
before the Court for screening pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth,
114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).
For the reasons set forth below, the action will be dismissed in part, but Plaintiff will be allowed
to amend his complaint.
I. SUMMARY OF COMPLAINT
Plaintiff is a pretrial detainee at the Louisville Metro Department of Corrections
(LMDC). He brings this action against LMDC Director Mark Bolton in his official capacity; the
LMDC “Classification” Department; Medical Service “Healthcare CCS”; and the University of
Louisville Hospital.
Plaintiff alleges that he has been diagnosed with bipolar paranoid schizophrenia. He
alleges that this mental illness caused him to jump out of a building one year ago and break
multiple bones in his back and suffer from two brain bleeds and a collapsed lung. Plaintiff then
states that as a result of his “classification” at LMDC, he was placed in a “high behavior dorm”
instead of in a “mental health dorm.” Plaintiff alleges that he told both officers and doctors that
he feared for his life and needed to be placed in the “mental health dorm.” Plaintiff states that on
May 1, 2017, he got into an altercation with another inmate and was charged with assault.

Plaintiff claims that this incident could have been prevented if he had been on the “right floor
and been administered the proper medication.” Plaintiff further states that he is now in a single
cell for 23 hours a day and that he hears voices and has suicidal thoughts. He also writes that his
jaw was broken “in the jail” and he “did not get any help.” Finally, Plaintiff states that he was
denied medical care at the University of Louisville Hospital because he did not have insurance.
As relief, Plaintiff seeks compensatory and punitive damages.
II. LEGAL STANDARD
Because Plaintiff is a prisoner seeking relief against governmental entities, officers,
and/or employees, this Court must review the instant action under 28 U.S.C. § 1915A. Under
§ 1915A, the trial court must review the complaint and dismiss the complaint, or any portion of
the complaint, if the court determines that it 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. See § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d at 608.
In order to survive dismissal for failure to state a claim, “a complaint must contain
sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544,
570 (2007)). “[A] district court must (1) view the complaint in the light most favorable to the
plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers,
USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466
(6th Cir. 2009) (citations omitted)). “[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) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). However, while
liberal, this standard of review does require more than the bare assertion of legal conclusions.

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See Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995). The Court’s duty
“does not require [it] to conjure up unpled allegations,” McDonald v. Hall, 610 F.2d 16, 19 (1st
Cir. 1979), or to create a claim for a plaintiff. Clark v. Nat’l Travelers Life Ins. Co., 518 F.2d
1167, 1169 (6th Cir. 1975). To command otherwise would require the Court “to explore
exhaustively all potential claims of a pro se plaintiff, [and] would also transform the district
court from its legitimate advisory role to the improper role of an advocate seeking out the
strongest arguments and most successful strategies for a party.” Beaudett v. City of Hampton,
775 F.2d 1274, 1278 (4th Cir. 1985).
III. ANALYSIS
Section 1983 creates no substantive rights but merely provides remedies for deprivations
of rights established elsewhere. Flint ex rel. Flint v. Ky. Dep’t of Corr., 270 F.3d 340, 351 (6th
Cir. 2001). Two elements are required to state a claim under § 1983. Gomez v. Toledo, 446 U.S.
635, 640 (1980). “A plaintiff must allege the violation of a right secured by the Constitution and
laws of the United States, and must show that the alleged deprivation was committed by a person
acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). “Absent either element,
a § 1983 claim will not lie.” Christy v. Randlett, 932 F.2d 502, 504 (6th Cir. 1991).
It is well established that “[t]he Eighth Amendment forbids prison officials from
unnecessarily and wantonly inflicting pain on an inmate by acting with deliberate indifference
toward [his] serious medical needs.” Jones v. Muskegon Cty, 625 F.3d 935, 941 (6th Cir.
2010) (internal quotations and citations omitted).1 A claim for deliberate indifference “has both

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Although the Eighth Amendment’s protections apply specifically to post-conviction inmates, see Barber v. City of
Salem, Ohio, 953 F.2d 232, 235 (6th Cir. 1992), the Due Process Clause of the Fourteenth Amendment also operates
to guarantee those same protections to pretrial detainees. Thompson v. Cty. of Medina, Ohio, 29 F.3d 238, 242 (6th
Cir. 1994); see also Molton v. City of Cleveland, 839 F.2d 240, 243 (6th Cir. 1988) (stating that alleged violation
of pretrial detainee’s Eighth and Fourteenth Amendment rights is governed by the “deliberate indifference”
standard). These claims are analyzed under the same rubric as Eighth Amendment claims brought by convicted

