Reed v. Parrent et al
Filing
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MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS Signed by Judge Claria Horn Boom on 9/27/2019 - The Court will GRANT Defendants' Motion to Dismiss [R. 8 ] any state law claims asserted against Louisville Metro. The Court will GRANT Defendants' Motion to Dismiss [R. 8 ] Count I as it applies to Louisville Metro. The Court will GRANT Defendants' Motion to Dismiss [R. 8 ] Count I as it applies to Director Bolton. The Court will DENY Defendants' Motion to Dismiss [R. 8 ] the state law claims as they apply to Director Bolton. cc: Counsel (KD)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
MARIAH REED and HOMER
PARRENT, as Administratrix of the Estate
of King Messiah Chavez Walker, deceased
child,
Plaintiffs,
v.
LOUISVILLE METRO GOVERNMENT,
et al.,
Defendants.
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Civil Action No. 3:18-CV-276-CHB
MEMORANDUM OPINION AND
ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
DISMISS
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Plaintiff Mariah Reed and the administratrix of her deceased child’s estate (“the Baby”)
sued Louisville Metro Government (“Louisville Metro”), Director Mark Bolton, and various
medical personnel because of Ms. Reed’s medical treatment while she was incarcerated at
Louisville Metro Department of Corrections (“LMDC”). This matter is now before the Court on
a Motion to Dismiss by Defendants Louisville Metro and Mark Bolton [R. 8]. Plaintiffs filed a
response [R. 9], and Defendants filed their reply [R. 10]. Fully briefed, this matter is ripe for
decision. For the reasons stated herein, the Court will grant in part and deny in part the
Defendants’ Motion.
I.
Background
For the purposes of considering Defendants’ Motion, the following facts are taken as
true. Ms. Reed was both incarcerated at LMDC and pregnant with her third child. [R. 1 at p. 9]
In early 2017, Defendants took Ms. Reed to the hospital numerous times for treatment of lower
abdominal cramping, pain, and vaginal bleeding. Id. When Ms. Reed was more than four
months pregnant, in July 2017, Defendants again transported Ms. Reed to the hospital due to
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vaginal bleeding and complaints of menstrual-like cramping. Id. The hospital discharged Ms.
Reed back to LMDC’s custody five days later. Id.
At 1:13 a.m. the next day, Ms. Reed complained of contractions and severe pain “all
over.” Id. Ms. Reed had a pulse rate of 104 beats per minute, and the fetus had a heartbeat of
152 beats per minute. Id. at p. 10. Four hours later, the nurse noted in Ms. Reed’s chart that an
advanced registered nurse practitioner had ordered that Ms. Reed be monitored. Id. At 10:30
a.m., another registered nurse prepared an emergency room referral form because Ms. Reed had
passed a large blood clot, and her heart rate had risen to 145 beats per minute. Id. However, no
ambulance was called until after noon, nearly two hours after the nurse completed the referral
form. Id. In the ambulance ride to the hospital, Ms. Reed gave birth to her twenty-one-week-old
baby. Id. Ms. Reed’s baby died at the hospital hours later. Id.
Plaintiffs have asserted federal and state law claims against Louisville Metro and Mark
Bolton, Director of LMDC, in his individual capacity. [R. 1] Both Defendants have moved to
dismiss all claims against them pursuant to Fed. R. Civ. P. 12(b)(6). [R. 8]
II.
Motion to Dismiss Standard
Dismissal is proper pursuant to Fed. R. Civ. P. 12(b)(6) where the plaintiff “fails to state
a claim upon which relief can be granted.” A complaint must contain “a short and plain
statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Rule
8 “does not require ‘detailed factual allegations,’ but it demands more than an unadorned,
the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). A complaint that only “offers
‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action’” is
insufficient. Iqbal, 556 U.S. at 662 (citing Twombly, 550 U.S. at 555). In order to survive a Rule
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12(b)(6) motion, the complaint must “contain either direct or inferential allegations respecting all
material elements necessary for recovery under a viable legal theory.” D’Ambrosio v. Marino,
747 F.3d 378, 383 (6th Cir. 2014). The “complaint is viewed in the light most favorable to [the
plaintiff]; the allegations in the complaint are accepted as true, and all reasonable inferences are
drawn in [the plaintiff’s] favor.” Gavitt v. Born, 835 F.3d 623, 640 (6th Cir. 2016).
