5:24-cv-05076•Ralston v. Cantrell
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1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JONATHAN WAYNE RALSTON PLAINTIFF v. Civil No. 5:24-cv-05076-TLB-CDC SHERIFF JAY CANTRELL, Washington County, Arkansas; DR. ROBERT KARAS, Karas Correctional Health (KCH); DUSTIN SANDERS, KCH; JOHN OR JANE DOE STAFF MEMBERS, KCH; JORDAN PREVERAS, KCH; JACOB SMOTHERS, KCH; and NURSE KELLY HINELY, KCH DEFENDANTS REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE Plaintiff, Jonathan W. Ralston (“Ralston”), filed this civil rights action under 42 U.S.C. § 1983. Ralston proceeds pro se and in forma pauperis (“IFP”). Ralston is incarcerated in the Ouachita River Correctional Unit of the Arkansas Division of Correction. The claims at issue in this case arose while Ralston was incarcerated in the Washington County Detention Center (“WCDC”). While housed at the WCDC, Ralston maintains his constitutional rights were violated when he fell on two separate occasions due to water leaking from toilets. He further contends he was denied adequate medical care for his injuries. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3), the Honorable Timothy L. Brooks, United States District Judge, referred this case to the undersigned for the purpose of making this Report and Recommendation on the Motion to Dismiss filed by Separate Defendants Karas, Sanders, Preveras, Smothers, Hinely, and John or Jane Doe Staff Members (collectively Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 1 of 12 PageID #: <pageID>
2 “the Medical Defendants”). (ECF No. 33). Ralston has responded, (ECF No. 46) and the Motion is ready for decision. I. BACKGROUND By Order entered on October 4, 2024, Ralston was given permission to substitute Dr. Robert Karas in place of John Karas. (ECF No. 29). At that time, Ralston was given explicit instructions on what an Amended Complaint must contain: He was told he must write short, plain statements telling the Court (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff=s constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendant=s conduct. Id. He was advised he must repeat this process for each person he has named as a Defendant. Id. Ralston was also cautioned that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered, and warned that if he failed to so, allegations against that Defendant would be dismissed for failure to state a claim. Id. The Court advised Ralston that the First Amended Complaint supersedes, or takes the place of, the original Complaint. Id. Ralston filed his Amended Complaint on October 31, 2024. (ECF No. 30). In addition to substituting Robert Karas in place of John Karas, Ralston omitted Karas Correctional Health as a Defendant, and added Defendants Preveras, Smothers, and Hinely. Id. Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 2 of 12 PageID #: <pageID>
3 Claim One of Plaintiff’s Amended Complaint is against Defendant Cantrell. (ECF No. 30, at 6).0F 1 Ralston alleges that on April 5, 2023, he fell and injured his right hand. Ralston attributes the fall to the toilets leaking water onto the floor. Id. Prior to his fall, Ralston maintains he had submitted several requests for the jail to investigate this problem and get it fixed. Id. Ralston asserts he is “put at risk everyday of getting sick or hurt [due] to the over population or [due] to the toilets leaking water onto the floor.” Id. Ralston states his hand is still hurting him as of October 31, 2024, when he filed the Amended Complaint. Id. at 7. Ralston further alleges that on March 6, 2024, he fell again due to toilets leaking in the pod. (ECF No. 30 at 7). Ralston complains of over population, having to sleep on the floor on a 3-inch-thick mat, leaking toilets, mold, the leaking walls, the ventilation system needing cleaning, not getting outside exercise, and of the sanitary conditions. Id. Ralston also indicated that inside the lock-down cells there is no way to get help in an emergency other than kicking the door which could cause injury to his foot. Id. Ralston sued Defendant Cantrell in both his individual and official capacities. Id. at 6. In Claim Two, Ralston alleges a denial of medical care claim against the Medical Defendants. (ECF No. 30 at 8). The claim concerns the medical care he received following both falls. Id. at 9. Additionally, Ralston asserts he is not receiving proper mental health treatment for his bi-polar disorder or for Post Traumatic Stress Disorder (PTSD). Id. at 10. 1 The Amended Complaint became the operative pleading. See e.g., In re Atlas Van Lines, Inc., 209 F.3d 1064, 1067 (8th Cir. 2000) (amended complaint ordinarily supersedes original complaint and renders it without legal effect). Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 3 of 12 PageID #: <pageID>
