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Caviness v. Lexington-Fayette Urban County Government

United States District Court, E.D. Kentucky, Central Division, Lexington

July 17, 2018

DAVID ATREYEL CAVINESS, Plaintiff,
v.
LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, ET AL., Defendants.

          MEMORANDUM OPINION AND ORDER

          Joseph M. Hood Senior U.S. District Judge.

         David Atreyel Caviness is an inmate at the Fayette County Detention Center (FCDC) in Lexington, Kentucky. Proceeding without a lawyer, Caviness filed a civil rights action with this Court pursuant to 42 U.S.C. § 1983. [R. 1]. For the reasons set forth below, the Court will dismiss this action.

         I.

         Caviness alleges that, on March 18, 2018, he slipped and fell on a wet floor at the FCDC. Caviness says that when he fell, he hit his head and also landed awkwardly, resulting in severe back pain. Caviness claims that Charge Nurse Keith Gast “briefly evaluated” him and had him “stand and take a few steps” before clearing him. Caviness claims that “no further action was taken” at that time. [R. 1 at 2].

         Caviness says that he woke up the next day with severe pain in his lower back and asked Nurse Amy Hunt if he could see the jail's medical staff. According to Caviness, Nurse Hunt told him that he “would be seen for a follow up.” [R. 1 at 2].

         Caviness, however, claims that, as of May 1, 2018, he had not been “examined more extensively or properly treated.” Caviness also says that, on that date, he filed “a grievance in reference to the non-use of wet floor signs” and because officials had not yet “followed up in regards to [his] complaint of injury and pain.” [R. 1 at 3].

         That said, Caviness alleges that, on May 15, 2018, he “was seen by Dr. Welling and Kristen Fryman, ” who allegedly denied being previously aware of Caviness's injuries. Still, Caviness says that Welling and Fryman ordered him an x-ray, which was performed by an x-ray technician. [R. 1 at 3].

         Caviness then says that, on May 23, 2018, he “was seen by Dr. Q. Moore” and, at that time, became fully aware of his injuries, including “mild facet arthropathy, bony foraminal narrowing at ¶ 5-S1, [and] possible lumbarization of S1.” Caviness suggests that another doctor then ordered him a CT scan. [R. 1 at 3].

         Finally, Caviness states that, on June 7, 2018, he asked an official whether there was “a policy in place for wet floors.” According to Caviness, that person suggested, among other things, that officers might “place signs in wet areas” or “verbally state that floors are wet.” [R. 1 at 3].

         After setting forth the foregoing allegations, Caviness lists five different defendants in his complaint, and he states a specific claim against each defendant. [R. 1 at 4].

         First, Caviness sues Correctional Officer Ryan Proctor and claims that Proctor “failed to instruct” someone else “to place wet floor signs, mop buckets, or verbally announce the condition of [the] wet floor, which directly led to my injury.” [R. 1 at 4].

         Second, Caviness sues Charge Nurse Keith Gast and claims that Gast failed to properly evaluate him. Caviness also says that Gast failed to “place me on a follow list, which led me to be denied adequate medical care for 63 days before x-ray[s], which caused my injuries to still be untreated.” [R. 1 at 4].

         Third, Caviness sues Steve Haney, the Director of the FCDC, and claims that since Haney “employs Proctor and Gast, ” he “failed to create a safe environment and follow policy put in place to protect inmates.” [R. 1 at 4].

         Fourth, Caviness sues the Lexington-Fayette Urban County Government (LFUCG) and claims simply that “LFUCG employs ...


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