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Dishman v. Correct Care Solutions, LLC

United States District Court, E.D. Kentucky, Northern Division, Ashland

June 22, 2018

KELLY DISHMAN, Individually and as Administratrix of the Estate of EDWIN DISHMAN,
v.
CORRECT CARE SOLUTIONS, LLC, GERRICA DYE, ONA BROWN, and SHARON BRAMEL, DEFENDANTS. and A.D., a minor child by and through Custodian and Next Friend MARY DISHMAN, PLAINTIFFS,

          MEMORANDUM OPINION AND ORDER

          Henry B. Wilhoit. Jr. United States District Judge

         This matter is before the Court upon Defendants Correct Care Solutions, LLC, Gerrica Dye, Ona Brown and Sharon Bramel's Motion to Dismiss [Docket No. 14]. The matter has been fully briefed by the parties [Docket Nos. 14-1, 18 and 19]. For the reasons set forth herein, the Court finds that the Complaint fails to state a claim upon which relief can be granted against these Defendants.

         I.

         This case arises from the suicide of Edwin Dishman while he was incarcerated at the Eastern Kentucky Correctional Complex ("EKCC"). The facts alleged in the Complaint are as follows: In 2016, Edwin Dishman was remanded to custody in connection with a state imposed criminal sentence. [Complaint, Docket No. 1, ¶ 20]. He was initially housed at Roederer Correctional Complex ("RCC"), an adult prison facility operated by the Kentucky Department of Corrections ("KDOC"). Id.

         As part of the classification process, Dishman completed a KDOC Mental Health Appraisal Self-Report form in March, 2016, on which he stated that he had attempted suicide in 2005 by hanging and had a history of depression and "nervous trouble." He had been the victim of physical or sexual abuse. Id. at ¶¶ 21-23.

         Less than two months later, Dishman requested behavioral health services. He notified an unidentified individual at RCC "that he has a history of PTSD and that he was struggling with open wing [housing] and would like a 2-man cell." Id. at ¶ 25.

         Two days after Dishman's request, prison authorities at RCC transferred him to a 2-man cell. Id. at ¶ 26. The next day, on May 26, 2016, he was prescribed an antidepressant, Celexa, and Benedryl. Id. at ¶ 27. Shortly thereafter, in June or early July, however, stopped taking his medications. Id. at ¶ 28.

         Dishman reported to sick call on July 7, 2016, but, again, stopped taking his medications approximately one week later. Id. at ¶ 29 (he "stopped taking his medication for a two week period prior to psychiatric services on August 1, 2016") (he "returned after stopping Celexa for two weeks").

         The following month, Dishman was transferred to KCC. Prior to his transfer, on August 23, 2016, Correct Care Solutions ("CCS") employee Sharon Bramel, LPN, prepared a Nursing Medical Assessment Transfer form and noted that Dishman was on psychotropic medications. The assessment did not include the purpose for which those medications were prescribed. Id. at ¶ 30.

         The following day, KDOC transferred Dishman to EKCC. Id. at ¶ 31. As part of the intake process at EKCC, CCS employee Gerrica Dye, LPN, asked him questions about his mental health history. She recorded his answers on a Transfers/Intake: Mental Health Screening form. Id. Included among the questions, and Mr. Dishman's responses, were:

Q. History of suicide attempts?
A. No.
Q. Being treated, currently, for any Mental Health Problems?
A. Yes
Q. History of inpatient/outpatient psychiatric treatment?
A. No.
Q. Any history of sexual-victimization or sexually predatory behavior?
A. No.

Id. at ¶31.

         Under the disposition portion of the form, LPN Dye reported, "[Dishman] presents as capable of functioning in general population without mental health services." Id.

         Two weeks after the transfer, on September 7, 2016, Dishman attempted suicide by hanging in a dorm bathroom. Id. at ΒΆ 32. Although health care providers were ultimately able to resuscitate him, his injuries were such that he was removed from life ...


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