III.
Discussion
A.
Louisville Metro
As an initial matter, in their Response to Defendant’s Motion to Dismiss, Plaintiffs agree
that “Louisville Metro enjoys sovereign immunity from Plaintiffs’ state claims.” [R. 9 at p. 1]
Accordingly, the Court will grant Defendants’ Motion to Dismiss as to any state law claims
asserted against Louisville Metro.
Plaintiffs also seek to hold Louisville Metro liable for the deprivation of Ms. Reed’s and
the Baby’s constitutional rights pursuant to 42 U.S.C. § 1983. [R. 1 at p. 12] Louisville Metro
argues that the claim should be dismissed, as the complaint fails to state a claim for municipal
liability under § 1983. [R. 8-1 at pp. 7–9]
To state a claim against a municipal entity such as Louisville Metro, Plaintiffs must show
that Louisville Metro committed some wrong. See Doe v. Clairborne Cnty., Tenn., 103 F.3d 495,
507 (6th Cir. 1996) (“[R]espondeat superior is not available as a theory of recovery under section
1983.”). In order to establish municipal liability, the entity must perform the unconstitutional act
pursuant to a governmental policy or custom. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690–
91 (1978). The Sixth Circuit requires the plaintiff to “identify the policy, connect the policy to
the city itself and show that the particular injury was incurred because of the execution of that
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policy.” Garner v. Memphis Police Dep’t, 8 F.3d 358, 364 (6th Cir. 1993) (internal citations
omitted).
Count I does seek to hold Louisville Metro liable for the “customs and practices of
Defendants” that resulted in violations of Reed’s constitutional rights [R. 1 at pp. 11–12]
Plaintiffs vaguely suggest that these customs and practices were related to the training and
supervision of staff. Id. at p. 9–10. However, the complaint is otherwise silent as to what those
customs and practices are, why they were inadequate, and how they contributed to the violation
of Ms. Reed’s and the Baby’s constitutional rights.
District courts in the Sixth Circuit have consistently required “more than bare statements”
that a policy or custom caused the alleged constitutional violation to survive a motion to dismiss.
Phillips v. PTS of America, LLC, No. 3:17-CV-603-JHM, 2017 WL 4582801, at *2 (W.D. Ky.
Oct. 13, 2017) (quoting Vidal v. Lexington Fayette Urban Cty. Gov’t, No. 5:13-CV-117-DCR,
2014 WL 4418113, at *3 (E.D. Ky. Sept. 8, 2014)). In Vidal, for example, Plaintiff alleged that
a municipality “negligently trained and/or supervised” its employees, and that it “failed to
instruct, supervise, control, and discipline” its employees. Vidal, 2014 WL 4418113, at *3. The
district court found such allegations to be “naked assertions devoid of further factual
enhancement [that] contribute nothing to the sufficiency of the complaint.” Id. at *4. Plaintiff’s
complaint “merely recite[d] the legal requirements for a claim against a municipality without any
factual allegations that would raise a right to relief above the speculative level.” Id.
Phillips is also particularly instructive in resolving the § 1983 claim against Louisville
Metro. In that case, an inmate at LMDC—Mr. Culpepper—complained of abdominal pain
related to a bleeding ulcer. Phillips, 2017 WL 4582801, at *1. Medical staff at LMDC
prescribed him antacids. Id. Mr. Culpepper was then placed on a thirteen-hour transport to
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another facility, during which he continued to complain of abdominal pain. Id. When he arrived,
he was “unable to exit the van and was barely responsive.” Id. Mr. Culpepper lost consciousness
and ultimately died from a “perforated duodenal ulcer.” Id. The resulting lawsuit sought to hold
Louisville Metro liable for LMDC’s “written policies, procedures . . . customs and practices” that
resulted in violations of Mr. Culpepper’s constitutional rights. Id. at *2. However, the Plaintiff
did not state what those policies or customs were. Id. The Plaintiff alleged nothing along the
lines of what policies LMDC followed, why such policies were deficient, and how the policies
caused the alleged constitutional violation. Id. As such, the complaint contained “no factual
content upon which the Court could find that the plaintiffs [we]re plausibly entitled to relief.” Id.