4 Ralston alleges Defendant Karas is responsible for the medical neglect of his staff, for not properly doing his job as a doctor to ensure Ralston is receiving appropriate medical care, for neglecting his responsibilities to Ralston, and for failing to ensure the proper tests were done on Ralston. (ECF No. 30 at 8). Ralston indicates he has asked to be seen by another doctor but was told no. Id. Next, Ralston alleges the entire medical staff is responsible for his medical care. (ECF No. 30 at 9). When he fell and hurt his hand on April 5, 2023, Ralston says it took them days before they x-rayed it and then he was told it was not broken. Id. Ralston asked for additional x-rays and another doctor’s opinion because his hand is still causing him problems. Id. Ralston says he has broken his hands before and saw the x-rays on them and knew when his hand was broken. Id. Ralston asserts that “[a]ll staff keep putting me off” regarding his hand. Id. On March 6, 2024, Ralston indicates he fell again and hurt the back side of his left hip. (ECF No. 30 at 9). Ralston put in a sick call slip and “when the staff of Karas Correctional Health (“KCH”) came to see me they said it was a sciatica nerve even though I told them my hip hurt and it was pop[p]ing ever[y] time I walk.” Id. Ralston says it took twenty-days to get an x-ray and then only a front shot of his hip was taken despite his having told “them” that he fell on the backside of his hip. Id. As of the writing of the Amended Complaint, Ralston says his hip pops and hurts when he sleeps, walks, or tries to exercise it. Id. He indicates “they” gave him exercises to do but they make his hip hurt worse. Id. at 9-10. Every time he puts in a medical request “they tell me its (sic) sent to provider for review or I’m told that I’m on sick call and they would come see me or just put me off.” Id. at 10. At times, Ralston says he has “they” have put him on Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 4 of 12 PageID #: <pageID>
5 medication that does not help his medical problem and when he complains, he is simply taken off it and no effort made to try something else. Id. Right now, Ralston says “they have me on pain killers for my hip” but don’t try to determine what is really going on with his hip. Id. Ralston indicates he has informed them of medication he needs for his bi-polar and PTSD but “they will not get me the medication I need to be on for this.” (ECF No. 30 at 10). He asserts that KCH staff has not shown any indication that they would do anything he has requested of them or help him medically. Id. Ralston has sued the Medical Defendants in both their individual and official capacities. Id. at 11. As relief, Ralston seeks compensatory and punitive damages. (ECF No. 30 at 13). He asks that the Defendants be required to pay for his future medical problems caused by his injuries. Id. Ralston asks that Defendants be fired because of their putting his health and safety at risk, for their neglect, for their inhumane treatment of him, and for their misconduct. Id. Finally, he asks for another doctor to look at his hand and hip. Id. II. LEGAL STANDARD To survive a motion to dismiss pursuant to Rule 12(b)(6) for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)); Fed. R. Civ. P. 12(b)(6); see also Fed. R. Civ. P. 8(a) (requiring a “short and plain statement of the claim showing that the pleader is entitled to relief.”). A claim is facially plausible “where the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Blomker Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 5 of 12 PageID #: <pageID>
6 v. Jewell, 831 F.3d 1051, 1055 (8th Cir. 2016) (quotation omitted). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678. The Court accepts as true all the factual allegations, “even if doubtful.” Twombly, 550 U.S. at 555. Thus, “a well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable, and ‘that a recovery is very remote and unlikely.’” Twombly, 550 U.S. at 555 (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)). II. DISCUSSION The Medical Defendants have moved to dismiss the claims against them. First, they assert the Amended Complaint did not comply with the Court’s Order. Second, they argue the Amended Complaint fails to allege plausible claims against each of them in their individual capacities as is required by Rule 12(b)(6) and § 1983. Finally, they maintain no plausible official capacity claims have been stated. Understandably, Ralston opposes the Motion arguing the medical staff has exhibited deliberate indifference to his serious medical needs regarding his hand, hip, and mental health. Ralston’s objections recite many of the facts regarding his injuries on April 5, 2023, and March 6, 2024. A. Compliance with the Court’s Order The Court agrees Ralston failed to follow the explicit directions contained in the Order granting him permission to file the Amended Complaint. (ECF No. 29). Ralston failed to allege how each separate Medical Defendant personally violated his federal constitutional rights. Ralston has also failed to allege a causal link between the actions of each separate Medical Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 6 of 12 PageID #: <pageID>
