Taynandree Reed v. Vesna Mandic, Unknown Title

Court of Appeals of Kentucky·Decided April 3, 2026·No. 2024-CA-1200·Unpublished

Opinion

RENDERED: APRIL 3, 2026; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2024-CA-1200-MR

TAYNANDREE REED APPELLANT

APPEAL FROM FRANKLIN CIRCUIT COURT v. HONORABLE THOMAS D. WINGATE, JUDGE ACTION NO. 24-CI-00383

VESNA MANDIC, UNKNOWN TITLE; COOKIE CREWS, IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE KENTUCKY DEPARTMENT OF CORRECTIONS; DAWN PATTERSON, REGIONAL MANAGER; DENISE BURKETT, APRN; DEPARTMENT OF CORRECTIONS; JENNIFER BLANTON, AHSA; WELLPATH, INMATE HEALTH CARE SUPPLIER; AND WILLIAM GRENIER, ORDERING PROVIDER APPELLEES

OPINION

AFFIRMING

** ** ** ** **

BEFORE: CALDWELL, COMBS, AND EASTON, JUDGES.

CALDWELL, JUDGE: Taynandree Reed (“Reed”), pro se, appeals from an order of the Franklin Circuit Court granting the motion of the Kentucky Department of Corrections (“KDOC”); KDOC Commissioner Cookie Crews, and KDOC employee Denise Burkett (collectively “Corrections”) to dismiss Reed’s petition for declaratory judgment for failing to exhaust his administrative remedies. After careful review, we affirm.

BACKGROUND

Reed, currently an inmate at the Southeast State Correctional Complex (“SSCC”) in Wheelwright, Kentucky, initiated this action by filing a petition for declaratory judgment (“the Petition”) in Franklin Circuit Court. In addition to the Corrections parties, Reed’s Petition named as Respondents Wellpath, LLC, a prison healthcare provider; and four persons presumed to be Wellpath employees, Vesna Mandic; Dawn Patterson; Jennifer Blanton; and William Grenier.1 The Petition alleged that Reed had signed a refusal to be tested for HIV during intake while he was an inmate at the Roederer Correctional Complex (“Roederer”) in LaGrange, Kentucky. The Petition alleged that, despite Reed’s

1 Wellpath and the four persons presumed to be Wellpath employees were not parties to the motion to dismiss and had not filed a responsive pleading prior to the Franklin Circuit Court’s dismissal of the action.

written refusal, HIV testing had nonetheless occurred among lab work that occurred upon a subsequent blood draw at Roederer.

The Petition indicated Reed was initiating the action pursuant to KRS2 418.040. There, Reed alleged that he had been “denied his protected state, federal, and United States Constitutional rights when his blood was drawn for HIV testing without his consent.” Record on Appeal, (“R.”), p. 15. The Petition also alleged that Reed was “denied state, federal, and United States Constitutional rights when Wellpath . . . employed staff that do not take the time to look through Petitioner’s file when ordering laboratory testing.” R. at 16.

Other allegations in the Petition did not directly concern any health care services at Roederer. These focused upon the handling of a health care grievance filed about the HIV testing. The Petition alleged that Reed was “denied state, federal, and United States Constitutional rights when Respondents attempted to deny [Reed] his right to the Grievance process[,]” as well as when Roederer had “refused to respond to his grievance[.]” R. at 15, 16.

The Petition sought injunctive relief from the medical staff.

Additionally, the Petition requested compensatory damages in an amount to be determined by the court and $2,500,000 in punitive damages.

2 Kentucky Revised Statutes.

Reed’s Petition contended he had filed Grievance 23-297 after his receipt of medical records which documented an HIV lab test on bloodwork drawn during intake at Roederer. Prior to filing the grievance, it is apparent that Reed had been transferred from Roederer to Eastern Kentucky Correctional Complex (“EKCC”) in West Liberty, Kentucky. Furthermore, his Petition makes apparent that Reed filed Grievance 23-297 with EKCC. Documentation attached to Reed’s Petition reflects that Grievance 23-297 was classified as a “Health Care Grievance” as the subject matter concerned “Medical Services” and the “Quality of Health Care[.]” R. at 25.

Attached to Reed’s Petition was a form Reed had filled out to initiate Grievance 23-297. In a section of the form titled “Brief Statement of the Problem[,]” Reed wrote that he had:

noticed I was tested for HIV even though I have a copy of a refusal form I signed and dated not to be tested for HIV. I spoke with the sick call nurse about this and she couldn’t give me an explanation. Her only advice was file a grievance about it.

R. at 26.

Later in the same form, Reed indicated the “Action Requested” in response to his grievance was to learn “why against my authorization was my blood used and tested for HIV when I clearly signed a refusal form.” R. at 26.

The bottom portion of the same form contained a section labeled “Informal Resolution Stage” that was completed by staff. There, Jennifer Blanton, the Assistant Health Services Administrator for EKCC, documented an in-person meeting with Reed to address his health care grievance. Her notation indicates she initially informed Reed that, as Grievance 23-297 concerned a procedure that had occurred at Roederer, EKCC was unable to respond and the grievance should instead be sent to Roederer. Additional correspondence Reed received from Blanton, dated contemporaneously with the informal resolution, was described in and attached to the Petition. There, Blanton indicated she would advise a grievance coordinator that Roederer would need to respond to Reed’s grievance.

The Petition attached an appeal form Reed submitted to appeal the informal resolution to the Health Care Grievance Committee. Reed asserted he wished to appeal because:

[t]he informal resolution didn’t give me an answer of ‘why’ these actions were taken against me. I feel nothing was accomplished in the informal resolution and for that I wish to appeal the decision and go to the committee.

R. at 12.

The Petition alleged Reed received a response to his appeal from Dawn Patterson on behalf of the Health Care Grievance Committee. The Petition contended that on August 8, 2023, the Health Care Grievance Committee rendered a decision of concurrence with the informal resolution. The Petition asserted that

the decision expressed specific agreement that Reed’s grievance should be addressed by Roederer.

Per his Petition, Reed then appealed the decision of the Health Care Grievance Committee to Denise Burkett, the Medical Director for KDOC. The Petition indicated that on October 5, 2023, Burkett rendered a decision of concurrence with the Health Care Grievance Committee. Additionally, the Petition contended, Burkett’s decision contained the following findings and conclusions:

Appears the refusal was signed on 12/21/2022. On 12/22/2022 the Medical Provider ordered routine intake lab and apparently wasn’t aware of the refusal. When the lab was drawn, 1/10/23, I don’t think V. Mandic was aware of the refusal either. I apologize for this error. I will have HSA McDonald to educate staff to make sure a consent or refusal is looked for before drawing such labs.

R. at 13.

Burkett’s decision was the final action taken in the procedural course

of Grievance 23-297 alleged in Reed’s Petition. However, aside from the allegations related to bloodwork that occurred while he was an inmate at Roederer, the Petition contained additional allegations that Reed “became aware that Grievance (23-297) was being hindered by an unknown source” during his pursuit of administrative relief after his transfer from Roederer and, later, from EKCC. R. at 13. The Petition alleged that, despite indications from Reed that Grievance 23- 297 would eventually be addressed by Roederer, this did not occur.

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