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objective and subjective components.” Alspaugh v. McConnell, 643 F.3d 162, 169 (6th Cir.
2011). The United States Court of Appeals for the Sixth Circuit has explained:
The objective component mandates a sufficiently serious medical need.
[Blackmore v. Kalamazoo Cty., 390 F.3d 890, 895 (6th Cir.2004).] The
subjective component regards prison officials’ state of mind. Id. Deliberate
indifference “entails something more than mere negligence, but can be satisfied
by something less than acts or omissions for the very purpose of causing harm or
with knowledge that harm will result.” Id. at 895-96 (internal quotation marks
and citations omitted). The prison official must “be aware of facts from which the
inference could be drawn that a substantial risk of serious harm exists, and he
must also draw the inference.” Id. at 896 (internal quotation marks and citation
omitted).
Barnett v. Luttrell, 414 F. App’x 784, 787-88 (6th Cir. 2011). Where the risk of serious harm is
obvious, “it can be inferred that the defendants had knowledge of the risk.” Hendricks v.
DesMarais, No. 13-4106, 2015 U.S. App. LEXIS 9756, at *13 (6th Cir. Mar. 18, 2015).
A. Named Defendants
Plaintiff’s complaint fails to state a claim for deliberate indifference to a serious medical
need against any named Defendant for various reasons.
Plaintiff first sues LMDC Director Mark Bolton in his official capacity. This claim is
actually against Defendant Bolton’s employer, the Louisville Metro Government. See Lambert
v. Hartman, 517 F.3d 433, 440 (6th Cir. 2008) (stating that civil rights suit against county clerk
of courts in his official capacity was equivalent of suing clerk’s employer, the county). When a
§ 1983 claim is made against a municipality, this Court must analyze two distinct issues: (1)
whether Plaintiff's harm was caused by a constitutional violation; and (2) if so, whether the
municipality is responsible for that violation. Collins v. City of Harker Heights, Tex., 503 U.S.
115, 120 (1992). To demonstrate municipal liability, a plaintiff “must (1) identify the municipal
policy or custom, (2) connect the policy to the municipality, and (3) show that his particular
prisoners. See Roberts v. City of Troy, 773 F.2d 720, 723 (6th Cir. 1985) (citing Bell v. Wolfish, 441 U.S. 520, 545,
(1979)).

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injury was incurred due to execution of that policy.” Alkire v. Irving, 330 F.3d 802, 815 (6th Cir.
2003) (citing Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993)). “[A]
municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a
municipality cannot be held liable under § 1983 on a respondeat superior theory.” Monell v.
Dep’t of Soc. Servs. of N.Y., 436 U.S. 658, 691 (1978); Searcy v. City of Dayton, 38 F.3d 282,
286 (6th Cir. 1994); Berry v. City of Detroit, 25 F.3d 1342, 1345 (6th Cir. 1994). “[T]he
touchstone of ‘official policy’ is designed ‘to distinguish acts of the municipality from acts of
employees of the municipality, and thereby make clear that municipal liability is limited to action
for which the municipality is actually responsible.’” City of St. Louis v. Praprotnik, 485 U.S.
112, 138 (1988) (quoting Pembaur v. Cincinnati, 475 U.S. 469, 479-80 (1986)) (emphasis in
original). Here, Plaintiff has failed to allege a municipal policy custom caused the alleged
violation of his constitutional rights. The Court will therefore dismiss the official-capacity claim
against Defendant Bolton for failure to state a claim upon which relief may be granted.
Plaintiff also names “Healthcare CCS” as a Defendant. The Court construes this claim as
one against Correct Care Solutions (CCS), the entity from which Plaintiff sought medical care
while at LMDC.2 A private corporation that performs a public function, such as contracting with
the state to provide medical care, may be found to act under color of law for purposes of
§ 1983. Thomas v. Coble, 55 F. App’x 748 (6th Cir. 2003); Skelton v. Pri-Cor, Inc., 963 F.2d
100, 102 (6th Cir. 1991). The Sixth Circuit has held that the analysis that applies to a
§ 1983 claim against a municipality also applies to a § 1983 claim against a private corporation
such as CCS. See Street v. Corr. Corp. of Am., 102 F.3d 810, 818 (6th Cir. 1996) (citing Monell,
436 U.S. at 691 (1978) (“Monell involved a municipal corporation, but every circuit to consider

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Plaintiff attached exhibits to his complaint which included “Healthcare Requests” made on Correct Care Solutions
forms.

