Carolyn Arhart Edwards and Misty Arhart Wood, Co-Administrators of the Estate of Robert Joseph Edwards, Deceased v. Henrico County Sheriff Alisa A. Gregory, Individually, et al.

Summary

This memorandum opinion resolves motions to dismiss claims arising from the death of Robert Joseph Edwards while detained at the Henrico County Jail East. The court denies dismissal of the deliberate-indifference claim against nurse Pamela Coleman and the willful-and-wanton-negligence claims against Coleman and American Medical Staffing, Inc., but grants Sheriff Alisa A. Gregory’s motion to dismiss the Section 1983 policy claim. The opinion also notes the voluntary dismissal of claims against Deputy Brianna T. Lockhart and the plaintiffs’ withdrawal of a gross-negligence claim.

Holdings

1. The complaint plausibly alleged that Coleman acted with deliberate indifference to Edwards's serious medical need because she allegedly disregarded obvious symptoms of a potentially life-threatening cardiac condition, failed to provide or obtain appropriate emergency care, and refused immediate hospital transport despite EMS's recommendation.
2. The complaint failed to plausibly allege individual-capacity supervisory liability against Gregory because it did not allege facts showing that she had actual or constructive knowledge that subordinates posed a pervasive and unreasonable risk of constitutional injury.
3. The complaint plausibly stated a Virginia-law claim for willful and wanton negligence against Coleman.
4. Because the complaint plausibly stated a willful-and-wanton-negligence claim against Coleman, it also plausibly stated a respondeat-superior claim against AMS based on Coleman's conduct.

Questions Presented

1. Whether the First Amended Complaint plausibly alleged that LPN Pamela Coleman acted with deliberate indifference to Edwards's serious medical need in violation of 42 U.S.C. § 1983.
2. Whether the First Amended Complaint plausibly alleged that Sheriff Alisa A. Gregory had the knowledge and deliberate-indifference elements necessary for individual-capacity supervisory liability based on an allegedly unconstitutional medical-transport policy.
3. Whether the First Amended Complaint plausibly alleged willful and wanton negligence against Coleman under Virginia law.
4. Whether the complaint plausibly alleged vicarious liability against American Medical Staffing, Inc. for Coleman's alleged willful and wanton negligence.

Disposition

other