Sherley v. Thompson

Citations: 69 F. Supp. 3d 656; 2014 U.S. Dist. LEXIS 165031; 2014 WL 6673903Docket: Civil Action No. 4:14CV-P63-M

Court: District Court, W.D. Kentucky; November 23, 2014; Federal District Court

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The Court is reviewing Plaintiff Frank R. Sherley’s pro se complaint under 28 U.S.C. 1915A. Sherley, a convicted inmate at the Little Sandy Correctional Complex, has filed suit under 42 U.S.C. 1983 against several officials from the Green River Correctional Complex (GRCC) and CorrectCare Solutions, seeking monetary and punitive damages. 

Sherley raises three primary claims:

1. **Eighth Amendment Violation (Conditions of Confinement)**: Sherley reports a pest issue in his cell (ants) from July 1 to July 17, 2013. He communicated the problem to Defendant Yates and later to Defendant Jenkins but received no immediate action, with the issue only resolved by July 23, 2013.

2. **Eighth Amendment Violation (Denial of Medical Treatment)**: After suffering from ant bites, Sherley sought medical help on July 21 and was seen by Nurse Harkins on July 24. He claims the treatment was inadequate and cursory. Despite his inability to pay for prescribed medications, Harkins refused further treatment until Sherley was classified as indigent. Sherley also implicates the Medical Director and CorrectCare for inadequate training and oversight.

3. **Equal Protection Claim**: Sherley alleges racial discrimination when he requested a cell transfer due to the pest issue. Defendants Jenkins and Yates reportedly denied his request, citing a custom that prevents housing black and non-black inmates together unless a contract is signed. Sherley claims Warden Brown is liable for Eighth and Fourteenth Amendment violations for not addressing these grievances.

The Court will allow some claims to proceed while dismissing others.

Plaintiff alleges that Defendant Commissioner Thompson violated the Eighth Amendment by agreeing with Warden Alan Brown's ruling on a grievance, and also violated the Fourteenth Amendment. The court must review the case under 28 U.S.C. § 1915A, which requires dismissal of complaints that are frivolous, malicious, fail to state a claim, or seek monetary relief from immune defendants. A claim is deemed frivolous if it lacks any legal or factual basis. To avoid dismissal for failure to state a claim, a complaint must present sufficient factual content that suggests a plausible claim for relief. The court must view the complaint favorably towards the plaintiff and accept well-pleaded facts as true, while dismissing mere labels or unsupported assertions.

Regarding state defendants in their official capacities, any damages claims are barred because state officials are not considered "persons" under § 1983 and are protected by the Eleventh Amendment. Therefore, such claims will be dismissed for failure to state a claim and for seeking relief from immune defendants. Additionally, Plaintiff's attempts to hold Commissioner Thompson and the GRCC Medical Director liable based solely on their supervisory roles are unsuccessful, as the doctrine of respondeat superior does not apply in § 1983 actions.

Simple awareness of employee misconduct does not establish supervisor liability; personal involvement is necessary for a supervisor to face liability. A plaintiff must demonstrate that each government official defendant violated the Constitution through their own actions, as established in relevant case law. The plaintiff did not allege direct involvement of Defendants Commissioner Thompson or the Medical Director in the misconduct. Merely agreeing with a grievance decision does not imply liability, as claims should be directed at those directly responsible for the alleged wrongdoing. The denial of grievances or failure to act by prison officials does not incur liability under Section 1983. 

The court will dismiss claims against Commissioner Thompson and the GRCC Medical Director for lack of a valid basis for relief. However, the court permits an equal-protection claim to proceed against Defendants Warden Brown and Unit Administrators Jenkins and Yates based on allegations of racial segregation in housing. 

Additionally, the court allows an Eighth Amendment claim regarding conditions of confinement to proceed against Jenkins and Yates due to allegations of an ant infestation causing harm to the plaintiff. A claim of denial of medical treatment for ant bites will also proceed against Nurse Harkins and CorrectCare, contingent on establishing a policy or custom leading to liability. The court dismisses the claim against Warden Brown regarding medical treatment because it is based solely on grievance denial, which does not constitute a constitutional violation.

Claims against Defendants Warden Brown and Unit Administrators Jenkins and Yates regarding Fourteenth Amendment equal protection, as well as Eighth Amendment claims concerning conditions of confinement and denial of medical treatment against Nurse Harkins and CorrectCare Solutions, are permitted to proceed beyond initial review. The Court does not express any opinion on the merits of these claims. All other claims have been dismissed under 28 U.S.C. 1915A(b)(1) and (b)(2) for failing to state a claim or for seeking relief from immune defendants. Defendants LaDonna Thompson and the GRCC Medical Director are to be removed from the case. The status of Nurse Harkins as either a state employee or a CorrectCare employee is unclear; if he is a state employee, official-capacity claims against him will be dismissed, and if he is a CorrectCare employee, those claims will be considered redundant. The Court plans to clarify with KDOC counsel whether CorrectCare Solutions was the relevant healthcare provider during the pertinent timeframe. A separate Scheduling Order will be issued for the ongoing claims.