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

Summary

The United States District Court for the Western District of Tennessee considers Leslie Jones’s Rule 12(b)(6) motion to dismiss Kelvin Dowell’s Second Amended Complaint. Dowell alleges that Jones, a prison health administrator, was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment by failing to ensure timely antibiotics, surgery, and appropriate treatment. The court concludes that Jones’s alleged responses and referrals do not demonstrate the required subjective deliberate indifference and grants the motion to dismiss.

Holdings

1. Dowell failed to plead facts showing that Jones knowingly and consciously disregarded a substantial risk to his health. His allegations therefore did not state a plausible Eighth Amendment deliberate-indifference claim against Jones.
2. Jones's alleged failure to respond to the December 15 request form did not, in the context of the allegations, establish deliberate indifference.
3. Dowell's disagreement with the adequacy of treatment and Jones's referral of his complaints to Dr. Fowler did not constitute deliberate indifference.
4. Dowell did not plausibly allege that Jones abandoned her role in a manner that resulted in a direct violation of his Eighth Amendment rights.

Questions Presented

1. Whether Dowell plausibly alleged that Leslie Jones acted with deliberate indifference to a serious medical need in violation of the Eighth Amendment and 42 U.S.C. § 1983.
2. Whether Jones's responses to Dowell's requests and grievances, including a delayed or absent response to one request, supported liability for abandoning her role as Health Administrator.
3. Whether Dowell's disagreement with the adequacy of treatment and Jones's referral of his complaints to medical personnel stated an Eighth Amendment claim.

Disposition

dismissed