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the issue has extended the holding to private corporations as well.”). Thus, because Plaintiff has
failed to allege that a CCS custom or policy caused the alleged violation of his constitution
rights, the Court will likewise dismiss the claim against “Healthcare CCS” for failure to state a
claim upon which relief may be granted.
Plaintiff also names the LMDC “Classification” Department as a Defendant. However,
courts have generally held that a prison or jail “department” is not “person” within the meaning
of § 1983. See, e.g., Hix v. Tenn. Dep’t of Corr., 196 F. App’x 350 (6th Cir. 2006) (holding that
a state prison’s medical department is not a “person” under § 1983); Hay v. Cuyahoga Jail Med.
Dep’t, No. 1:11 CV 2652, 2012 U.S. Dist. LEXIS 9976, at *5-6 (N.D. Ohio Jan. 27, 2012)
(dismissing claim against county jail medical department for same reason). Thus, Plaintiff’s
claims against the LMDC “Classification” Department will be dismissed for failure to state a
claim upon which relief may be granted.
Finally, the Court will dismiss Plaintiff’s claims against the University of Louisville
Hospital for failure to state a claim upon which relief may be granted because the Sixth Circuit
has held that the Hospital is not a state actor. Mitchell v. Univ. Med. Ctr., Inc., No. 10-5979,
2011 U.S. App. LEXIS 26546, at *9-10 (6th Cir. 2011) (“The Hospital was created under
Kentucky’s general non-profit corporation laws for the purpose of providing medical services
and education, and appoints its own directors; thus, the Hospital is not part of Kentucky’s
government.”). Moreover, Plaintiff’s allegation against the Hospital, which is that it refused him
treatment because he did not have insurance, does not appear to be “fairly attributable to the
state.” Id. (citing Wilcher v. City of Akron, 498 F.3d. 516, 519 (6th Cir. 2007)).

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B. Amended Complaint
Under Rule 15(a) of the Federal Rules of Civil Procedure, a district court can allow a
plaintiff to amend his complaint even when the complaint is subject to dismissal under the PLRA
[Prison Litigation Reform Act].” LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013).
Based upon the allegations in Plaintiff’s complaint, the Court will allow him to amend his
complaint to name as Defendants the jail and/or medical officials whom he believes were
deliberately indifferent to his serious medical needs.
IV. CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that the claims against the
named Defendants are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a
claim upon which relief may be granted.
IT IS FURTHER ORDERED that within 30 days from the entry date of this
Memorandum Opinion and Order, Plaintiff may file an amended complaint which names
as Defendants the jail and/or medical officials who allegedly violated his rights by
providing inadequate medical or mental health treatment. Plaintiff should sue these
Defendants in their individual capacities and explain how each Defendant personally took
actions that allegedly caused the deprivation of his constitutional rights.
The Court will conduct an initial review of Plaintiff’s amended complaint pursuant to
§ 1915A. Should Plaintiff fail to file an amended complaint with the above information
within the allotted amount of time, Plaintiff’s complaint will be dismissed pursuant to 28
U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.

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Plaintiff should also submit a completed summons form for each named Defendant
within the same 30-day period.3
The Clerk of Court is DIRECTED to send Plaintiff a § 1983 complaint form with this
case number and the word “Amended” affixed thereto, as well as six blank summons forms.
Date:

July 18, 2017

C al R Smpo I , ei J d e
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U i dSae Ds i C ut
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Plaintiff, pro se
Defendants
Jefferson County Attorney
4411.011

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Regarding the completion of the summons form, Plaintiff must: (1) prepare a summons for each Defendant sued;
(2) write or type Defendant’s name and address on the summons in the space provided; (3) write or type Plaintiff’s
name in the space provided; (4) do not fill in any other part of the summons form and do not mail the summons to
any of the defendants.

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