United States District Court, W.D. Kentucky, Louisville
MEMORANDUM OPINION AND ORDER
H. McKinley, Jr., Chief Judge United States District Court
James Bradley Buckles, a convicted inmate at the Hardin
County Detention Center (HCDC), filed the instant pro
se 42 U.S.C. § 1983 action proceeding in forma
pauperis. This matter is before the Court on initial
review of the complaint pursuant to 28 U.S.C. § 1915A.
For the reasons stated below, the Court will dismiss some
claims and allow others to proceed for further development.
sues Stacy Jensen, whom Plaintiff identifies as an APRN,
which the Court presumes is an Advance Practice Registered
Nurse, employed by Southern Health Partners; and Danny Allen,
the HCDC Jailer. He sues Jenson in her individual and
official capacities and Allen in his official capacity only.
alleges violations of the Eighth Amendment's Cruel and
Unusual Punishments Clause. He states that from October 2016
to the present Jensen “refused to treat (previously and
currently documented) complex migrains which resulted in
prolonged pain and suffering.” He states, “This
has happened several times. I was treated for these migrains
before incarceration.  Last instance was on or about
2-1-17.” Plaintiff also maintains that from July 2016
to the present Jenson “refused to treat on going
symtems of my HIV (such as lesions in adomion area, joint
inflamation) causing prolonged pain and suffering.”
Plaintiff asserts, “I am treated by Dr. Bill Briggs of
the wings clinic at the University of Louisville Hospital.
Dr. Briggs has issued several orders that Ms Jenson has never
follow resulting in syemtems of my HIV worsening.” He
also states, “Dr. Brigg's issued a order for my
Hep. C prevention shots in Aug 2016 which I did not receive
till Dec 2016 after my person had been expoused to
relief, Plaintiff seeks compensatory and punitive damages.
prisoner initiates a civil action seeking redress from a
governmental entity, officer, or employee, the trial court
must review the complaint and dismiss the complaint, or any
portion of it, if the court determines that the complaint 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
601, 604 (6th Cir. 1997), overruled on other grounds by
Jones v. Bock, 549 U.S. 199 (2007).
order to survive dismissal for failure to state a claim,
“a complaint must contain sufficient factual matter,
accepted as true, to ‘state a claim to relief that is
plausible on its face.'” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A
claim has facial plausibility when the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Id. (citing Twombly, 550
U.S. at 556). “[A] district court must (1) view the
complaint in the light most favorable to the plaintiff and
(2) take all well-pleaded factual allegations as true.”
Tackett v. M & G Polymers, USA, LLC, 561 F.3d
478, 488 (6th Cir. 2009) (citing Gunasekera v.
Irwin, 551 F.3d 461, 466 (6th Cir. 2009) (citations
omitted)). “But the district court need not accept a
‘bare assertion of legal conclusions.'”
Tackett, 561 F.3d at 488 (quoting Columbia
Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th
Cir. 1995)). “A pleading that offers ‘labels and
conclusions' or ‘a formulaic recitation of the
elements of a cause of action will not do.' Nor does a
complaint suffice if it tenders ‘naked
assertion[s]' devoid of ‘further factual
enhancement.'” Iqbal, 556 U.S. at 678
(quoting Twombly, 550 U.S. at 555, 557).
Court construes the complaint as alleging 42 U.S.C. §
1983 claims of deliberate indifference to serious medical
needs in violation of the Eighth Amendment.
sues Allen in his official capacity only.
“Official-capacity suits . . . ‘generally
represent  another way of pleading an action against an
entity of which an officer is an agent.'”
Kentucky v. Graham, 473 U.S. 159, 165 (1985)
(quoting Monell v. New York City Dep't of Soc.
Servs., 436 U.S. 658, 690 n.55 (1978)). Suing employees
in their official capacities is the equivalent of suing their
employer. Lambert v. Hartman, 517 F.3d 433, 439-40
(6th Cir. 2008); Matthews v. Jones, 35 F.3d 1046,
1049 (6th Cir. 1994); Smallwood v. Jefferson Cty.
Gov't, 743 F.Supp. 502, 503 (W.D. Ky. 1990).
Therefore, the Court construes Plaintiff's
official-capacity claim against Allen as brought against his
employer, Hardin County.
§ 1983 claim is made against a municipality, this Court
must analyze two distinct issues: (1) whether Plaintiff's
harm was caused by a constitutional violation; and (2) if so,
whether the municipality is responsible for that violation.
Collins v. City of Harker Heights, Tex., 503 U.S.
115, 120 (1992). The Court will first address the ...