Williams v. Frakes

CourtDistrict Court, D. Nebraska
DecidedSeptember 30, 2025
Docket4:23-cv-03214
StatusUnknown

This text of Williams v. Frakes (Williams v. Frakes) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Frakes, (D. Neb. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

ANTWON L. WILLIAMS,

Plaintiff, 4:23CV3214

vs. MEMORANDUM AND ORDER SCOTT FRAKES, Director of the Nebraska Department of Correctional Services (NDCS); JEFF KASSELMAN, Medical Director of the Nebraska Department of Correctional Services (NDCS); DR. ROBERT CUNARD, Medical Doctor at the Diagnostic & Evaluation Center (NDCS); CHRISTINE SCRVIDO, Register Nurse at the Diagnostic & Evaluation Center (NDCS); ANTINUKE BAMIES, Contract Register Nurse at the Diagnostic & Evaluation Center (NDCS); MIKE ABEJO, Contract Register Nurse at the Diagnostic & Evaluation Center (NDCS); EDITH ENIKE, Contract Register Nurse at the Diagnostic & Evaluation Center (NDCS); CHERYL FLINN, Physician Assistant, Contract at the Diagnostic & Evaluation Center (NDCS); and ERIN DOUGHERTY, Physician Assistant, Contract at the Diagnostic & Evaluation Center (NDCS);

Defendants.

This matter is before the Court on Plaintiff’s two motions to withdraw his previous motion to dismiss. Filing No. 12; Filing No. 18. Plaintiff’s first motion to withdraw, Filing No. 12, is unsigned, and Plaintiff filed the second motion to withdraw, Filing No. 18, to correct the signature deficiency. The Court will, therefore, deny Plaintiff’s first motion as moot and consider the second motion (hereinafter the “Motion to Withdraw”) as the operative motion. For the reasons that follow, Plaintiff’s Motion to Withdraw will be granted as Plaintiff’s Complaint alleges a plausible claim for relief against several named defendants and Plaintiff’s mistaken reasoning for filing his motion for voluntary dismissal justifies relief from the judgment. I. BACKGROUND Plaintiff is an inmate in the custody of the Nebraska Department of Correctional

Services (“NDCS”) and, according to NDCS’ online inmate records, is currently confined in the Reception and Treatment Center (“RTC”) in Lincoln, Nebraska. See https://dcs- inmatesearch.ne.gov/Corrections/COR_input.jsp (last visited Sept. 30, 2025). Plaintiff filed his Complaint in this case on November 9, 2023, when he was confined in the Nebraska State Penitentiary. Filing No. 1 at 2. The Court granted Plaintiff leave to proceed in forma pauperis and directed him to pay an initial partial filing fee by December 18, 2023. Filing No. 6. Plaintiff paid his initial partial filing fee on December 14, 2023, and was advised that the next step in his case would be for the Court to conduct an initial review of his claims to determine whether summary dismissal is

appropriate under 28 U.S.C. § 1915(e)(2) and that the Court would conduct this review in its normal course of business. See Filing No. 6 at 3. Before the Court conducted its initial review, Plaintiff filed what the Court construed as a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 41 on October 28, 2024. Filing No. 8. On November 13, 2024, the Court entered a Memorandum and Order and Judgment granting Plaintiff’s motion and dismissing this matter without prejudice. Filing No. 9; Filing No. 10. On December 18, 2024, Plaintiff submitted his first unsigned “Motion to Withdraw the Motion to Dismiss” along with a letter indicating that he now wished to withdraw his previous motion to dismiss his case because he was currently employed and could pay his court fees. Filing No. 12. After being informed of the motion’s signature deficiency by the Clerk and later by the Court, see Filing No. 13 (text notice); Filing No. 15, Plaintiff filed the present Motion to Withdraw on February 10, 2025, Filing No. 18. II. DISCUSSION

The Court liberally construes Plaintiff’s Motion to Withdraw as a motion for relief from the Court’s judgment brought pursuant to Federal Rule of Civil Procedure 60(b). Under Rule 60(b), a court may grant a party relief from a judgment for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

Fed. R. Civ. P. 60(b). Relief under the catchall provision, Rule 60(b)(6), is available only in “extraordinary circumstances.” Buck v. Davis, 137 S. Ct. 759, 777–78 (2017) (quoting Gonzalez v. Crosby, 545 U.S. 524 (2005)). Here, Plaintiff appears to seek relief from the Court’s judgment granting his motion for voluntary dismissal and dismissing this matter without prejudice because his decision to dismiss the case was based on financial concerns that are no longer applicable. To address Plaintiff’s motion, the Court will first conduct an initial review of Plaintiff’s Complaint to determine whether Plaintiff has stated a claim upon which relief may be granted. For if Plaintiff has not alleged a plausible claim for relief, then relief from the Court’s judgment granting his motion for voluntary dismissal would be unwarranted.

A. Summary of Complaint Plaintiff filed his Complaint pursuant to 42 U.S.C. § 1983 against former NDCS Director Scott Frakes, former NDCS Medical Director Jeff Kasselman, and the following medical personnel employed at the Diagnostic and Evaluation Center (“DEC”)1—Dr. Robert Cunard (“Dr. Cunard”); Registered Nurses Christine Scrvido, Antinuke Bamies, Mike Abejo, and Edith Enike; and Physician Assistants Cheryl Flinn (“PA Flinn”) and Erin Dougherty (“PA Dougherty”).2 Plaintiff seeks declaratory and injunctive relief and damages against Defendants for alleged deliberate indifference to his serious medical needs in violation of the Eighth Amendment related to Defendants’ administration of

anti-seizure medication to Plaintiff in excessive and, allegedly, toxic amounts. Plaintiff alleges the following facts in support of his claims. Plaintiff arrived at the DEC on June 16, 2021, and received a medical and psychological evaluation by Scrvido in which she asked Plaintiff questions concerning his psychological, physical, and mental health “before allowing plaintiff to be release[d] out into the inmate population.” Filing No. 1 at 4. In response to Scrvido’s questions, Plaintiff indicated he was not suicidal, did not have suicidal tendencies, nor did he feel

1 The Diagnostic and Evaluation Center is now known as the Reception and Treatment Center.

2 Unless otherwise noted, the individual defendants will be referred to by their last names and collectively as “Defendants.” like hurting himself or others. When asked if Plaintiff had any medical issues or took medications that medical staff needed to be aware of, Plaintiff informed Scrvido that he “was epileptic and has grand mal seizure,” that he had not had his anti-seizure medication in two days, and that he takes Carbamazepine 400mg twice daily for his seizures. Id. at 5. Scrvido informed Plaintiff that medical staff had his medication

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Bluebook (online)
Williams v. Frakes, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-frakes-ned-2025.