Sams v. Armor Corr. Health Servs., Civil Action No. 3:19cv639

• Decision Date: 30 September 2020
• Docket Number: Civil Action No. 3:19cv639
• Court: U.S. District Court — Eastern District of Virginia
• Parties: CAROLYN MAE SAMS, Plaintiff, v. ARMOR CORRECTIONAL HEALTH SERVICES, INC., et al., Defendants.

CAROLYN MAE SAMS, Plaintiff, v. ARMOR CORRECTIONAL HEALTH SERVICES, INC., et al., Defendants.

Civil Action No. 3:19cv639

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

September 30, 2020

MEMORANDUM OPINION

This matter comes before the Court on six motions:

(1) Defendant Armor Correctional Health Services Incorporated's ("Armor") Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)¹ (the "Armor Motion to Dismiss"), (ECF No. 11);

(2) Defendants Tasheiba L. Cumbo, Brittany B. Harris, Cheryl A. Kelske's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "Armor Individual Defendants Motion to Dismiss"), (ECF No. 15);

(3) Defendant Pamunkey Regional Jail Authority's ("PRJA") Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "PRJA Motion to Dismiss"), (ECF No. 20);

(4) Defendants Tyonna S. Key, S. Robinson, N. Stith, K. Turner's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "PRJA Individual Defendants Motion to Dismiss"), (ECF No. 22);

(5) PRJA's Motion to Certify Question of State Law to the Supreme Court of Virginia (the "PRJA Motion to Certify"), (ECF No. 29);

(6) Defendant Maria M. Murrell's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "Murrell Motion to Dismiss"), (ECF No. 41).

Plaintiff Carolyn Mae Sams responded in opposition to the Armor Motion to Dismiss, (ECF No. 19), the Armor Individual Defendants Motion to Dismiss, (ECF No. 27), the PRJA Motion to Dismiss and the PRJA Individual Defendants Motion to Dismiss, (ECF No. 32), the Motion to Certify, (ECF No. 37), and the Murrell Motion to Dismiss, (ECF No. 43). Defendants replied, (ECF Nos. 26, 31, 38, 39, 44.)

The matter is ripe for disposition. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid in the decisional process. The Court exercises jurisdiction pursuant to 28 U.S.C. § 1331² and 28 U.S.C. 1367(a).³ For the reasons that follow, the Court will grant the Murrell Motion to Dismiss, (ECF No. 41), grant in part and deny in part the Armor Individual Defendants Motion to Dismiss and the PRJA Individual Defendants Motion to Dismiss (ECF Nos. 15, 22), and deny the Armor Motion to Dismiss, the PRJA Motion to Dismiss, and the PRJA Motion to Certify, (ECF Nos. 11, 20, 29.)

I. Factual and Procedural Background

This negligence, gross negligence, and 42 U.S.C § 1983⁴ action arises out of Defendants alleged failure to provide Plaintiff Carolyn Mae Sams with requested and necessary medical treatment while she was detained by the PRJA. Sams alleges that as a result of Defendants' failure, she suffered stroke, acute brain failure, and severe sepsis due to untreated endocarditis.

B. Factual Background⁵

On September 15, 2018, then 37-year-old Sams "suffered a stroke while being detained at [PRJA]." (Compl. ¶ 1, ECF No. 1.) "Emergency Department physicians who treated Ms. Sams observed that she suffered acute brain damage due to 'failed' treatment for severe sepsis due to endocarditis." (Id.) Sams alleges that in the days preceding her stroke "on at least six documented occasions" she "sought medical help from Defendants." (Id. ¶ 2.) Despite these repeated requests, Defendants "disregarded" Sams's "serious medical condition." (Id.)

1. The Defendants

The Court first offers an overview of the ten defendants in this action: Armor, Harris, Kelske, Cumbo, Murrell, PRJA, Robinson, Turner, Key, and Stith.

a. Defendant Armor Correctional Health Services Inc.

Armor "is a corporation organized under the laws of the State of Florida with its principal office in Miami, Florida, and with operations in Virginia." (Compl. ¶ 17.) "At relevant times hereto, beginning with . . . Sams's detention at [PRJA] in August 2018 and continuing through . . . Sam[s]'s stroke in September 2018, Armor had a contract with [PRJA]." (Id.) Pursuant to that contract, Armor "'under the supervision of the [Regional] Jail's Director of Medical Services,' assumed responsibility for the provision of on-site medical services to all inmates/detainees at [PRJA], including . . . Sams." (Id.) For inmates who require attention outside of the Regional Jail,⁶ the Medical Division "'also coordinates with local hospitals and medical providers for inmates to be seen.'" (Id.) "Armor and its employees/agents, at all relevant times, provided services to [PRJA] as an independent contractor." (Id.)

b. Defendant Harris, ARNP

Harris "is an advanced registered nurse practitioner ('ARNP'), who, at all relevant times, was working at the Regional Jail." (Compl. ¶ 18.) "At all relevant times, Harris . . . was an employee and/or agent of Armor acting within the scope of her employment and/or agency, and under color of state law." (Id.) Nurse Practioner Harris's job description includes the following tasks:

• Performs medical examinations and evaluations, diagnoses, treatment, follow-up consultation and health education.

