Nguyen v. Ridling et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE - GRANTING IN PART 31 Second Rule 12(b)(6) Motion to Dismiss, GRANTING IN PART 32 Second Rule 12(b)(6) Motion to Dismiss. Plaintiff son Nguyen's state law claims of negligent hiring, supervision, training or retention are DISMISSED. The motions are DENIED as to Plaintiff's claims under 42 U.S.C. 1983. Signed by Judge Ron Clark on 9/19/2012. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SON NGUYEN,
Plaintiff,
v.
CAROLYN RIDLING et al,
Defendants.

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CIVIL ACTION NO. 4:11CV151

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The case was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. The
Magistrate Judge entered a Report and Recommendation on August 29, 2012. This Report
recommended that Defendant Carolyn Ridling’s Second Rule 12(b)(6) Motion to Dismiss [Doc. #
31] and Defendants Texoma Medical Center, UHS of Texoma, Inc., W. Mackey Watkins and Jan
Johnson’s Second Rule 12(b)(6) Motion to Dismiss [Doc. # 32] be granted as to Plaintiff Son
Nguyen’s state law claims of negligent hiring, supervision, training or retention, and denied as to
Plaintiff’s claims under 42 U.S.C. § 1983. Defendants W. Mackey Watkins and Jan Johnson filed
objections. No other objections were filed.
Having made a de novo review of the objections raised to the Report and Recommendation
by Defendants Johnson and Watkins, the court is of the opinion that the findings and conclusions
of the Magistrate Judge are correct, and the objections are without merit. These Defendants object
to the Report and Recommendation insofar as it denies their motion to dismiss on Plaintiff’s claims

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for supervisory liability under Section 1983. Defendants argue that Plaintiff has not alleged sufficient
facts to support the idea that they are state actors, or to support such a claim in general.
The Report and Recommendation addressed this argument, Doc. # 51 at 10-11, and no new
argument is presented in the objections. A motion to dismiss under Federal Rule of Civil Procedure
12(b)(6) for failure to state a claim is before the court, not a motion for summary judgment. Based
on Plaintiff’s Complaint and the standard of review on a Rule 12(b)(6) motion, sufficient facts have
been alleged at this stage to support a claim for supervisory liability under Section 1983. The court
overrules the objections, and adopts the findings and conclusions of the Magistrate Judge as the
findings and conclusions of this court.
IT IS THEREFORE ORDERED that Defendant Carolyn Ridling’s Second Rule 12(b)(6)
Motion to Dismiss and Defendants Texoma Medical Center, UHS of Texoma, Inc., W. Mackey
Watkins and Jan Johnson’s Second Rule 12(b)(6) Motion to Dismiss [Docs. # 31, 32] are
GRANTED IN PART. Plaintiff Son Nguyen’s state law claims of negligent hiring, supervision,
training or retention are dismissed. The motions are denied as to Plaintiff’s claims under 42 U.S.C.
§ 1983.
So ORDERED and SIGNED this 19 day of September, 2012.

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Ron Clark, United States District Judge

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