Simmons v. Corizon Health, Inc.

136 F. Supp. 3d 719, 2015 U.S. Dist. LEXIS 136476, 2015 WL 5837541
District Court, M.D. North Carolina·Decided October 6, 2015·No. No. 1:14cv730·Published·Cited by 6 cases

Opinion

MEMORANDUM ORDER

THOMAS D. SCHROEDER, District Judge.

Plaintiffs Glenda, Calvin, Bryan, and Tiffany Simmons bring suit against Defendants Corizon Health, Inc., Corizon, LLC (collectively “Corizon”); B.J. Barnes, Sheriff of Guilford County, Guilford County, and the Local Government Excess Liability Fund, Inc. (collectively “Guilford Defendants”), for alleged violations of Bryan Simmons’ constitutional rights pursuant to 42 U.S.C. § 1983, as well as for violations of North Carolina law. (Doc. 20.) Before the court is Sheriff Barnes’ motion, pursuant to Federal Rule of Civil Procedure 60, for reconsideration of this court’s Memorandum Opinion and Order entered August 4, 2015. (Doc. 36.) For the reasons set forth below, the motion for reconsideration and motion to- dismiss Plaintiffs’ § 1983 claim against Sheriff Barnes, in his official capacity as Sheriff of Guilford County, North Carolina, will be granted.

I. BACKGROUND

This suit arises from injuries Bryan Simmons sustained while incarcerated in the Guilford County jail. (Doc. 20 ¶ 1-22.) A complete version of the factual allegations are set forth in this court’s August 4, 2015 Memorandum Opinion and Order (Doc. 35) and need not be repeated here.

Following Plaintiffs’ complaint, the Guilford Defendants filed a motion to dismiss. (Doc. 15.) In considering the Guilford Defendant’s motion to dismiss as to Sheriff Barnes, this court Observed that the “Guilford Defendants ma[d]e no argument that Plaintiffs’ amended complaint fails to allege facts of an official' policy causing the claimed Eighth Amendment violation.” (Doc. 35 at 23.) On that basis, the motion to' dismiss was denied as to Plaintiffs’ § 1983 claim against' Sheriff Bárnes. (Id.) However, Sheriff Barnes’ motion for reconsideration contends that this argument was in fact made, albeit summarily. (Doc. 29 at 15.) Specifically, in connection with a broader argument as to Sheriff Barnes’ respondeat superior liability, the Guilford Defendants’’brief in support of their motion to dismiss argued’ that there are no “substantive allegations that ... Sheriff [Barnes] initiated a specific policy or tacitly-endorsed a specific custom or practice which proximately caused [the injury alleged].” 1 (Id.' (emphasis omitted).) Sheriff Barnes now urges the court to consider this argument. - '

II. ANALYSIS

Sheriff Barnes labels his motion for relief from judgment as a Rule 60 motion, but because Sheriff Barnes’ motion for relief from judgment was filed within 28 days of the entry of judgment, it is proper for this court to treat it as a motion to alter or amend judgment under Rule 59(e). See Fed.R.Civ.P. 59(e); Knowles v. Mut. Life Ins. Co. of New York, 788 F.2d 1038 (4th Cir.1986); Maxus Energy Corp. and [722]*722Subsidiaries v. United States, 31 F.3d 1135, 1139-41 (Fed.Cir.1994).(“The universal ruléis that, regardless of its label, any motion made within. [28] days of entry, of judgment which seeks a substantive change in the judgment will be considered a Fed.R.Civ.P. 59(e) motion”). A court may amend a judgment under Rule 59(e) where it is necessary to “prevent manifest injustice.” Hutchinson v. Staton, 994 F.2d 1076, 1.081 (4th Cir.1993). Because Sheriff Barnes’ argument was initially overlooked, justice requires this court to now consider whether Plaintiffs have plausibly alleged that a policy or custom of Sheriff Barney proximately caused Simmons’ injury.

To survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), “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, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim is plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955).

Plaintiffs have sued Sheriff Barnes only in his official capacity. (Doc. 20.) In addition, unlike as to Defendant Guilford County, Plaintiffs do not allege that' the Sheriffs office had a contractual relationship with Corizon. (See id. ¶¶ 13, 14, 29, 32, 44, 46, 68, 100,104 (alleging that the relevant contract was between Guilford County and Corizon)). Accordingly, Plaintiffs cannot state a claim against Sheriff Barnes in his official capacity without alleging that Simmons’ injuries were proximately caused by “an official policy or custom of the Sheriff’s office.” Evans v. Guilford Cnty. Det. Ctr., No. 1:13CV499, 2014 WL 4641150, at *3 (M.D.N.C. Sept. 16, 2014) (emphasis added); Lytle v. Doyle, 326 F.3d 463, 471 (4th Cir.2003). There are four ways for an unconstitutional policy or custom to arise:

(1) through an express policy, such as a written ordinance or regulation; (2) through the decisions of a person with final policymaking authority; (3) through an omission, such as a failure to properly train officers, that “manifests] deliberate indifference to the rights of citizens”;. or (4) through a practice that is so “persistent and widespread” as to constitute a. “custom or usage with the force of law.”

Lytle, 326 F.3d at 471 (alteration in original and internal citations omitted).

Plaintiffs do riot allege any affirmative policy by the Sheriffs office. (See Doc. 20 ¶¶ 111-27.) Instead, they allege that Sheriff Barnes and his employees have a policy or custom of deliberate indifference to the medical needs of prisoners. (See id.) In support of this argument, Plaintiffs allege an incident from a year prior to Simmons’ injury. (Id. ¶ 123.) There, an inmate died from a blood clot after being strapped to a restraining chair for 24-36 hours; (Id.) This is the only prior incident that Plaintiffs allege.

This single, isolated incident is not sufficient to establish a policy or custom of medical neglect. See, e.g., Slakan v. Porter, 737 F.2d 368, 373 (4th Cir.1984) (“Ordinarily, [the plaintiff] cannot satisfy his burden of proof by pointing to a single incident or isolated incidents.”); Layman v. Alexander,

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Simmons v. Corizon Health, Inc., 136 F. Supp. 3d 719, 2015 U.S. Dist. LEXIS 136476, 2015 WL 5837541 (M.D.N.C. 2015).

136 F. Supp. 3d 719 (Simmons v. Corizon Health, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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