United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUM OPINION AND ORDER
M. Hood Senior U.S. District Judge.
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.
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].
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].
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].
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
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].
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].
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].
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].
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
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
Caviness sues the Lexington-Fayette Urban County Government
(LFUCG) and claims simply that “LFUCG employs ...