Kelvin Dowell v. Nurse David Kent Mathis, et al.

Summary

The United States District Court for the Western District of Tennessee grants Dr. Mark Fowler’s Rule 12(b)(6) motion to dismiss Kelvin Dowell’s Second Amended Complaint and denies Dowell’s motion to appoint counsel as moot. The court concludes that the allegations concerning delayed and allegedly inadequate medical treatment do not plausibly establish deliberate indifference to serious medical needs under the Eighth Amendment.

Holdings

1. Dowell failed to state a claim because the allegations did not plausibly establish that Fowler knowingly and consciously disregarded an excessive risk to Dowell's health or safety. Fowler's alleged treatment errors, treatment choices, and failure to follow the outside treatment plan amounted at most to negligence or disagreement over medical treatment, and Fowler provided examinations and treatment rather than completely denying care.
2. The motion to appoint counsel was denied as moot because the claim against Fowler was dismissed and judgment was directed to be entered.

Questions Presented

1. Whether Dowell plausibly alleged that Dr. Fowler acted with deliberate indifference to a serious medical need in violation of the Eighth Amendment.
2. Whether Fowler's alleged deviation from an outside hospital treatment plan, prescription delay, allegedly inadequate treatment, discouraging statements, and failure to respond to a medical message constituted deliberate indifference rather than negligence, medical malpractice, or disagreement over treatment.
3. Whether Dowell's motion to appoint counsel should remain pending after dismissal of the claim against Fowler.

Disposition

dismissed