Plaintiffs’ complaint suffers from the same shortcomings described in these cases. The
complaint merely states that Louisville Metro has “written policies, procedures and protocols at
LMDC with terms that clearly embraced Ms. Reed’s and the Baby’s obviously serious, emergent
medical conditions.” [R. 1 at p. 11] Plaintiffs further allege that:
[T]he treatment of Ms. Reed and the Baby by Defendants was the result of customs and
practices of Defendants that were contrary to or expressly violated written policies,
procedures and protocols of Correct Care and/or the Jail, and that such customs and
practices were the “moving force” behind Ms. Reed’s injury and the death of the Baby.
Id. These bare assertions, which completely lack any additional factual development, contribute
nothing to the sufficiency of the complaint. Twombly, 550 U.S. at 555. Indeed, this Court has
previously rejected a nearly identical allegation because it “failed to identify the policy, custom,
or practice” which caused the constitutional violation. Blaine v. Louisville Metro Gov’t, No.
3:13-CV-427-CRS, 2014 WL 321142, at *3 (W.D. Ky. Jan. 29, 2014). Ms. Reed’s complaint
merely recites the legal requirements for a claim against a municipality without any factual
allegations that would “raise a right to relief above the speculative level.” Id. Under this
pleading standard, the complaint fails to state a claim for municipal liability under § 1983.
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Therefore, Defendants’ Motion to Dismiss Count I as it applies to Louisville Metro is
GRANTED.
B.
Director Bolton
Plaintiffs assert four claims against Director Bolton. Count I seeks to hold Bolton liable
pursuant to § 1983 for violations of Reed’s and the Baby’s constitutional rights, while Count II
asserts a state law claim of negligence. [R. 1 at pp. 11–12] Count III asserts a claim for wrongful
death. Id. at p. 12. Count IV asserts a claim for the loss of the Baby’s love, society, and
companionship Ms. Reed would have enjoyed had the Baby lived. Id.
Bolton seeks dismissal of the § 1983 claim, as Plaintiffs have failed to plausibly allege a
claim for which relief can be granted. [R. 8-1] Bolton seeks dismissal of the three state law
claims on the grounds of qualified immunity. Id. The Court will discuss each in turn.
1.
§ 1983
First, Plaintiffs allege that Bolton violated Ms. Reed’s and the Baby’s rights under the
Eighth and Fourteenth Amendments because he was deliberately indifferent to Ms. Reed’s and
the Baby’s medical needs while Ms. Reed was a pre-trial detainee. [R. 1 at pp. 11–12]
A claim for deliberate indifference to medical needs must plead facts that demonstrate
two elements:
[A] plaintiff must satisfy an objective component and a subjective component. The
objective component is satisfied by showing a sufficiently serious condition that denial of
needed medical care would result in the unnecessary and wanton infliction of pain or
pose a substantial risk of serious harm. To satisfy the subjective component, a plaintiff
must allege and ultimately prove that the defendant was aware of facts from which the
inference could be drawn that a substantial risk of harm would exist if needed care were
not provided, that the defendant actually drew the inference, and that the defendant acted
in disregard of that risk.
Amick v. Ohio Dep. of Rehab. & Corr., 521 F. App’x 354, 358 (6th Cir. 2013) (internal citations
omitted). Defendants do not contest that Ms. Reed alleged a sufficiently serious medical need.
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Rather, Defendants only argue that the complaint fails to adequately plead facts that establish the
subjective component because Plaintiffs do not allege that Bolton was even aware of Ms. Reed’s
medical problems or the substantial risk posed by the issues. Defendants argue that “[t]here are
no assertions that . . . Bolton had any direct knowledge of Reed’s medical problems,” nor could
Bolton have “drawn any inference that Reed had a serious medical need.” [R. 8-1 at p. 5]
Indeed, Plaintiffs’ complaint does not allege any factual content to link Bolton to the
incidents at issue. The Plaintiffs only mention Bolton’s name five times in the entire body of the
complaint, and none of those references allege action, knowledge, or acquiescence of Bolton. By
contrast, the Plaintiff in Phillips at least alleged that “Bolton . . . surrendered custody” of Mr.
