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Brown v. Campbell County

United States District Court, Sixth Circuit

August 26, 2013

WESLEY BROWN, Plaintiff,
v.
CAMPBELL COUNTY, KENTUCKY, ET AL., Defendant.

MEMORANDUM OPINION AND ORDER

WILLIAM O. BERTELSMAN, District Judge.

Plaintiff Wesley Brown, a former detainee at the Campbell County Detention Center (CCDC), filed the instant action against Defendants Campbell County, Kentucky; Campbell County Jailer Greg Buckler, both in his official and individual capacities; Southern Health Partners, Inc. (SHP); and a number of SHP employees in their official and individual capacities, alleging cruel and unusual punishment in violation of the 8th and 14th Amendments and Brown's civil rights under 42 U.S.C. ยง 1983. Brown also alleges various state law claims.[1]

Brown has entered into an agreed dismissal with SHP and the SHP employees. See Doc. 74. Thus, Brown's remaining claims are only against Campbell County, Kentucky and Campbell County Jailer Greg Buckler in his official and individual capacities (collectively "Campbell County Defendants").

This matter is currently before the Court on the Campbell County Defendants' motion for summary judgment (Doc. 46).

Having reviewed this matter, the Court concludes that oral argument is unnecessary to the resolution of this motion. The Court therefore issues the following Memorandum Opinion and Order.

Factual and Procedural Background

A. General Background

Since February 1, 2007, the CCDC has had a contract with SHP pursuant to which SHP provides "all professional medical, mental health, dental and related health care and administrative services" for CCDC inmates, including sick call, nursing care, regular and emergency physician care. (Doc. 46-1). SHP, in turn, contracts with a physician and employs nurses to staff the CCDC. These arrangements were in place at all times relevant to this action.

B. Brown's Incarceration

Brown was incarcerated at the CCDC from July 26, 2010 until January 7, 2011. See Brown Depo. - Vol. 1 at 113-14. Upon admission to the facility, Brown advised the booking deputy that he had high blood pressure, heart problems, and that he was required to take various medications. Id. at 114-15; see also Doc. 46-3.

Brown also asserts that Defendant Buckler was present during that exchange, and Defendant Buckler inquired about Brown's medical issues. Id. at 69-70. Brown testified that, in response, Defendant Buckler "called medical to come up there and look at" him. Id. at 70. Brown admits that this was the only interaction he had with Defendant Buckler during this period of incarceration. Id. at 70-71. Brown also admits that he was seen by the medical staff shortly after his admission to the CCDC. Id. at 124-27.

While Brown admits that he received adequate medical care for the majority of his stint at the CCDC, he asserts that the Defendants failed to provide adequate medical care from a period beginning in late November until mid-December 2010. Id. at 131-32.

In late November, Brown began experiencing severe pain and swelling in his right arm. Id. at 136-37. Brown does not recall the exact date that the pain began, but he submitted a "sick call slip - medical request" on December 1, 2010 which indicated that the pain began three (3) days earlier.[2] See Doc. 46-9.

On December 3, 2010, Brown was seen by Nurse Brummett, a staff nurse with SHP. Id. She noted that Brown had a yellow bruise on his right arm and he rated the pain he was experiencing at a nine (9) out of ten (10). Id. Over the next two weeks, the pain and swelling continued to increase, resulting in bruising down Brown's right arm and chest. See Brown Depo. - Vol. 2 at 44-58. Additionally, Brown intermittently lost ...


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