Patmon v. Washington County Jail, NE et al

Filing 16

MEMORANDUM AND ORDER that all § 1983 deliberate indifference claims against Defendants are dismissed with prejudice. All state-law medical malpractice claims against Defendants are dismissed without prejudice to reassertion in the proper forum. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY LEE PATMON,
Plaintiff,

8:16CV390

vs.
WASHINGTON COUNTY JAIL, NE,
TAMMY BADER, and CAROL
HANNEMAN,

MEMORANDUM
AND ORDER

Defendants.
On August 12, 2016, Plaintiff filed a Complaint. (Filing No. 1.) On August
31, 2016, Plaintiff filed an Amended Complaint. (Filing No. 8.) On November 30,
2016, the court ordered Plaintiff to file a second amended complaint because his
Amended Complaint failed to state a claim upon which relief could be granted.
(Filing No. 14.) On December 7, 2016, Plaintiff filed a second Amended
Complaint. (Filing No. 15.) The court now reviews Plaintiff’s second Amended
Complaint.
In his second Amended Complaint, Plaintiff continues to claim, at most,
negligence against Defendants Tammy Bader and Carol Hanneman. (See Filing
No. 15 at CM/ECF pp. 1-11.) The court warned Plaintiff in its previous order that
“[i]t is well-established that mere negligence does not support an Eighth
Amendment violation.” See Gregoire v. Class, 236 F.3d 413, 418 (8th Cir. 2000).
(Filing No. 14 at CM/ECF p. 5.) Accordingly, all § 1983 deliberate indifference
claims against Bader and Hanneman are dismissed. All § 1983 deliberate
indifference claims against Washington County are dismissed for the reasons
stated in the court’s order dated November 30, 2016. (Id.)

Plaintiff adds state-law medical malpractice claims against Defendants in his
second Amended Complaint. (Filing No. 15 at CM/ECF pp. 1-4.) Because the
court has dismissed all claims over which it had original jurisdiction, and the court
can determine no other basis for federal jurisdiction over the state-law claims, the
court will dismiss Plaintiff’s state-law claims against Defendants without prejudice
to reassertion in the proper forum.
IT IS THEREFORE ORDERED that:
1.
All § 1983 deliberate indifference claims against Defendants are
dismissed with prejudice.
2.
All state-law medical malpractice claims against Defendants are
dismissed without prejudice to reassertion in the proper forum.
3.
A separate judgment will be entered in accordance with this
Memorandum and Order.
Dated this 14th day of February, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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