Calhoun v. Corizon Correctional Health Care et al

Filing 12

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Corizon Correctional Health Care is DISMISSED without prejudice. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue on defendants Roschell Davis, Kendis Arche r, Keven Bredeman, and James Hurley. The Clerk should serve defendants Davis, Archer, and Bredeman in accordance with the Courts agreement with Corizon, Inc. The Clerk should serve Hurley in accordance with the Court's agreement with the State of Missouri, Department of Corrections. Signed by District Judge Catherine D. Perry on November 4, 2014. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
MAJOR CALHOUN,
Plaintiff,
v.
CORIZON CORRECTIONAL HEALTH
CARE, et al.,
Defendants,

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No. 2:14CV88 CDP

MEMORANDUM AND ORDER
This matter is before me on review of this action under 28 U.S.C. ' 1915(e)(2)(B).
Under 28 U.S.C. ' 1915(e)(2)(B), I must dismiss a complaint filed in forma pauperis if
the action is frivolous, malicious, fails to state a claim upon which relief can be granted,
or seeks monetary relief from a defendant who is immune from such relief. An action is
frivolous if it Alacks an arguable basis in either law or fact.@ Neitzke v. Williams, 490
U.S. 319, 328 (1989); Denton v. Hernandez, 504 U.S. 25, 31 (1992). An action is
malicious if it is undertaken for the purpose of harassing the named defendants and not
for the purpose of vindicating a cognizable right. Spencer v. Rhodes, 656 F. Supp. 458,
461-63 (E.D.N.C. 1987), aff=d 826 F.2d 1059 (4th Cir. 1987). A complaint fails to state a
claim if it does not plead Aenough facts to state a claim to relief that is plausible on its
face.@ Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).
Plaintiff sues defendants under 42 U.S.C. § 1983 for deliberate indifference to his
serious medical needs. Plaintiff alleges that he fractured his wrist in 2011, and he claims

that despite an X-ray showing the fracture, his doctor told him he only had a sprained
wrist and failed to treat it. Plaintiff says he complained to defendants that his pain was
worsening but that they refused to treat him. And plaintiff states that in 2013 he was seen
by an outside surgeon who told him that he should have had surgery shortly after the
injury occurred.
To state a claim for medical mistreatment, plaintiff must plead facts sufficient to
indicate a deliberate indifference to serious medical needs. Estelle v. Gamble, 429 U.S.
97, 106 (1976); Camberos v. Branstad, 73 F.3d 174, 175 (8th Cir. 1995). Allegations of
mere negligence in giving or failing to supply medical treatment will not suffice. Estelle,
429 U.S. at 106. In order to show deliberate indifference, plaintiff must allege that he
suffered objectively serious medical needs and that defendants actually knew of but
deliberately disregarded those needs. Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.
1997). In order to state a claim against Corizon, plaintiff must allege that there was a
policy, custom or official action that caused an actionable injury. Sanders v. Sears
Roebuck & Co., 984 F.2d 972, 95-76 (8th Cir. 1993).
Plaintiff has not alleged that a policy or official action of Corizon caused his
injury. As a result, I will dismiss Corizon for failure to state a claim upon which relief
can be granted.
Plaintiff claims that each of the individual defendants knew of but disregarded his
injury. Therefore, I will direct the Clerk to serve process on these defendants.
Accordingly,

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IT IS HEREBY ORDERED that defendant Corizon Correctional Health Care is
DISMISSED without prejudice.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause process
to issue on defendants Roschell Davis, Kendis Archer, Keven Bredeman, and James
Hurley. The Clerk should serve defendants Davis, Archer, and Bredeman in accordance
with the Court’s agreement with Corizon, Inc.

The Clerk should serve Hurley in

accordance with the Court’s agreement with the State of Missouri, Department of
Corrections.
Dated this 4th day of November, 2014.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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