United States District Court, E.D. Michigan, Southern Division
Stephanie Dawkins Davis, U.S. Magistrate Judge
ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND
J. TARNOW, SENIOR UNITED STATES DISTRICT JUDGE
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.
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 .
For the reasons stated below, Defendants' Motion is
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.
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.
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.
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.
Hurley Medical Center, Mr. Dudley was diagnosed with
appendicitis and peritoneal abscess. Mr. Dudley's
appendix had burst.
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.
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.
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  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.
February 20, 2018, Mr. Dudley filed an Amended Complaint 
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 ...