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Dudley v. Genesee County

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

June 18, 2018

Raheen Dudley, Plaintiff,
v.
Genesee County, et al., Defendants.

          Stephanie Dawkins Davis, U.S. Magistrate Judge

          ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND STRIKE [28]

          ARTHUR J. TARNOW, SENIOR UNITED STATES DISTRICT JUDGE

         When Plaintiff Raheen Dudley was a pretrial detainee at the Genesee County Jail, he asked repeatedly to be seen by a doctor and taken to the hospital for severe abdominal pain, vomiting, fever, and inability to eat or sleep. Only after suffering for five days was Mr. Dudley finally sent to the emergency room. His appendix had burst and he developed a peritoneal abscess. He had part of his colon removed and had to wear a colostomy bag.

         Mr. Dudley filed this civil rights action pursuant to 42 U.S.C. § 1983 against Defendants Genesee County and Corizon Correctional Healthcare and its employees. Before the Court is Defendants' second Motion to Dismiss and Strike [28]. For the reasons stated below, Defendants' Motion is DENIED.

         Factual Background

         In September 2014, Mr. Dudley was a pretrial detainee in the custody of the Genesee County Jail. Defendant Corizon Correctional Healthcare (“Corizon”) is a corporation contracted to provide healthcare services to inmates at the Jail. On September 14, 2014, Mr. Dudley submitted a request form to Corizon to see a doctor for severe pain in his stomach. Defendant Mona Cross, R.N., a Corizon employee, received the request the following day, but did nothing to follow up with Mr. Dudley.

         On September 16, 2014, having received no response to his initial request to see a doctor, Mr. Dudley submitted a second request form, complaining of 10 out of 10 stomach pain, vomiting, headaches, inability to eat, and lack of sleep. He saw Nurse Cross, who documented a fever of 100 degrees and noted pain and tenderness in the right lower quadrant of his abdomen, but declined to refer him for emergency treatment. Defendant Dennis Lloyd, D.O., also a Corizon employee, refused to see Mr. Dudley on that day.

         On September 17, 2014, Mr. Dudley submitted a third request form, complaining of shortness of breath, terrible lower abdominal pain, vomiting, headaches, and difficulty walking and sleeping. He asked to be taken to the hospital because “it felt like a life or death situation.” Amend. Compl. at ¶ 18.

         On September 19, 2014, Mr. Dudley was finally seen by Dr. Lloyd, who documented that Mr. Dudley had lower right quadrant pain for six days, no bowel movements, and trouble urinating. Dr. Lloyd diagnosed him with possible appendicitis and sent him to the emergency room.

         At the Hurley Medical Center, Mr. Dudley was diagnosed with appendicitis and peritoneal abscess. Mr. Dudley's appendix had burst.

         On September 20, 2014, he had an exploratory laparotomy, ileocecectomy, a right hemicolectomy, and an ileostomy formation. Mr. Dudley had part of his colon removed and had to wear a colostomy bag.

         Procedural History

         On March 13, 2017, Mr. Dudley, through counsel, commenced this action against Defendants Dennis Lloyd, D.O., Mona Cross, LPN, Corizon Correctional Healthcare f/k/a Prison Health Services (“Corizon”), and Genesee County alleging Gross Negligence and Violation of Civil Rights.

         On March 14, 2017, Mr. Dudley filed a medical malpractice action against the same Defendants in Genesee County Circuit Court (“State Action”). In the State Action, Defendants filed a Motion for Summary Disposition. On July 7, 2017, the Honorable Archie Hayman granted Defendants' Motion and ordered that “Plaintiff's medical malpractice claim [] be transferred to the United States District Court, Eastern District of Michigan, specifically Dudley v. Genesee County Jail, et al. No. 2:17-cv-10800.” Meanwhile, in this Court, Defendants filed a Motion to Dismiss [8] on May 3, 2017. The Court held a hearing on the motion on February 13, 2018, at which it recommended that counsel amend the complaint.

         On February 20, 2018, Mr. Dudley filed an Amended Complaint [25] against Defendants alleging: Gross Negligence, Ordinary Negligence, and/or Wanton and Willful Misconduct (Counts I-II); Vicarious Liability (Count III); Medical Malpractice (IV); and Violation of Civil Rights ...


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