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Moore v. Hopkins County

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

July 20, 2017

RICHARD EDWARD MOORE, III PLAINTIFF
v.
HOPKINS COUNTY, KENTUCKY, et al. DEFENDANTS

          CHIEF JUDGE, JOSEPH H. MCKINLEY, JR.

          MEMORANDUM OPINION AND ORDER

          H. BRENT BRENNENSTUHL, UNITED STATES MAGISTRATE JUDGE

         Before the Court is the Plaintiff's motion to file an amended complaint, DN 13. Defendants Hopkins County Kentucky, Jailer Joe Blue and Sergeant Carl Coy (hereinafter the “County Defendants”) have filed a response in opposition at ¶ 19. The remaining defendants have not filed a response. The Plaintiff has replied at ¶ 21. The matter stands submitted to the undersigned for ruling.

         Nature of the Case

         Plaintiff was incarcerated in the Hopkins County Jail between March 19 and June 20, 2016. He contends he suffered from a cardiac condition of which he informed the jail. He also contends he advised the jail that he suffered from an abscessed tooth. He alleges that during his incarceration he experienced cardiac emergencies but was denied medical care. He also alleges that his dental problem continued to deteriorate, but he was denied medical care for that as well. Plaintiff contends that he suffered during his incarceration and continues to suffer pain and disability as a lasting consequence (DN 1).

         With regard to the jail and jail-personnel, his original complaint named as defendants Hopkins County Kentucky, Hopkins County Jailer Joe Blue, Sergeant Carl Coy and “unknown Guards or Deputies.” With regard to jail-related medical providers, he named Advanced Correctional Healthcare, Inc., health-workers Jodi Blake, Stephanie Utley, Robin Ramburger, Cheryl Connelly, Jaclyn Gibson, Matthew Johnston and “Unknown Dental Assistants and Aides.” He also named dentist William Bryan Eades and “Unknown Doctor” (DN 1).

         Plaintiff's complaint was filed on March 17, 2017, and asserts causes of action for civil rights deprivations under 42 U.S.C. § 1983, violation of K.R.S. 71.040 relating to the care of prisoners, common-law medical negligence, intentional infliction of emotional distress (“tort of outrage”) and claims punitive damages (Id.).

         Plaintiff's Motion to Amend the Complaint

         In addition to correcting a typographical error in the original complaint, Plaintiff wishes to amend the complaint to add the following as parties:

1. Mid America Health, Inc. Plaintiff states that he has since learned that this entity contracted with Defendant Dr. Eades to provide dental services to the jail.
2. Debora Ash, R.N. Plaintiff states that he has learned Nurse Ash was employed by Advanced Correctional Healthcare, Inc., as regional nurse manager during his incarceration.
3. Deputy Jailers Jarrett Backhurst, Victoria Davenport, Tracy Griffith, James Manns, Chris Melton; Sergeants Amber Eagles, Brandon Lampton, Angela Hopper; Deputy Adam Qualls. Plaintiff states that he has learned of their involvement in the case and seeks to substitute them for the previously named “Unknown Guards or Deputies.”
4. Mathew Johnston, R.N. Plaintiff states that he has determined that Nurse Johnston “is the most professionally credentialed provider on the ACH staff” and had supervisory authority over the other ACH staff. Consequently, Plaintiff wishes to amend the claims against him to include liability for supervisory duties.

         With regard to the parties added in the amended complaint, Plaintiff asserts the allegations against them relate-back to the original complaint under Fed.R.Civ.P. 15(c) because the allegations against the new defendants arose from the same conduct set forth in the original complaint, they received notice of the action when other defendants were served, they will not be prejudiced in their defense and they should have ...


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