WILLIAM J. BRAMBLE, JR., ET AL., Plaintiffs,
CAMPBELL COUNTY, KENTUCKY, ET AL., Defendants.
MEMORANDUM OPINION AND ORDER
WILLIAM O. BERTELSMAN, District Judge.
This is an action by former detainees at the Campbell County Detention Center (CCDC) against the jail, and against Southern Health Partners (SHP), alleging cruel and unusual punishment in violation of the 5th, 8th, and 14th Amendment and plaintiffs' civil rights under 42 U.S.C. § 1983. Plaintiffs also allege various state law claims.
This matter is before the Court on the motion of the Campbell County defendants for summary judgment as to plaintiff, Martha Camacho (Doc. 69), and the motion for partial summary judgment of Southern Health Partners, as to plaintiff, Martha Camacho (Doc. 70).
Having reviewed the parties' briefs, the Court concludes that oral argument is unnecessary to the resolution of these motions. The Court therefore issues the following Memorandum Opinion and Order.
A. Facts Common to All Claims
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. (Holt, Doc. 132 Ex. 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.
Plaintiffs filed this case on August 27, 2010, as a proposed class action. (Doc. 1). On September 24, 2010, plaintiffs filed a Second Amended Class Action Complaint, which is the operative complaint herein. (Doc. 5). Plaintiffs allege that they were denied medical attention for their serious medical needs in violation of their 5th, 8th and 14th Amendment rights. (Doc. 5 ¶ 16, ¶¶ 366-69). Plaintiffs also allege Kentucky statutory claims (Id. at ¶¶ 370-71), negligent or intentional infliction of emotional distress (Id. at ¶¶ 372-73), negligence (Id. at ¶¶ 374-75), loss of consortium (Id. at ¶¶ 376-77), and wrongful death (Id. at ¶¶ 378-79).
On March 25, 2011, the parties stipulated to dismissal of plaintiffs' class action allegations. (Doc. 28). Discovery ensued and, after numerous extensions, the pending motions for summary judgment were filed and briefed.
B. Plaintiff Martha Camacho
Martha Camacho ("Camacho") was incarcerated at the CCDC from June 21, 2010 at approximately 10:59 a.m. to June 25, 2010 at approximately 12:34 a.m. (Doc. 69 Ex. 3, 8).
Camacho told the booking officer when admitted to the CCDC that she had no medical conditions for which she required treatment or medication. (Doc. 69 Ex. 4).
On June 22, 2010, Camacho said she had pain near her left breast and when she inspected the area, she found a red mark. (Doc. 70 Ex. 2 p. 64, 65). Camacho says she showed a deputy, who said she looked fine and that it would take a week to see a nurse if she put in a request. (Id. at 64.)
On June 23, 2010, the injury grew "double the size" and caused Camacho more pain. (Id.) She then requested to see a nurse from an unnamed officer, who replied ...