Scales v. Kentucky State Reformatory et al

Filing 19

MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 5/1/18: IT IS ORDERED that Megan P. OReilly, counsel for served Defendant CCS, shall have 21 days (5/22/2018) from the entry date of this Order to submit a notice of waiver of ser vice on behalf of Defendants Hellen and Mrs. Martha. If counsel elects not to waive service for Defendants, counsel must provide the Court with a last known or forwarding address for Defendants Hellen and Mrs. Martha within 21 days from the entry dat e of this Order so that the Court may ensure service. Further, if an address is provided, the Clerk of Court is DIRECTED to prepare and issue summonses for Defendants Hellen and Mrs. Martha at the provided addresses, and the USM shall serve a copy o f the complaint (DN 1 ), amend/supplement (DN 6 ), and amended complaint (DN 13 ) the 2/5/2018, Memorandum Opinion and Order (DN 9 ); the instant Memorandum Opinion and Order Regarding Service; and summonses on Defendants Hellen and Mrs. Martha in accordance with Rule 4 of the Federal Rules of Civil Procedure. cc: Plaintiff(pro se), Counsel, Defts Hellen and Mrs. Martha (DJT)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
PARNELL F. SCALES

PLAINTIFF

v.

CIVIL ACTION NO. 3:17CV-P384-JHM

KENTUCKY STATE REFORMATORY et al.

DEFENDANTS

MEMORANDUM OPINION AND
ORDER REGARDING SERVICE
Plaintiff Parnell F. Scales, a convicted inmate incarcerated at the Kentucky State
Reformatory (KSR), filed a pro se complaint pursuant to 42 U.S.C. § 1983 (DN 1). Thereafter,
he filed a document titled “Affidavit” (DN 6), which the Court construed as an
amendment/supplement to the complaint. On initial review of the complaint and its amendment/
supplement pursuant to 28 U.S.C. § 1915A (DN 9), the Court dismissed some claims and
allowed the following claims to continue: (1) the federal Eighth Amendment claims of
deliberate indifference to a serious medical need against Defendant Smith in his official capacity,
Defendant Bunnell in her individual and official capacities, and Defendant Correct Care
Solutions, LLC (CCS) (failure to train); and (2) the state-law claims of negligence and
intentional infliction of emotional distress (IIED) against Defendants Smith, Bunnell, and CCS.
The Court also provided Plaintiff an opportunity to file an amended complaint (1) to name as
Defendants those individuals (the unidentified physician’s assistant, Dr. Van Hellen, or any other
person(s)) allegedly responsible for his denied medical treatment; to sue them in their individual
capacities; and to describe the facts surrounding each individual’s involvement in his claims.

Plaintiff filed an amended complaint (DN 13), which is currently before the Court for
initial review under § 1915A. In the amended complaint, Plaintiff sues Ron Hellen, a CCS
physician assistant at KSR, and Mrs. Martha, CCS Head Nurse at KSR, in their individual and
official capacities. He alleges that on June 7, 2017, Defendant Hellen “remove the staple and
stickis around the dialysis tape and without the Doctor approver from Norton Hospital.
[Defendant] Mrs. Martha try to help him because it start to Bleed and wrap it up.” Plaintiff
claims that Defendant Hellen “cannot lawfully be assigned, or try to perform, task beyond his
training and No Doctor adequate supervision.” Plaintiff states that on June 11, 2017, he was
taking a shower “and the Dialysis Tap in main artery came out and almost Blood to Dead
because of [Defendant] Hellen removing staple and stickis to early.”
Plaintiff also claims that when he returned from the hospital after almost bleeding to
death, Defendant Hellen “start making threat against me and I am afaired for my life in Dialysis
ever time I go to Dialysis. He threat me Verbal by saiding I could died because of my health.
He has tried to scare me from filing this lawsuit. [Defendant Hellen] is refusing proper medical
and proper Dialysis.”
Upon initial review, the Court will allow the amended complaint to continue.
Specifically, the Court allows the Eighth Amendment claims of deliberate indifference to a
serious medical need to continue against Defendants Hellen and Mrs. Martha in their
individual and official capacities; the retaliation claim to continue against Defendant
Hellen in his individual capacity; and the state-law claims of negligence and IIED to
continue against Defendants Hellen and Mrs. Martha.

2

“[W]hen a plaintiff is proceeding in forma pauperis the court is obligated to issue
plaintiff’s process to a United States Marshal [USM] who must in turn effectuate service upon
the defendants . . . .” Byrd v. Stone, 94 F.3d 217, 219 (6th Cir. 1996); Fed. R. Civ. P. 4(c)(3). In
an effort to alleviate the burden on the USM, the Court attempts to secure a waiver of service of
process when possible. Since counsel already represents CCS, for whom Plaintiff indicates
Defendants Hellen and Mrs. Martha work, the Court will seek waiver of service for those two
Defendants from CCS counsel. Absent a waiver in this case, the Court will direct service by the
USM. Accordingly,
IT IS ORDERED that Megan P. O’Reilly, counsel for served Defendant CCS, shall
have 21 days from the entry date of this Order to submit a notice of waiver of service on
behalf of Defendants Hellen and Mrs. Martha.
If counsel elects not to waive service for Defendants, counsel must provide the Court
with a last known or forwarding address for Defendants Hellen and Mrs. Martha within
21 days from the entry date of this Order so that the Court may ensure service. If the
address is not public record, counsel shall file it under seal. The sealed address will be used
only to effect service and will not be provided to Plaintiff. Further, if an address is provided, the
Clerk of Court is DIRECTED to prepare and issue summonses for Defendants Hellen and
Mrs. Martha at the provided addresses, and the USM shall serve a copy of the complaint
(DN 1), amend/supplement (DN 6), and amended complaint (DN 13); the February 5, 2018,
Memorandum Opinion and Order (DN 9); the instant Memorandum Opinion and Order
Regarding Service; and summonses on Defendants Hellen and Mrs. Martha in accordance with
Rule 4 of the Federal Rules of Civil Procedure.

3

A separate Scheduling Order will be entered to govern the development of all continuing
claims.
Date:

May 1, 2018

cc:

Plaintiff, pro se
Counsel of record
Defendants Hellen and Mrs. Martha
4414.005

4