Cundiff v. Franklin County, Ohio

District Court, S.D. Ohio·Decided July 16, 2025·No. 2:24-cv-00289·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

TIFFANY CUNDIFF,

Plaintiff, Case No. 2:24-cv-289 v. JUDGE DOUGLAS R. COLE FRANKLIN COUNTY, OHIO, et al.,

Defendants. OPINION AND ORDER Despite being validly served, Defendant Armor Correctional Health Services, Inc. (Armor Correctional), never answered or moved in response to the Amended Complaint (or the original Complaint) in this action. When the Court, through the then-assigned judge, inquired as to why that was so, (Doc. 25), Armor Correctional’s counsel responded by moving to withdraw, (Doc. 34). The Court granted that motion, (Doc. 36), but Armor Correctional never obtained new counsel. That remained true even though the Court repeatedly ordered Armor Correctional to do so and warned it of the consequences of failure to comply. (See, e.g., Doc. 37). When Armor Correctional did not heed those warnings, the Court ordered the Clerk to enter default against Defendant, (Doc. 39), which the Clerk did, (Doc. 40). Presently, Plaintiff Tiffany Cundiff asks the Court to enter default judgment against Armor Correctional in an amount to be established at an evidentiary hearing, which she also requests. (Doc. 41). As explained below, the Court GRANTS Plaintiff’s Motion for Default Judgment Against Defendant Armor Correctional Health Services, Inc. (Doc. 41), and will set a hearing in this matter to determine damages. BACKGROUND1 This case begins with a tragedy—Talent Bradley died by suicide on December 27, 2021, while he was incarcerated as a pretrial detainee at the Franklin County

Correctional Center (FCCC). (Am. Compl., Doc. 6, #132, 139–41). Plaintiff Tiffany Cundiff, who is the Administrator of Bradley’s estate, sued several institutional and individual defendants alleging violations of Bradley’s constitutional rights under 42 U.S.C. § 1983 and also pressing a state-law wrongful death claim. (See id. at #133– 38, 141–49). But only a single Defendant—Armor Correctional—concerns the Court today.2 Armor Correctional and co-Defendant Armor Health of Ohio, LLC (Armor Health), took over medical and psychiatric services at FCCC on October 18, 2021,

while Bradley was detained there. (Doc. 42, #406). Cundiff asserts two claims against Armor Correctional for its role in Bradley’s death. First, a state-common-law wrongful death action under the doctrines of respondeat superior and agency by estoppel. (Doc. 6, #141–44). Second, a § 1983 deliberate indifference claim.3 (Id. at #144–47).

1 When considering a motion for a default judgment, the Court accepts as true all well- pleaded allegations except those relating to the amount of damages. See In re Cook, 342 B.R. 384, 2006 WL 908600, at *3 (B.A.P. 6th Cir Apr. 3, 2006) (Table). Accordingly, the Court’s summary of the factual background rests on the allegations in Amended Complaint, (Doc. 6), and as previously recounted in the Court’s March 19, 2025, Opinion and Order, (Doc. 42). 2 However, as noted in the Court’s previous Opinion and Order, the Amended Complaint does not distinguish between Armor Correctional and another Defendant, Armor Health of Ohio, LLC, when detailing the factual allegations. (Doc. 42, #406; see Doc. 6, #133 (referring to both as “Armor Health”)). 3 As the Court previously noted, deliberate indifference claims relating to pretrial detainees arise under the Fourteenth Amendment’s Due Process Clause. (Doc. 42, #408 n.1). So while Cundiff asserted an Eighth Amendment deliberate indifference claim (which is valid for convicted prisoners), the Court construes her claim as arising under the Fourteenth Amendment because Bradley was a pretrial detainee. (Id.). Cundiff initiated this suit in the Franklin County Court of Common Pleas on December 21, 2023. (See Compl., Doc. 2). But on January 24, 2024, Defendant NaphCare, Inc., removed the case to this Court under 28 U.S.C. §§ 1331 and 1446.

(Doc. 1). At that time, both Armor Correctional and Armor Health shared an attorney. (First Show Cause Order, Doc. 25, #342). Indeed, the two Armor Defendants had obtained a joint stipulated extension of time to move or plead in state court, suggesting that Armor Correctional had been validly served.4 (Doc. 1-4). But while Armor Health answered the Amended Complaint, (Doc. 9), Armor Correctional never did. So, almost a year after this case was removed, the Court ordered counsel for Armor Correctional (who was also Armor Health’s attorney) to file a notice regarding

Armor Correctional’s status. (Doc. 25, #342). Counsel responded shortly thereafter that Armor Correctional had been included in the aforementioned joint stipulated extension only “out of an abundance of caution” because, at the time, it was “still uncertain which entities were proper parties.” (Doc. 29, #368). Accordingly, counsel averred that he would “not be representing Armor Correctional” and intended to file a motion to withdraw as

counsel. (Id.). Three weeks later, counsel for Armor Health indeed filed that motion, informing the Court that going forward he “would only represent Armor Health of Ohio, LLC.” (Doc. 34, #387). He also advised that, while he had informed all other counsel of his intent to withdraw, he did “not have contact with Armor Correctional Services, Inc.” (Id.).

4 Proof of service was filed on the state court docket. (See 12/27/23 Docket Entry, Cundiff v. Franklin Cnty., Ohio, No. 23-cv-9128 (Franklin Cnty. Ct. Com. Pl. 2023)). The Court granted the motion to withdraw and ordered Armor Correctional to obtain new counsel within thirty days, as “a corporation may appear in federal courts

only through licensed counsel.” (Doc. 36, #393 (citing Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202 (1993)). But Armor Correctional declined to do so. So the Court ordered it to show cause why default should not be entered against it for failure to defend under Federal Rule of Civil Procedure 55(a). (Order, Doc. 37, #394). The Court gave Armor Correctional five days to comply and warned it that failure to do so would result in the Court directing the Clerk to enter default against it. (Id.). Once again, Armor Correctional did not listen.

A potential explanation for its failure to respond became apparent on February 25, 2025, when the Court received notice from Daniel J. Stermer—the “Assignee for the benefit of creditors of the estate of … Armor Correctional Health Services, Inc (the ‘Assignor’).” (Doc. 38, #395). In that petition, Stermer advised the Court that “all property of [Armor Correctional], both real and personal, became subject to the jurisdiction of the Miami-Dade Circuit Court … pursuant to the provisions of Chapter

727, Florida Statutes.”5 (Id.). And under Florida Statute § 727.105, Stermer says that “proceedings may not be commenced against the Assignee except as provided in Chapter 727, Florida Statutes, but nothing in such Chapter affects any action or proceeding by a governmental unit to enforce such governmental unit’s police or regulatory power.” (Id.). Finally, Stermer noted that “except in the case of a

5 Case number 2023-024558-CA-01, filed on October 11, 2023. (Doc. 38. #95).

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