Hicks v. Janiszewski et al
Filing
108
MEMORANDUM OPINION AND ORDER GRANTING DEFAULT JUDGMENT AS TO DEFENDANT JAMES SPENCER re: 103 Oral Motion for Default Judgment. Accordingly, the Clerk is directed to enter a judgment against defendant James Spencer in the amount of Six Thousand Five Hundred and 00/100 Dollars ($6,500.00). Signed by Senior Judge Frederick P. Stamp, Jr. on 8/21/2015. (copy to counsel of record via CM/ECF) (nmm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
LAVEL HICKS,
Plaintiff,
v.
Civil Action No. 5:13CV140
(STAMP)
CECELIA JANISZEWSKI,
Medical Administrator,
Northern Regional Jail,
JOHN DOE, Doctor,
Northern Regional Jail,
JERRY HAHN, M.D., Doctor
and JAMES SPENCER,
Jail Administrator,
Defendants.
MEMORANDUM OPINION AND ORDER
GRANTING DEFAULT JUDGMENT AS TO DEFENDANT JAMES SPENCER
I.
Background1
The plaintiff filed this civil action pursuant to 42 U.S.C.
§ 1983 (“§ 1983”). He alleged claims of deliberate indifference to
his serious medical needs, in violation of his Eighth Amendment
rights.
The claims arose from an injury to the plaintiff’s hand
and the medical treatment prescribed.
Due to the alleged delay of
medical treatment for his injury, the plaintiff asserted that he
suffered injury to his hand. For relief, the plaintiff stated only
that he “seeks money damages.”
ECF No. 45.
At issue now is the plaintiff’s oral motion for default
judgment against defendant James Spencer (“Spencer”). ECF No. 103.
1
For a more thorough background of the facts of this civil
action, see ECF No. 68.
Previously, defendant Spencer, who was first identified in the
amended complaint, accepted service of the summons and complaint.
ECF No. 50. Since then, however, defendant Spencer has yet to file
an answer or responsive pleading, or make any appearance in this
civil action.
This Court ultimately entered default against
defendant Spencer on May 19, 2015.
ECF No. 69.
Later, close to
the date of trial, counsel for the plaintiff and counsel for
remaining defendants Jerry Hahn (“Hahn”) and Cecelia Janiszewski
(“Janiszewski”) filed a proposed order of dismissal with prejudice
regarding the claims asserted against those two defendants.
No. 98.
ECF
Those parties represented that the plaintiff, defendant
Hahn, and defendant Janiszewski reached a settlement as to the
claims against those defendants.
At this time, the Court has no
knowledge of the amount of the settlement.
This Court conducted a
status and scheduling conference, wherein it approved the order of
dismissal.
ECF No. 101.
Thus, the plaintiff’s claims against
defendants Hahn and Janiszewski were dismissed with prejudice. ECF
No. 100.
Moreover, this Court converted the originally scheduled
jury trial into a hearing on the plaintiff’s oral motion for
default judgment (ECF No. 103).
On August 18, 2015, this Court conducted a hearing on default
judgment as to defendant James Spencer.
Defendant Spencer did not
appear at that hearing, and he has not filed an appearance on the
record, despite earlier accepting service of the complaint and
2
summons.
ECF No. 50.
At that hearing, counsel for the plaintiff
called the plaintiff as the only witness.
In his testimony, the
plaintiff described the pain and suffering associated with his
injury.
He rated his pain as a “six” or “seven” on a ten-point
scale of pain, with ten representing the most amount of pain and
one being the least amount of pain.
Further, he described the
treatment he received, pointing to the overall delay in treatment
and
the
delay
complaints.
in
response
to
his
See ECF No. 106, Exs. 1-6.
multiple
grievances
and
Counsel for the plaintiff
did not provide expert testimony as to the plaintiff’s treatment
and injury.
As to any permanent injury or disfigurement, the
plaintiff noted that his finger slightly “sticks out to the side,”
that he has a scar, and that his injured hand is “kind of swollen.”
Counsel
for
the
plaintiff
also
provided
copies
of
several
grievances that the plaintiff filed throughout his experience. The
plaintiff indicated that defendant Spencer, who allegedly was the
jail administrator at that time, was aware of his grievances and
requests.
Following the plaintiff’s testimony, counsel for the plaintiff
also tendered to this Court a memorandum regarding attorney’s fees
and costs in the matter.
ECF No. 105.
