United States District Court, W.D. Kentucky, Owensboro Division
JUDGE, JOSEPH H. MCKINLEY, JR.
MEMORANDUM OPINION AND ORDER
BRENT BRENNENSTUHL, UNITED STATES MAGISTRATE JUDGE
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.
of the Case
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).
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).
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.).
Motion to Amend the Complaint
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.
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