Culpepper, which the Court found that, at a bare minimum, “establishe[d] that Bolton was
physically present and made the decision to surrender custody of Culpepper.” Phillips, 2017 WL
4582801, at *3. In their Response, Plaintiffs request “the opportunity to determine” Bolton’s
involvement through discovery. [R. 9 at p. 4] However, Plaintiffs’ formulaic recitations fail to
state a claim for § 1983 liability with respect to Bolton. Twombly, 550 U.S. at 555.
In their complaint, Plaintiffs appear to also claim that deliberate indifference arose from
Bolton’s alleged failure to adequately train and supervise his staff. [R. 1 at p. 8] However, in
their Response, Plaintiffs “agree” with Defendants that Bolton has neither “liability in this case
under the doctrine of respondeat superior” nor “individual liability for failure to train.” [R. 9 at
p. 1] As such, the Court will dismiss any failure to train or respondeat superior claims against
Director Bolton.
Therefore, Defendants’ Motion to Dismiss Count I as it applies to Director Bolton is
GRANTED.
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2.
State Law Claims
Bolton has also moved to dismiss Plaintiffs’ state law claims for negligence, wrongful
death, and loss of companionship on qualified immunity grounds. [R. 8-1] Under Kentucky law,
“[q]ualified official immunity applies to the negligent performance by a public officer or
employee of (1) discretionary acts or functions, i.e., those involving the exercise of
discretion and judgment, or personal deliberation, decision, and judgment . . . ; (2) in
good faith; and (3) within the scope of the employee’s authority.”
Yanero v. Davis, 65 S.W.3d 510, 522 (Ky. 2001).
Bolton first argues that the act of supervising employees is discretionary. [R. 8-1 at p. 11]
However, determining whether a particular act is discretionary or ministerial is “inherently
fact-sensitive.” Hedgepath, v. Pelphrey, 520 F. App’x 385, 389 (6th Cir. 2013) (citing Haney v.
Monsky, 311 S.W.3d 235, 240 (Ky. 2010)). For instance, “the supervision of employees is a
ministerial act when it merely involve[s] enforcing known policies.” Hedgepath, 520 F. App’x at
391 (citing Yanero, 65 S.W.3d at 529). As such, without the development of a sufficient factual
record, the Court cannot determine if Bolton’s acts were discretionary or ministerial.
Furthermore, because of the fact-intensive nature of the qualified immunity defense, it is
“generally inappropriate for a district court to grant a 12(b)(6) motion to dismiss on the basis of
qualified immunity.” Wesley v. Campbell, 779 F.3d 421, 433–34 (6th Cir. 2015). Qualified
immunity is a threshold question to be resolved at the earliest possible point, but that point is
usually summary judgment and not dismissal under Rule 12. Id. (internal citations omitted).
Bolton also argues that there are no allegations in the complaint that he acted in bad faith.
[R. 8-1 at p. 12] The complaint does state that Bolton’s “conduct was intentional and grossly
negligent, indicated active malice towards Ms. Reed and the Baby, and a total, deliberate and
reckless disregard for and indifference to their lives and to their constitutional and common law
rights . . .” [R. 1 at pp. 8–9] The Court in Phillips cited approvingly nearly identical language as
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“adequately alleg[ing]” bad faith with respect to Bolton. Phillips, 2017 WL 4582801, at *4. In
that case, the Court did have the additional allegation that Bolton was involved in the decision to
surrender custody of the inmate. Id. In any event, because of the fact-intensive nature of the
analysis, the Court cannot at this time determine if Bolton is entitled to qualified immunity. See
Jenkins Ind. Schs. v. Doe, 379 S.W.3d 808, 812 (Ky. Ct. App. 2012) (refusing to determine
whether defendants acted in bad faith before development of sufficient factual record).
Therefore, Defendants’ Motion to Dismiss the state law claims as they apply to Director
Bolton is DENIED.
IV.
Conclusion
For the reasons stated above,
IT IS HEREBY ORDERED as follows:
1.
The Court will GRANT Defendants’ Motion to Dismiss [R. 8] any state law
claims asserted against Louisville Metro.
2.
The Court will GRANT Defendants’ Motion to Dismiss [R. 8] Count I as it
applies to Louisville Metro.
3.
The Court will GRANT Defendants’ Motion to Dismiss [R. 8] Count I as it
applies to Director Bolton.
4.
The Court will DENY Defendants’ Motion to Dismiss [R. 8] the state law claims
as they apply to Director Bolton.
This the 27th day of September, 2019.
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