• Manages patient's overall care• Obtains patient histories and develops patient care treatment plans...

• Supervises and/or coordinates the activities of patient care and/or support staff.

• Diagnoses and treats acute and chronic conditions.

• Prescribes medications and other treatments.

• Participates in planning programs and in developing specific health policies and procedures.

(Id.) Harris "is sued in her individual capacity." (Id.)

c. Defendant Kelske, EMT-B

Kelske "is an emergency medical technician [EMT], who, at all relevant times, was working at the Regional Jail." (Compl. ¶ 19.) "At all relevant times, Kelske . . . was an employee and/or agent of Armor acting within the scope of her employment and/or agency, and under color of state law." (Id.) EMT Kelske's Armor job description reflects that her "'Essential Functions'" are: "'[p]erforms initial assessment and management of illness or injury . . . and '[p]rovides direct paramedical and comprehensive patient care, as required in each individual case.'" (Id.) Kelske, like Harris, "is sued in her individual capacity." (Id.)

d. Defendants Cumbo & Murrell, LPNs

Nurses Cumbo and Murrell "were, at all relevant times, licensed practical nurses [LPNs] working at the Regional Jail." (Compl. ¶ 20.) "At all relevant times . . . Cumbo . . . and Murrell . . . were employees and/or agents of Armor acting within the scope of their employment and/or agency, and under color of state law." (Id.) Cumbo and Murrell's Armor job descriptions include the following tasks:

• Assists health care providers, registered nurses . . . with examinations, treatments, special tests and routine procedures

• Obtains patient health history, . . . vital signs . . .

• Ensures patient is receiving proper care for injury or condition.

• Reviews patient chart; records and reports observed symptoms, reactions, treatments, and changes in patient's conditions.

(Id.) Both Cumbo and Murrell "are sued in their individual capacities." (Id.) Sams asserts that in accordance with Virginia law, LPNs such as Nurses Cumbo and Murrell are

not permitted in Virginia to independently assess patients or render a nursing diagnosis or nursing opinion of a patient's symptoms and potential problems a patient may face. LPNs must always act under the supervision and direction of a registered nurse (RN) (who can make such an assessment) or a physician/nurse practitioner (who has a wider scope of practice and can actually medically diagnose as well). See 18 [Va. Admin. Code] 90-19-70. Supervision of Licensed Practical Nurses. "Licensed practical nursing shall be performed under the direction or supervision of a licensed medical practitioner, a registered nurse, or a licensed dentist." However, the records indicate that LPNs saw . . . Sams alone.

(Compl. 13 n.3.)

e. Defendant PRJA

PRJA "is a jail authority created by Hanover County, Caroline County, and the Town of Ashland, Virginia pursuant to Va. Code §§ 53.1-95.2 et seq.⁷ to manage the Pamunkey Regional Jail." (Compl. ¶ 22.) The Regional Jail, located in Hanover County, Virginia, contains 519 beds. (Id.) A Hanover County website for the PRJA states that PRJA "'is administered and operated by an independent governmental body called the Pamunkey Regional Jail Authority, which is authorized according to the Virginia Code' and that '[t]he Pamunkey Regional Jail Authority directs the growth, operation, and business activities of the jail and has served the local incarceration needs of its member localities of Hanover County, Caroline County and the Town of Ashland since 1998.'" (Id.)

"At all times while . . . Sams was in custody at the Regional Jail, the [PRJA] had the duty to provide adequate care to . . . Sams." (Id. ¶ 22(h).) Specifically, the PRJA "was required to comply with Section 53.1-126 of the Code of Virginia, which states that, with regard to detainees/inmates, '. . . medical treatment shall not be withheld for any . . . serious medical needs, or life threatening conditions.'" (Id.) Under Va. Code § 53.1-95.7, the PRJA is empowered to '"[t]o appoint, select, and employ officers, agents, and employees ... and to fix their respective compensations[.]"⁸ (Id. ¶ 22(g).) The PRJA employs Defendant Correctional Officers S. Robinson, K. Turner, Tyonna S. Key, and N. Stith. (Id.)

f. Defendant Correctional Officers Robinson & Turner

The PRJA employs S. Robinson and K. Turner as correctional officers. (Compl. ¶ 23.) As correctional officers, Robins and Turner are "responsible for maintaining the custody and care" of detainees and inmates at the Regional Jail. (Id.) According to their PRJA job descriptions, correctional officers "'perform[] routine duties to provide the safety and security of incarcerated inmates . . .'" (Id. ¶ 25.) The "'Essential Functions'" of the correctional officer position includes "'[c]ontrol and monitor housing areas . . . monitor inmate behavior and activity . . . . [r]espond to emergency situations or codes...