At the hearing, counsel for
the plaintiff indicated that they had released defendants Hahn and
Janiszewski from any obligation to pay attorney’s fees.
3
For the reasons set forth below, the plaintiff’s oral motion
for a default judgment is GRANTED.
The plaintiff’s request for
attorney’s fees will be discussed in a separate order.
II.
Applicable Law
Rule 55 of the Federal Rules of Civil Procedure governs both
entries of default and default judgments.
Pursuant to Rule 55(a),
if a defendant does not answer a complaint or defend him or
herself, then the clerk may find an entry of default.
See Jackson
v. Beech, 636 F.2d 831, 835 (D.C. Cir. 1980) (“Once a defendant
fails to file a response answer, he is in default, and an entry of
default may be made by either the clerk or the judge.”).
course,
Of
an “[e]ntry of default must precede an entry of default
judgment.”
Virgin Records Am., Inc. v. Johnson, 441 F. Supp. 2d
963, 965 (N.D. Ind. 2006) (citing Hirsch v. Innovation Int’l, Civ.
No. 91-4130, 1992 WL 316143, at *1 (S.D.N.Y. Oct. 19, 1992)). Once
default is entered by the Clerk, the party may seek a default
judgment under Rule 55(b)(1) or (2), depending on the nature of the
relief sought.
If the plaintiff’s claim is for “a sum certain” or
a “sum that can be made certain by computation,” the plaintiff may
seek entry of default judgment from the Clerk under Rule 55(b)(1).
However, in cases in which the plaintiff seeks a form of relief
other than liquidated damages, Rule 55(b)(2) requires plaintiff to
seek an entry of default judgment from the court.
It is well-
established in the United States Court of Appeals for the Fourth
4
Circuit that default judgments are to be granted sparingly.
See,
e.g., Lolatchy v. Arthur Murray, Inc., 816 F.2d 951, 954 (4th Cir.
1987).
“[T]rial judges are vested with discretion, which must be
liberally exercised, in entering such judgments and in providing
relief therefrom.” United States v. Moradi, 673 F.2d 725, 727 (4th
Cir. 1982).
adversary
However, default judgment is available “when the
process
has
unresponsive party.”
been
halted
because
of
an
essentially
S.E.C. v. Lawbaugh, 359 F. Supp. 2d 418, 421
(D. Md. 2005) (citing Jackson v. Beech, 636 F.2d 831, 836 (D.C.
Cir. 1980)).
It
should
be
noted
that
a
defaulting
party
admits
the
plaintiff’s well-pleaded factual allegations in the complaint, in
contrast to the allegations regarding damages. Ryan v. Homecomings
Fin. Network, 253 F.3d 778, 780 (4th Cir. 2001).
The party in
default, however, is not held to admit conclusions of law.
III.
As
stated
earlier,
Id.
Discussion
this
Court
determined
that
defendant
Spencer failed to plead or otherwise defend as required by the
Federal Rules of Civil Procedure. Accordingly, this Court directed
the Clerk to enter an entry of default on May 19, 2015.
See ECF
Nos. 68 and 69. Further, defendant Spencer has not filed an
appearance or in any way responded in this civil action.
hearing
on
plaintiff
the
plaintiff’s
discussed
the
motion
pain
and
5
for
default
suffering
At the
judgment,
he
the
experienced
throughout
the
process.
However,
the
plaintiff
provided
insufficient evidence of the permanency of his injury, as well as
any future damages associated with it. Regarding medical expenses,
the plaintiff, as a state inmate, did not pay any expenses for the
medical care he received.
Moreover, the plaintiff did not provide
the testimony of an expert witness. After reviewing the record and
the parties’ filings, and based on defendant Spencer’s failure to
respond or otherwise appear in this civil action, the plaintiff’s
oral motion for default judgment is granted.
Accordingly, a
default judgment is entered as to defendant Spencer in the amount
of $6,500.00 for compensatory damages.
IV.
Conclusion
For the reasons set forth above, the plaintiff’s oral motion
for default judgment (ECF No. 103) is GRANTED.
Accordingly, the
Clerk is directed to enter a judgment against defendant James
Spencer in the amount of Six Thousand Five Hundred and 00/100
Dollars ($6,500.00).
IT IS SO ORDERED.
The Clerk is DIRECTED to transmit a copy of this memorandum
opinion and order to counsel of record herein.
DATED:
August 21, 2015
/s/ Frederick P. Stamp, Jr.
FREDERICK P. STAMP, JR.
UNITED STATES DISTRICT JUDGE
6
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