7 Defendant with the violation of his constitutional rights. However, Ralston’s failure to comply with the Order does not necessitate dismissal.1F 2 Rather, the Court must view the Amended Complaint through the lens of Rule 12(b)(6) to determine the plausibility of his claims. B. Individual Capacity Claims Because “[l]iability under § 1983 requires a causal link to, and direct responsibility for, the deprivation of rights,” Madewell v. Roberts, 909 F.3d 1203, 1208 (8th Cir. 1990) (citing Rizzo v. Goode, 423 U.S. 362, 370-71 (1976)), and each official is “personally liable only for this own misconduct,” S.M. v. Krigbaum, 808 F.3d 335, 340 (8th Cir. 2015) (citations omitted), the Court must examine the conduct of each of the Medical Defendants separately to determine whether plausible denial of medical care claims have been stated against them. To state a plausible denial of medical care claim against any individual Medical Defendant, Ralston must allege facts that, if taken as true, support a reasonable inference that (1) he had an objectively serious medical need, and (2) that each individual Medical Defendant actually knew of, but deliberately disregarded, that serious medical need.2F 3 Ivey v. Audrain Cty., 968 F.3d 845, 848 (8th Cir. 2020). “A serious medical need is one that has been diagnosed by a physician as requiring treatment, or one that is so obvious that even a layperson would easily recognize the necessity for a doctor’s attention.” Coleman v. Rahija, 114 F.3d 778, 784 (8th Cir. 1997) (internal quotations omitted). “To demonstrate that a defendant actually knew of, but deliberately 2 No motion to strike the Amended Complaint was filed. 3 Ralston was in convicted status. (ECF No. 30 at 2). Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 7 of 12 PageID #: <pageID>
8 disregarded, a serious medical need, the plaintiff must establish a mental state akin to criminal recklessness: disregarding a known risk to the [detainee’s] health.” Barton v. Taber, 908 F.3d 1119, 1124 (8th Cir. 2018) (internal quotation marks and citations omitted). The Eighth Circuit has stated that this “onerous standard requires a showing more than negligence, more than even gross negligence, but less that purposefully causing or knowingly bringing about a substantial risk of serious harm to the inmate.” Thompson v. King, 730 F.3d 742, 747 (8th Cir. 2013) (internal quotations and citations omitted). In his Amended Complaint, Ralston has failed to set forth factual allegations regarding the actions of each individual Medical Defendant. Instead, he refers to the Medical Defendants only as a unit using terms like they, them, and the staff. The only individual Medical Defendant Ralston refers to by name in the statement of his claims is Defendant Karas. Even then, Ralston uses broad terminology and alleges Defendant Karas is liable for the conduct of his staff. Ralston mentions no specific conduct on the part of Defendant Karas. While it is clear Ralston disagrees with the course of treatment he received, prisoners “have no right to receive a particular or requested course of treatment.” Barr v. Pearson, 909 F.3d 919, 921 (8th Cir. 2018). In short, the Court agrees with the Medical Defendants that the Amended Complaint fails to allege what any individual Medical Defendant did or failed to do that violated Ralston’s constitutional claims. No plausible individual liability claims are stated. Further, to the extent Ralston seeks to hold Defendant Karas liable for the conduct of his staff, vicarious liability is inapplicable to § 1983 cases. Iqbal, 556 U.S. at 677. The Medical Defendant are entitled to dismissal of the individual capacity claims for failure to state plausible claims. Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 8 of 12 PageID #: <pageID>
9 C. Official Capacity Claims “A suit against a government official in his or her official capacity is another way of pleading an action against an entity of which the officer is an agent.” Baker v. Chisom, 501 F.3d 920, 925 (8th Cir. 2007) (citing Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 n.55 (1978)). The principles set forth in Monell apply to medical care contractors. See e.g., Johnson v. Hamilton, 453 F.3d 967, 973 (8th Cir. 2006). An official capacity claim against the Medical Defendants is one against KCH. The Medical Defendants argue that because there are no plausible individual liability claims asserted, there can be no official capacity liability. However, the Eighth Circuit “has long held that a municipality may be held liable for its unconstitutional policy or custom even when no official