United States District Court, M.D. North Carolina
March 31, 2015
SANDRA J. ENGLISH, administratrix of the estate of Richard Delynn Fields, Plaintiff,
JAMES MURPHY, SHEPARD JONES, in his individual and official capacity as Sheriff of Scotland County, North Carolina; DEPUTY NICHOLS, in his individual and official capacity as Deputy Sheriff for the Scotland County Sheriff's Department; LLOYD GOINS, in his individual and official capacity as Deputy Sheriff for the Scotland County Sheriff's Department; JOHN DOE, in his individual and official capacity as Deputy Sheriff for the Scotland County Sheriff's Department; and THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS, as Surety for Sheriff Shepard Jones, Defendants.
N. CARLTON TILLEY, Jr., Senior District Judge.
On April 11, 2013, the United States Magistrate Judge's Recommendation [Doc. # 38] was filed as to Defendants Lloyd Goins, Shepard Jones, and James Nichols's Motion to Dismiss Plaintiff Sandra English's complaint for a failure to state a claim under Fed.R.Civ.P. 12(b)(6) [Doc. # 19]. Ms. English filed a timely objection to the Recommendation [Doc. # 40], and the Court has conducted a de novo review of those matters to which objections were raised.
Upon review of the parties's submissions and the case law, specifically the recent Fourth Circuit case of Makdessi v. Fields, No. 13-7606, 2015 WL 1062724 (4th Cir. March 12, 2015) and Brown v. N.C. Dept. of Corrections, 612 F.3d 720 (4th Cir. 2010), it is determined that Plaintiff's claims should proceed against Defendants Jones, Nichols, Goins, and Doe (the "Jailor Defendants") in their individual capacities as to Plaintiff's allegations regarding the delay in treating Mr. Fields' initial medical problems, the failure to separate Mr. Fields from Mr. Murphy, and the alleged failure to timely treat Mr. Murphy's head wound.
For the reasons stated in the Magistrate Judge's Recommendation, with the exception of those matters discussed in Footnote 2, below, Defendants' motion is GRANTED as to all claims under the Eighth Amendment; GRANTED as to all official capacity claims; GRANTED as to all claims related to the delay in Mr. Fields' transfer to UNC Hospital; and GRANTED as to claims against Mr. Jones based on a failure to supervise or a failure to train. Defendants' motion with respect to the remaining individual capacity claims, as well as the state law claims, is otherwise DENIED.
The Clerk's office is directed to immediately set this matter for a pretrial conference.