Love v. Franklin Cnty.

376 F. Supp. 3d 740
CourtDistrict Court, E.D. Kentucky
DecidedMarch 27, 2019
DocketCivil. No. 3:18-cv-00023-GFVT
StatusPublished
Cited by16 cases

This text of 376 F. Supp. 3d 740 (Love v. Franklin Cnty.) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Love v. Franklin Cnty., 376 F. Supp. 3d 740 (E.D. Ky. 2019).

Opinion

Gregory F. Van Tatenhove, United States District Judge

This is one of two recent cases involving pre-trial detention at the Franklin County Regional Jail.1 The Plaintiff in this matter, Kelsey Love, gave birth alone and unassisted while in custody at the jail. The Defendants seek to resolve this case by way of a Motion to Dismiss. [R. 10.]2 This requires the Court to consider, for a first time, the teachings of the Supreme Court in Kingsley v. Hendrickson , a Fourth Amendment case, in the context of the Eighth and Fourteenth Amendments.

*743--- U.S. ----, 135 S.Ct. 2466, 192 L.Ed.2d 416 (2015). Ultimately, for the reasons set out below, the motion will be DENIED .

I

On May 15, 2017, Plaintiff Kelsey Love was incarcerated in Franklin County Regional Jail (FCRJ). [R. 9 at 5.] Love, a pretrial detainee, was eight months pregnant at the time. Id. Because of her pregnancy, Defendants were under orders to observe Love every ten minutes. The Inmate Observation Record Love filed with Love's complaint, if believed, indicates the Defendants checked on her semi-regularly throughout May 15, 2017 and into the morning of May 16, 2017, though not every ten minutes, as instructed. [R. 1-1.] Love went into labor sometime during May 15, 2017. Somehow, despite frequent looking-ins, Love was allowed to give birth, unassisted and without medical care, in her jail cell. [R. 9 at 6.] When Defendant Phillips entered Love's cell at approximately 8:04 a.m. on May 16, 2017, Love's blood covered the floor. Love had completed labor and delivered a child. Only then was Love transported to Franklin Regional Medical Center. [R. 1-1.]

Love filed this action on May 7, 2018 and amended her complaint on June 9, 2018. Love named Franklin County, Rick Rogers, Michael Phillips, Anthony Pullen, Sergeant Harrod and four John Doe deputy jailers (collectively "individual Defendants") [R. 1; R. 9.] As amended, Love's complaint alleges various causes of action under both 42 U.S.C. § 1983 and Kentucky common law. [R. 9.] Namely, deliberate indifference, supervisory liability, Monell liability, and common law negligence. In addition, Love puts forth a new theory of liability under the Fourteenth Amendment, which she calls "intentional decision." [R. 9 at 8.] With this Count, she urges this Court to adopt a new standard for pretrial detainee medical care claims based on Kingsley. The Defendants have moved for dismissal under Rule 12(b)(6). [R. 10.] Defendants argue that Love has not pleaded the elements of her claims specifically enough to survive dismissal, and that even if she had, they are protected by qualified immunity. Id. For the following reasons, Defendants' Motion to Dismiss is DENIED .

II

A

A motion to dismiss pursuant to Rule 12(b)(6) tests the sufficiency of a plaintiff's complaint. In reviewing a Rule 12(b)(6) motion, the Court "construe[s] the complaint in the light most favorable to the plaintiff, accept[s] its allegations as true, and draw[s] all inferences in favor of the plaintiff." DirecTV, Inc. v. Treesh , 487 F.3d 471, 476 (6th Cir. 2007) (citation omitted). The Court, however, "need not accept as true legal conclusions or unwarranted factual inferences." Id. (quoting Gregory v. Shelby County , 220 F.3d 433, 446 (6th Cir. 2000) ). The Supreme Court explained that in order "[t]o survive a motion to dismiss, 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, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). See also Courie v. Alcoa Wheel & Forged Products , 577 F.3d 625, 629 (6th Cir. 2009).

Moreover, the facts that are pled must rise to the level of plausibility, not just possibility; "facts that are merely consistent with a defendant's liability ... stop[ ] short of the line between possibility and plausibility." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting *744Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 557, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ).

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Bluebook (online)
376 F. Supp. 3d 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/love-v-franklin-cnty-kyed-2019.