has been found personally liable for his conduct under the policy or custom.” Webb v. City of Maplewood, 889 F.3d 483, 486 (8th Cir. 2018). With this principle in mind, the Court turns to an evaluation of whether there are any plausible official capacity claims asserted. “Section 1983 liability for a constitutional violation may attach to a municipality [or to a medical care contractor] if the violation resulted from (1) an ‘official municipal [or corporate] policy,’ (2) an unofficial ‘custom,’ or (3) a deliberately indifferent failure to train or supervise.” Corwin v. City of Indep., Mo., 829 F.3d 695, 699 (8th Cir. 2016) (citations omitted). A policy is an official policy, a deliberate choice of a guiding principle or procedure made by the municipal official who has final authority regarding such matters.” Mettler v. Whitledge, 165 F.3d 1197, 1204 (8th Cir. 1999). The next method of establishing municipal liability is through the existence of an unofficial custom. Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 9 of 12 PageID #: <pageID>
10 [A] plaintiff may establish municipal liability through an unofficial custom of the municipality by demonstrating (1) the existence of a continuing, widespread, persistent pattern of unconstitutional misconduct by the governmental entity’s employees; (2) deliberate indifference to or tacit authorization of such conduct by the governmental entity’s policymaking officials after notice to the officials of that misconduct; and (3) that plaintiff was injured by acts pursuant to the governmental entity’s custom, i.e., that the custom was a moving force behind the constitutional violation. Corwin, 829 F.3d at 700 (citation and internal quotation marks omitted). KCH may be subject to liability for the inadequate training of its employees where: “(1) [KCH’s] . . . training practices [were] inadequate; (2) [KCH] was deliberately indifferent to the rights of others in adopting them, such that the failure to train reflects a deliberate or conscious choice by [KCH]; and (3) an alleged deficiency in the . . . training procedures actually caused the plaintiff’s injury.” Parrish v. Ball, 594 F.3d 993, 997 (8th Cir. 2010) (citation and internal quotation marks omitted). The final theory of liability is failure to supervise. Failure to supervise claims “ultimately require the same analysis” as failure to train claims. Liebe v. Norton, 157 F.3d 574, 579 (8th Cir. 1998). “[A] failure to supervise claim ‘may be maintained only if a defendant demonstrated deliberate indifference or tacit authorization of the offensive acts.’” Id. (quoting White v. Holmes, 21 F.3d 277, 280 (8th Cir. 1994) (internal quotation marks omitted)). Thus, the question is whether “the need for more or different [supervision was] so obvious and the inadequacy so likely to result in the violation of constitutional rights that [KCH] . . . can reasonably be said to have been deliberately indifferent.” City of Canton, Ohio v. Harris, 489 U.S. 378, 390 (1989). Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 10 of 12 PageID #: <pageID>
11 In the Amended Complaint where Ralston was asked to describe the custom, policy, or widespread practice that he believes has violated his federal constitutional rights, Ralston responded: “In violation of my constitutional rights as a pat[i]ent and right to be properly cared for medic[al]ly. My rights are being violated because of medical neglect.” (ECF No. 30 at 11). These allegations fall short of asserting any basis on which to hold KCH liable. Ralston has pointed to no official policy or identified any continuing, widespread, persistent pattern of unconstitutional conduct. He has not alleged a pattern of similar constitutional violations as is ordinarily required to establish deliberate indifference for failure to train or supervise. The Medical Defendants are entitled to dismissal of the official capacity liability claims. III. CONCLUSON For these reasons, it is recommended that the Motion to Dismiss (ECF No. 33) filed by Separate Defendants Karas, Sanders, Preveras, Smothers, Hinely, and the John or Jane Doe Staff Members be GRANTED, and each of them terminated as Defendants. The parties have fourteen days from receipt of the Report and Recommendation in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The parties are reminded that objections must be both timely and specific to trigger de novo review by the district court. Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 11 of 12 PageID #: <pageID>
12 Status of Referral: The referral terminates upon the filing of this Report and Recommendation. RECOMMENDED this 19th day of March 2025. ___________________________________ CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE Case 5:24-cv-05076-TLB Document 49 Filed 03/19/25 Page 12 of 12 PageID #: <pageID>
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