Kirk v. Corizon Medical et al

Filing 6

MEMORANDUM AND ORDER :IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $1.00 within thirty (30) days of the date of thi s Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for a n original proceeding.IT IS FURTHER ORDERED that plaintiffs motion to compel [ECF No. 3 ] is MOOT. IT IS FURTHER ORDERED that the Clerk is directed to serve process on defendants Regina Clark and Andrea Crader, in accordance with the Court's agreement with Corizon, Inc. IT IS FURTHER ORDERED that defendants Corizon, Inc., and George Lombardi are DISMISSED without prejudice. Signed by District Judge Ronnie L. White on 07/25/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
BRIANT. KIRK,

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Plaintiff,
v.

CORJZON MEDICAL, et al.,
Defendants.

No. 2:16-CV-50 SPM

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action
under 42 U.S.C. § 1983 . Having reviewed plaintiffs financial information, the Court
assesses a partial initial filing fee of $1.00, which is twenty percent of his average
monthly deposit. See 28 U.S.C. § 1915(b).
Standard of Review
Under 28 U.S.C. § 1915(e), the Court is required to dismiss a complaint filed in
forma pauperis if it is frivolous , malicious, or fails to state a claim upon which relief can
be granted. To state a claim for relief under § 1983 , a complaint must plead more than
"legal conclusions" and "[t]hreadbare recitals of the elements of a cause of action [that
are] supported by mere conclusory statements." Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009). A plaintiff must demonstrate a plausible claim for relief, which is more than a
"mere possibility of misconduct." Id. at 679. "A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged." Id. at 678. Determining whether a

complaint states a plausible claim for relief [is] a context-specific task that requires the
reviewing court to draw on its judicial experience and common sense. Id. at 679.
The Complaint
Plaintiff brings this action against Corizon, Inc.; Regina Clark, Nurse; Andrea
Crader, Nurse; and George Lombardi, Director, Missouri Department of Corrections.
Plaintiff alleges that on May 21 , 2014, he fractured his wrist and sprained his ankle
playing basketball. He says that both Clark and Crader refused to order an X-ray for his
wrist for two days. And he claims his wrist was unable to heal properly because of the
delay in treatment.
Plaintiff seeks to hold Lombardi liable because of his role in contracting with
Corizon to provide medical care for Department of Corrections' institutions.

And

plaintiff seeks to hold Corizon liable because it employs Clark and Crader.
Discussion
Plaintiffs allegations against Clark and Crader state a plausible claim for
deliberate indifference to his medical needs. Therefore, the Court will order the Clerk to
serve process on these defendants.
"Liability under § 1983 requires a causal link to, and direct responsibility for, the
alleged deprivation of rights."

Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir.

1990); see Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009) ("Because vicarious liability is
inapplicable to Bivens and § 1983

suits, a plaintiff must plead that each

Government-official defendant, through the official's own individual actions, has
violated the Constitution."); Camberos v. Branstad, 73 F.3d 174, 176 (8th Cir. 1995) ("a
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general responsibility for supervising the operations of a prison is insufficient to establish
the personal involvement required to support liability."). Because there are no allegations
that defendant Lombardi was directly involved with the decision not to X-ray or treat his
wrist fracture, the complaint does not state a claim against him, and he must be
dismissed.
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). There are no such allegations
against Corizon. Consequently, Corizon must be dismissed as well.
According! y,

IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis
[ECF No. 2] is GRANTED.

IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of
$1.00 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his
remittance payable to "Clerk, United States District Court," and to include upon it: (1) his
name; (2) his prison registration number; (3) the case number; and (4) that the remittance
is for an original proceeding. 1

IT IS FURTHER ORDERED that plaintiffs motion to compel [ECF No. 3] is
MOOT.
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Prisoners must pay the full amount of the $350 filing fee. After payment of the initial partial
filing fee, the prisoner is required to make monthly payments of 20 percent of the preceding
month's income credited to the prisoner's account. The agency having custody of the prisoner
will deduct the payments and forward them to the Court each time the amount in the account
exceeds $10. 28 U.S.C. § 1915(b)(2).
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IT IS FURTHER ORDERED that the Clerk is directed to serve process on
defendants Regina Clark and Andrea Crader, in accordance with the Court's agreement
with Corizon, Inc.

IT IS FURTHER ORDERED that defendants Corizon, Inc., and George
Lombardi are DISMISSED without prejudice.
An Order of Partial Dismissal will be filed separately.

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DatedthisddayofJuly,2016.

~EL.WlllTE

UNITED STATES DISTRICT JUDGE

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