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Guldenschuh v. Doe

United States District Court, W.D. Kentucky, Louisville Division

May 19, 2017

JOHN DOE et al., Defendants.


          David J. Hale, Judge United States District Court

         This is a civil rights action brought by a pretrial detainee pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff Charles P. Guldenschuh leave to proceed in forma pauperis. This matter is before the Court for screening pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 594 U.S. 199 (2007). For the reasons set forth below, the action will be dismissed in part and allowed to continue in part.


         Plaintiff initiated this action on January 3, 2017, by filing a Court-supplied § 1983 complaint form (DN 1). In his complaint, Plaintiff indicated that he was bringing this action against the following unidentified individuals - John Doe, LMDC “Warden, ” in his official capacity; John Doe, LMDC doctor, in both his official and individual capacities; John Doe, “Correct Care” medical staff, in both his official and individual capacities; and Jane Doe, LMDC medical staff, in both her official and individual capacities.

         In his complaint, Plaintiff stated as follows:

My arm/elbow was broken during an altercation in Dorm 12 of [LMDC]. I requested assistance from staff and photos were taken of my right arm and my arm was x-rayed. They waited [six] days to x-ray my arm even though I complained of extreme pain and no mobility of the arm. The results of the x-ray revealed that my elbow was broken. They then wrapped it in an ace bandage and refused to take me to the hospital. After complaining for [three] weeks about pain, they took me to U of L hospital. They x-rayed my arm again and determined that my arm/elbow set improperly and had to be re-broken and reset. They had to operate on me and put pins, wires, and a rod into my arm. I suffered extreme pain due to the medical care given by the doctors of Correct Care, the [LMDC] staff.

         As relief, Plaintiff sought compensatory damages, punitive damages, and injunctive relief in the form of “providing physical therapy and repairing [his right] arm/elbow.”

         The Court conducted an initial review of Plaintiff's complaint on April 7, 2017. In that Memorandum Opinion and Order, the Court dismissed all of Plaintiff's official-capacity claims for failure to state a claim upon which relief may be granted (DN 7). As to Plaintiff's individual-capacity claims, the Court advised Plaintiff that he needed to state how each Defendant was personally involved in the alleged deliberate indifference to his serious medical need in an amended complaint. The Court further stated, in order to effect service on Defendants, Plaintiff would have to provide identifying information for each Defendant, e.g., each Defendant's first and/or last name, the shift and/or unit where the Defendant worked, and/or a physical description. Finally, the Court further instructed Plaintiff that he may be able to learn this information by requesting his medical records or grievances from LMDC and that he could attach these documents to his amended complaint.

         Plaintiff has now filed his amended complaint.


         In his amended complaint, Plaintiff adds the following Defendants to this action - Mark Bolton, LMDC Jailer, in his individual capacity; Dr. Smith, “Medical Doctor at LMDC, in both his individual and official capacity”; and “Correct Care Medical Staff.” In addition to the allegations set forth in his initial complaint, Plaintiff writes that after his elbow was reset at the University of Louisville Hospital, he was returned to the jail with instructions to have physical therapy for his arm once his cast was removed, but that “jail medical staff” have refused to provide him with such.

         Plaintiff states that Dr. Smith is the doctor at LMDC and that Mark Bolton is the “Jailer.” Plaintiff further states that he requested copies of his medical records but has not received any response. Plaintiff has attached as exhibits to his complaint the two requests he has made to LMDC for copies of his records.


         Because Plaintiff is a prisoner seeking relief against governmental entities, officers, and/or employees, this Court must review the instant action under 28 U.S.C. § 1915A. Under § 1915A, the trial court must review the complaint and dismiss the complaint, or any portion of the complaint, if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d at 604. In order to survive dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ...

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