Skipper v. Clark

150 F. Supp. 3d 820, 2015 WL 7871050, 2015 U.S. Dist. LEXIS 162141
District Court, W.D. Kentucky·Decided December 3, 2015·No. CIVIL ACTION NO. 1:15-CV-00041-GNS·Published·Cited by 5 cases

Opinion

MEMORANDUM OPINION AND ORDER

Greg N. Stivers, Judge, United States District Court

This matter is before the Court on the Motion to Dismiss filed by Defendant Thomas Clark (“Clark”) (DN 9) as well as the Motion to Amend/Correct the Complaint filed by Plaintiffs (DN 13). The motions have been fully briefed by the parties and are ripe for decision. For the reasons outlined below, Plaintiffs’ Motion to Amend/Correct the Complaint is DENIED as futile, and Defendant’s Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The remaining state law claims are REMANDED to Casey Circuit Court.

I. SUMMARY OF FACTS AND CLAIMS

This action arises out of the events following the death of Margaret Leah Skipper (“Decedent”) in Casey County, Kentucky, on March 18, 2014. (Pis.’ Resp. to Def.’s Mot. to Dismiss 1, DN 12). Casey County Deputy Sheriff Freeman Luttrell (“Luttrell”) responded to a call from Michael Johnson, with whom Decedent resided, that there had been a domestic dispute. (Pis.’ Resp. to Def.’s Mot. to Dismiss 1, DN 12). Upon arrival, Luttrell and EMTs found Decedent unresponsive with a single gunshot wound to the right side of her head. (Pis.’ Resp. to Def.’s Mot. to Dismiss 1, DN 12).

Clark, in his official capacity as Casey County Coroner, was called to the scene in order to perform an investigation of Decedent’s death. (Def.’s Mot. to Dismiss 1-2, DN 9). Clark concluded in his “Coroner Investigation Report” that Decedent’s death was caused by a self-inflicted “contact gunshot wound to the right side of the head.” (Pis.’ Resp. to Def.’s Mot. to Dismiss 2, DN 12). Decedent’s daughters, Plaintiffs Sierra N. Skipper and S.R.S., requested an autopsy and further examination be conducted, but Clark allegedly did not pursue any further investigation. (Pis.’ Resp. to Def.’s Mot. to Dismiss 2).

On March 18, 2015, Plaintiffs filed this action in Casey Circuit Court alleging that Clark failed to conduct a post-mortem examination in compliance with KRS 72.025, et seq,, which requires that a post-mortem examination be conducted by a certified coroner when the circumstances surrounding a death appear to be caused by homicide, violence, or suicide. (Compl. ¶¶ 7-25, DN 1-1). Specifically, the Complaint alleged that Clark had failed to comply with training requirements enumerated in. KRS [824]*82472.415 and that his failure to follow the statutory protocol for post-mortem examinations violated Decedent’s due process and, equal protection rights vun,der the Fourteenth Amendment. Furthermore, Plaintiffs alleged that Clark’s conduct was actionable as negligence per se under KRS 446.070. (Compl. ¶¶ 27-29). Finally, the Complaint asserts that “the conduct of the defendant, Coroner Clark, was so beyond the bounds of professionalism, morality, and decency that it [rose] to the level of outrageous conduct” for which Plaintiffs are entitled to recover for intentional infliction of emotional distress (“IIED”). (Compl. ¶¶ 30-31).

After being served, Clark moved to dismiss all claims pursuant to Federal Rule of Civil Procedure 12(b)(6). Subsequently, Plaintiffs sought leave pursuant to Federal Rule of Civil Procedure 15 to amend and correct the Complaint in order to avoid dismissal by asserting all 42 U.S.C. § 1983 claims on behalf of all plaintiffs “rather than limiting said claims to the Estate , of Margaret Leah Skipper,” by adding a substantive due process claim, by adding “language concerning [Plaintiffs’] claim under KRS 446.070 which would encompass negligent conduct as well as intentional conduct pending further discovery in this matter,” and by resolving a typographical error. (Pis.’ Mem. in Supp. of Mot. to Amend/Correct Compl. 2, DN 13).

II. STANDARD OF REVIEW

A complaint is subject to dismissal if it “fail[s] to state a claim upon which relief can be granted.” Fed. R. Civ.- P. 12(b)(6). When considering a motion to dismiss under Rule 12(b)(6), the Court must construe the complaint in a light most favorable to the nonmoving party, accepting “as true all factual, allegations and permissible inferences therein. Gazette v. City of Pontiac, 41 F.3d 1061, 1064 (6th Cir.1994) (citing Westlake v. Lucas, 537 F.2d 857, 858 (6th Cir.1976)). The nonmoving party, however, must plead more than bare legal conclusions. Lillard v. Shelby Cty. Bd. of Educ., 76 F.3d 716, 726 (6th Cir.1996). In order to survive a 12(b)(6) motion, “[the] complaint must contain (1) ‘enough facts to state a claim to relief that is plausible,’ (2) more than ‘a formulaic recitation of a cause of action’s elements,’ and (3) allegations that suggest a ‘right to relief above a speculative level.’.” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). While the pleadings do not need to contain detailed factual allegations, the nonmoving party must allege facts that when “accepted as true ... ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 663, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

III. DISCUSSION

A. Defendant’s Motion to Dismiss

In the Complaint, Plaintiffs assert claims against Clark in both his official and individual capacities. Both types of claims are addressed separately below.

1. Ofñcial-Capacity Claims

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Skipper v. Clark, 150 F. Supp. 3d 820, 2015 WL 7871050, 2015 U.S. Dist. LEXIS 162141 (W.D. Ky. 2015).

150 F. Supp. 3d 820 (Skipper v. Clark) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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