United States District Court, E.D. Kentucky, Northern Division, Ashland
KELLY DISHMAN, Individually and as Administratrix of the Estate of EDWIN DISHMAN,
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
B. Wilhoit. Jr. United States District Judge
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.
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.
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.
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.
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.
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").
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.
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
Q. History of suicide attempts?
Q. Being treated, currently, for any Mental Health Problems?
Q. History of inpatient/outpatient psychiatric treatment?
Q. Any history of sexual-victimization or sexually predatory
Id. at ¶31.
the disposition portion of the form, LPN Dye reported,
"[Dishman] presents as capable of functioning in general
population without mental health services." Id.
weeks after the transfer, on September 7, 2016, Dishman
attempted suicide by hanging in a dorm bathroom. Id.
at ¶ 32. Although health care providers were ultimately
able to resuscitate him, his injuries were such that he was
removed from life ...