Carrier v. Robison et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
CHRISTOPHER MARK CARRIER
V. 	CASE NO. 5:23-CV-5133
FLINT JUNOD, Chief Executive Officer
of Turn Key Health Clinics, LLC;
HEAD NURSE TRACEY ROBISON,
Turn Key Health Clinics, LLC;
SHERIFF SHAWN HOLLOWAY,
Benton County, Arkansas;
OFFICER COLLER, Benton County
Detention Center (BCDC);
BENTON COUNTY, ARKANSAS;
HEATHER LOVELADY;
TURN KEY HEALTH CLINICS, LLC;
OFFICER JOHN DOE 1-10;
NURSE JANE DOE 1-4;
and JENNIFER BLAKELY
ORDER
PLAINTIFF
DEFENDANTS
Now before the Court is the Report and Recommendation (''R&R") (Doc. 23) of
the Honorable Mark E. Ford , United States Magistrate Judge for the Western District of
Arkansas, who conducted a preservice screening of the Second Amended Complaint
(Doc. 14) pursuant to 28 U.S.C. § 1915A. The R&R summarizes the claims as follows :
(1) a claim against Benton County, Sheriff Holloway, Nurse Robison ,
Transport Officer John Doe, Detention Officers John Doe 1-4, Turn
Key Medical, and Flint Junod for violating the jail's policies against
transporting inmates with COVID-19 and allowing inmates who test
positive for COVID- 19 to be housed in general population ;
(2) a claim against Benton County, Sheriff Holloway, Nurse Robison ,
Flint 	Junod , 	Turn 	Key 	Health, 	Officer 	Coller, 	Heather 	Lovelady,
Jennifer Blakely, Officers John Doe 1-10 , Nurses Jane Doe 1-4 , and
Megan Rutledge for deliberate indifference relating to a leg injury and
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subsequent infection that Plaintiff Christopher Mark Carrier suffered
while he was incarcerated in the Benton County Detention Center;
(3) a claim against Benton County, Sheriff Holloway, Flint Junod , Turn
Key Medical, Nurse Robison , Nurses Jane Doe 1-4 , and Officers John
Doe 1-6 related to these Defendants' alleged failure to provide Mr.
Carrier with adequate post-surgery care for his leg ; and
(4) a claim against Sheriff Holloway, Flint Junod , Turn Key Medical,
Heather Lovelady, Officer Coller, Jennifer Blakely, Officers John Doe
1-10 , and 	Nurses Jane Doe 	1-6 for failing 	to supervise and train
officers as to how to care for sick inmates.
The Magistrate Judge recommends dismissing all claims against Defendants
Colle r, 	Blakely, 	and 	Lovelady; 	all 	individual-capacity 	claims 	against 	Defendants
Holloway and Junod; and all official-capacity claims against Defendant Robison. 	On
October 27 , 2032 , Mr. Carrier filed Objections to the R&R (Doc. 29) , and on November
3, Defendants Junod and Robison filed Objections (Doc. 30) . The Court then undertook
a de nova review of the record pu rsuant to 28 U.S.C. § 636(b)(1 )(C) , paying particular
attention to those issues that drew objection .
Mr. Carrier objects to 	dismissing 	Defendants 	Coller and 	Lovelady from 	the
lawsuit. 	He argues that they had an obligation to "dial 9-1-1 " or otherwise report the fact
that his leg injury was worsening and that the antibiotics he was being administered at
the jail had no effect. 	(Doc. 29 , p. 1). He further claims that these Defendants had first-
hand 	knowledge 	of 	the 	extent 	of 	his 	injury 	because 	they 	viewed 	his 	leg , 	took
photographs of it, and commented aloud that it looked "nasty ." Id.
Having reviewed the Second Amended Complaint carefully, the Court finds it
does not contain the factual allegations that Mr. Carrier claims. 	The Second Amended
Complaint only alleges that Defendant Coller failed to provide Mr. Carrier with a clean
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uniform and 	bandages on 	one occasion . 	As for Defendant Lovelady, the 	Second
Amended Complaint only asserts that she failed to provide Mr. Carrier with a HIPPA
waiver. See Doc. 14 , p. 8. The facts in the Second Amended Complaint are insufficient
to 	state 	any 	plausible 	legal 	claim 	against 	either 	Defendant 	Coller 	or 	Defendant
Lovelady. 	Accordingly, Mr. Carrier's Objections are OVERRULED . 	With that said ,
however, Defendants Coller and 	Lovelady will be dismissed from the case 	without
prejudice to Mr. Carrier's ability to file an amended pleading-with leave of Court-that
asserts more facts.
As for Defendant Junod , he objects to the Magistrate Judge's recommendation
that he be required to remain a party to the lawsuit until after Turn Key Medical has
responded to the Second Amended Complaint. 	Mr. Junod protests that since no valid
individual-capacity claims have been stated against him, there is no valid legal reason
for him to remain a party to the lawsuit-even the short time it will take for Turn Key to
be served and file a response . 	The Court agrees with Mr. Junod and SUSTAINS his
Objection . He is subject to immediate dismissal.
Finally, Defendant Robison argues that she should be dismissed because Mr.
Carrier failed to specify what medical treatment she gave him (or failed to give) while he
was incarcerated in the Benton County Detention Center. 	The Court agrees with the
Magistrate Judge that a plausible individual-capacity claim has been stated against
Nurse Robison . 	Her Objection is therefore OVERRULED .
Accordingly, IT IS ORDERED that the R&R is ADOPTED , save and except for
the Court's ruling as to Mr. Junod , as noted above. All claims against Defendants Coller,
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Blakely, Lovelady, and Junod are DISMISSED WITHOUT PREJUDICE for failure to
state a claim . The Clerk is directed to TERMINATE these Defendants as parties .
IT IS FURTHER ORDERED that all individual-capacity claims against Sheriff
Holloway and all official-capacity claims against Defendant Robison are DISMISSED
WITHOUT PREJUDICE . Turn Key Medical will respond to Mr. Carrier's official-capacity
claims concerning his medical treatment~
IT IS SO ORDERED on this ~ day of Nave
KS
S DISTRICT JUDGE
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