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Obomanu v. Warren

United States District Court, E.D. Michigan, Southern Division

September 20, 2017

LORAIN OBOMANU, as Personal Representative of the Estate of SABRIE L. ALEXANDER, Deceased, Plaintiff,
v.
MILLICENT WARREN, et al., Defendants.

          MEMORANDUM AND ORDER DISMISSING STATE LAW CLAIMS WITHOUT PREJUDICE AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS (Docs. 45, 50) AND DISMISSING CLAIRE PEI, ROBERT LACY, MOHAMMAD IRFAN, and MARY CLOSSER

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. Introduction

         This is a prisoner civil rights case involving a death. Plaintiff Lorain Obomanu, as personal representative of the estate of Sabrie L. Alexander, is suing thirty-seven individuals, two health services companies, and ten unnamed defendants, for a total of forty-one (41) defendants.[1] Plaintiff asserts a federal claim under 42 U.S.C. § 1983 for deliberate indifference to serious medical needs and a state law claim for gross negligence under M.C.L. § 691.1407. In broad terms, plaintiff says that defendants failed to provide proper care for Alexander's medical conditions which ultimately resulted in her death. The complaint asserts eight counts, as follows:

Count I - deliberate indifference against corrections/custodial defendants
Count II - deliberate indifference against mental health service defendants
Count III - deliberate indifference against medical service defendants
Count IV - 8th Amendment cruel and unusual punishment against all defendants
Count V - supervisory liability against certain corrections/custodial defendants
Count VI - gross negligence against corrections/custodial defendants
Count VII - gross negligence against mental health service defendants
Count VIII - gross negligence against medical service defendants

         Before the Court is a motion to dismiss brought by the two health care companies, Corizon and Valitas, along with the following individuals: Claire Pei, Aryan Taymour, Robert Lacy, Pu Qin, and Mohammad Azimi. (Doc. 45). Mohammad Irfan and Mary Closser have joined in the motion. (Doc. 50). For the reasons that follow, the motion will be granted in part and denied in part. Specifically,

1. The gross negligence claims (Counts VI, VII, VIII) are DISMISSED WITHOUT PREJUDICE as the Court declines to exercise supplemental jurisdiction over them.
2. Count IV is DISMISSED as duplicative of Counts I, II, and III.
3. Pei, Lacy, Irfan, and Closser are DISMISSED.

         II. Background

         This case involves the death of Alexander, a 27 year old woman, while she confined at the Women's Huron Valley Correctional Center. Alexander was incarcerated from April 17, 2014 until November 17, 2014, the date of her death. Alexander suffered from a variety of medical conditions including a seizure disorder and mental health issues (bi-polar, anxiety, borderline personality). Alexander also had a bladder condition and asthma. Plaintiff alleges that during Alexander's seven month period of incarceration, her pleas for medical attention were ignored and she was punished for seeking attention by being placed in segregation and solitary confinement. While plaintiff alleges several instances of improper medical care, the most significant allegations pertain to the treatment of Alexander's seizures. The complaint alleges that Alexander was not given her seizure medication for the first eight days she was in custody and missed dosages of the medication over 80 times thereafter.

         The 179 paragraph complaint names the following defendants:

1. Millicent Warren, Warden of Ypsilanti MDOC WHV Facility
2. David Johnson, Assistant/Deputy Warden of Ypsilanti MDOC WHV Facility
3. S.A. Thomas, Assistant/Deputy Warden of Ypsilanti MDOC WHV Facility
4. Sgt. Troy Anthony Browning, Sergeant/Corrections Officer Ypsilanti MDOC WHV Facility
5. Lt. Michael Nelson, Lieutenant/Corrections Officer Ypsilanti MDOC WHV Facility
6. Capt. Tonya Allen, Captain, Corrections Officer Ypsilanti MDOC WHV Facility
7. Kenneth Mott, Corrections Officer Ypsilanti MDOC WHV Facility
8. Natasha Smith, Corrections Officer Ypsilanti MDOC WHV Facility
9. Tricia Kincannon, Corrections Officer Ypsilanti MDOC WHV Facility
10. Kristin Potter, Corrections Officer Ypsilanti MDOC WHV Facility
11. Keona Smith, Corrections Officer Ypsilanti MDOC WHV Facility
12. Denise Armstrong, MS, psychologist for Ypsilanti MDOC WHV ...

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