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Fields v. Strode

United States District Court, W.D. Kentucky

January 5, 2018

THOMAS L. FIELDS PLAINTIFF
v.
JACKIE T. STRODE et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          Greg N. Stivers, Judge

         Plaintiff Thomas L. Fields, a pretrial detainee incarcerated at the Warren County Regional Jail (“WCRJ”), filed a pro se complaint pursuant to 42 U.S.C. § 1983. This matter is before the Court on initial review of the complaint pursuant to 28 U.S.C. § 1915A. For the reasons that follow, a portion of the claims will continue, and the others will be dismissed.

         I.

         As Defendants, Plaintiff names (1) WCRJ Jailer Jackie T. Strode; (2) the WCRJ; (3) Southern Health Care Provider/Southern Health Care, Inc. (“Southern Health”); (4) Commonwealth of Kentucky; (5) “The 8th Municipal Judicial Corporation”; (6) the Honorable Steve Wilson, Warren Circuit Court Judge; (7) Kori L. Beck, “Commonwealth Attorney”; and (8) Brad Kaufman, “Hired Attorney.” Plaintiff sues Defendants in their individual and official capacities. He alleges violations of the Fourth, Fifth, Sixth, Eighth, Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution and also alleges “medical malpractice and attorney malpractice.” As relief, Plaintiff seeks damages and an injunction ordering “structural statute language change.”

         In the complaint form, Plaintiff alleges as follows:

[Plaintiff was denied] medical screening at the booking and intake process to screen for pre existing contagions from HIV/AIDES tuberculosis, Hepatitis A, B, and C, Shingles, and other air born infections dieases while in general population placement on the day of March 1, 2017 A.D through the 30th day of March 2017 A.D when Petitioner complained about unexplained itchy and sores, scabbs breaking out on his body and was then and continues to be denied adequte medical diagnosis and medical treatment for the Shingles virus by deliberate indifference and wanton negligence by policy, custom, usuage and practices for discrimination against prisoners housed in the [WCRJ] . . . and no jail greivnace system remedy for this jail facilities . . . .

         In an attached handwritten complaint, Plaintiff alleges:

denial of adequate medical services and continued followed-up treatments for infectious diseases and topical skin rashs and outbreaks characterized as symtoms of the Shingles virus, while he was held in Pre-trial detention in general population at the [WCRJ], a facility that routinely does not screen, diagnose adequately or treat it's housed pre-trial detainees for infectious and contagious diseases.

         Plaintiff also asks the following question:

Does the Commonwealth of Kentucky State Government's Judicial Prosecution Process and intertwined relationship with petitioner's hired attorneys in his criminal action no# 17-CR-00048-002, give rise to a conflict of interest in denial of medical treatment violating his Fifth, Sixth, Eighth and 14th Amendment rights to counsel, due process, effective assistance of counsel and cruel and unusual punishment[?]

         Elsewhere in the handwritten complaint, Plaintiff states:

[He] maintains his merits demonstrate 5th and 6th Amendment rights violations to the right to counsel, assistance of counsel and due process where all compromised by his medical emergency incident while being held in detention and custody of the State, and the State's overbearing and overzealous inclination to exploit his civil rights and disregard the health of an accused it animusly so wishes to punish him with the greater, punitive sentence allowed for the crimes accused.

         To the complaint, Plaintiff attaches the docket sheet of Warren Circuit Court criminal action no. 17-CR-00048-002, to which his complaint cites. The docket sheet indicates that ...


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