Herring v. Central State Hospital, Commonwealth of Virginia et al

Filing 20

OPINION. Signed by District Judge John A. Gibney, Jr on 7/29/2015. (jsmi, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

ANTONYA O. HERRING,

Plaintiff,
V.

Case No. 3:14-cv-73 8-JAG

CENTRAL STATE HOSPITAL,
COMMONWEALTH OF VIRGINIA, et al.
Defendants.
OPINION

Antonya O. Herring, an African American woman, worked as a nurse at Central State
Hospital ("CSH"), a psychiatric hospital owned and operated by the Commonwealth of Virginia.
In October 2012, a patient attacked Herring while she was on duty. She believes CSH and her
supervisors put her in that situation as a result of race-based staffing decisions. She filed this law
suit and named as defendants CSH and three of its employees in their official and individual
capacities: Vicki Montgomery, the Director of CSH; Dr. S. Yarathra, Chief Psychiatrist of

CSH's Forensic Unit; and Bemadette Spruill, the Head Supervisor in the Forensic Unit.

The complaint lists three counts and seeks both money damages and an injunction to stop
racial staffing decisions. Count I alleges a denial of Herring's right to equal protection. Count II

alleges race discrimination.' Count III says the defendants violated Herring's right to have
security present during the meeting with the violent patient and her right to immediately leave
work to obtain medical attention.

' Counts I and II both deal with racial discrimination, and the plaintiff does not say how Count II
differs from her Equal Protection claim in Count I. Count II contains only the sentence "Herring
restates and realleges the previous paragraphs set forth above and incorporates them by reference
herein." Compl. ^ 72. The Court fmds Count II duplicates Count I and so dismisses Count II.