Taylor v. Armor Corr. Health Servs.
| Decision Date | 21 July 2021 |
| Docket Number | Civil Action 20-cv-01406-WJM-NYW |
| Parties | CLIFFORD J. TAYLOR, Plaintiff, v. ARMOR CORRECTIONAL HEALTH SERVICES, INC., SHERIFF JUSTIN SMITH, in his individual and official capacities, THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF LARIMER, CAPTAIN TIMOTHY PALMER, AMANDA JARMAN, DR. KEITH MCLAUGHLIN, DAYLA COOK, KYRA HARMON, LYNETTE HOISINGTON, ALEX MAHLOCH, JESSINA MORSE, LYNN SCHULTZ, LEAH OAKLEY, CAROLYN PEISERT, CHEYENNE PALMER, KATIE WENZEL, and MICHELLE WILSON, Defendants. |
| Court | U.S. District Court — District of Colorado |
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This matter comes before this court on Larimer County Defendants' Motion to Dismiss Pursuant to Fed.R.Civ.P 12(b)(6) [#46, [1] filed August 31, 2020] and Armor Defendants' Motion to Dismiss Plaintiff's Amended Complaint Pursuant to F.R.C.P. 12(b)(6) [#47, filed August 31, 2020] (collectively, the “Motions” or “Motions to Dismiss”). This court considers the Motions pursuant to 28 U.S.C. § 636(b), the Amended Order Referring Case dated June 29, 2021 [#102], and the Memorandum dated June 29, 2021 [#103]. The court concludes that oral argument will not materially assist in the resolution of these matters.[2] Accordingly, upon review of the Motions, their respective briefing, applicable case law, and the entire case file, I respectfully RECOMMEND that the Motions to Dismiss [#46; #47] be GRANTED and that Plaintiff's claims be DISMISSED without prejudice.
The court draws the following facts from the Amended Civil Rights Complaint and Jury Demand (the “Amended Complaint”) [#38] and presumes they are true for purposes of the Motions to Dismiss. In July of 2017 Plaintiff Clifford Taylor (“Mr. Taylor” or “Plaintiff”) was involved in an accident which caused, among other injuries, a distal left radial and ulnar fracture and radial artery rupture in his left forearm. [#38 at ¶ 38]. Mr. Taylor underwent surgery at Denver Health and was directed to be seen by his Denver Health doctors “every few months” to monitor his healing progress. [Id. at ¶¶ 40-42].
Throughout 2017 to 2018, Defendant Armor Correctional Health Services Inc. (“Armor”) provided medical care to prisoners and detainees at the Larimer County Jail (“LCJ”). [Id. at ¶¶ 3, 334]. On March 11, 2018, Mr Taylor was arrested and placed in the custody of the LCJ.[3] [Id. at ¶ 58]. Defendant Lynn Schultz (“Nurse Schultz”), an LCJ nurse, conducted Plaintiff's medical intake. [Id. at ¶ 58]. Mr. Taylor informed Nurse Schultz of his recent surgery and stated that he would need to be seen soon at Denver Health for continuing care. [Id.]. Nurse Schultz noted in the medical record that Mr. Taylor had undergone multiple surgeries within the last 30 days and noted Mr. Taylor's arm injury as a “chronic-care condition.” [Id.]. Nurse Schultz obtained a Denver Health release of information from Mr. Taylor. [Id. at ¶ 59].
On March 19, 2018, Mr. Taylor reported a rash on his left arm to an unnamed LCJ nurse. [Id. at ¶ 63]. The nurse noted the rash in in Mr. Taylor's jail medical records prescribed Mr. Taylor a hydrocortisone cream, and instructed Mr. Taylor to increase his hydration and avoid irritants. [Id. at ¶¶ 63-64]. On March 21, 2018, an unnamed medical assistant conducted a health assessment of Mr. Taylor and noted a possible abscess on his left arm. [Id. at ¶ 65]. Antibiotics were ordered for Mr Taylor, [4] the use of which was discontinued ten days later. [Id. at ¶ 66]. In March of 2018, Defendants Carolyn Peisert (“Nurse Peisert”), Cheyenne Palmer (“Nurse Palmer”), [5] and Kyra Harmon (“Nurse Harmon”) all personally delivered Mr. Taylor antibiotics for an abscess to his left arm. [Id. at ¶ 68].
On April 2, 2018, Mr. Taylor was seen by Defendant Keith McLaughlin (“Dr. McLaughlin”), at which point Mr. Taylor informed Dr. McLaughlin about his injuries, pain, and discomfort and that he believed he should be seen by the specialists at Denver Health to evaluate his arm. [Id. at ¶ 69]. Dr. McLaughlin prescribed Mr. Taylor a pain medication, but did not contact anyone at Denver Health concerning Plaintiff's arm. [Id. at ¶ 70]. Also in April 2018, Mr. Taylor had medical appointments with Defendant Katie Wenzel (“Nurse Practitioner Wenzel”); at these appointments, Mr. Taylor reported his arm pain and discomfort and told Nurse Practitioner Wenzel that he thought he should be seen by specialists at Denver Health. [Id. at ¶ 73].
Throughout the month of May 2018, Mr. Taylor had medical visits with Nurse Schultz, Nurse Palmer, Defendant Alex Mahloch (“Nurse Mahloch”), Nurse Peisert, and Defendant Jessina Morse (“Nurse Morse”), at which time these Defendants assessed Plaintiff's wound. See, e.g., [id. at ¶¶ 74, 77, 80, 84, 88]. Mr. Taylor told Nurse Schultz and Nurse Morse that he needed to go to Denver Health to receive treatment for his arm, [id. at ¶ 75, 90], and asked Nurses Palmer, Mahloch, and Peisert that his providers at Denver Health be contacted and that he receive medical care outside of LCJ. [Id. at ¶¶ 78, 82, 85]. In addition, Mr. Taylor reported the pain, discomfort, discharge, and heat in his arm to Nurses Palmer, Mahloch, Peisert, and Morse. [Id. at ¶¶ 93, 98, 102, 109]. None of these Defendants contained Denver Health, prescribed antibiotics, or sought specialized care for Mr. Taylor. [Id. at ¶¶ 76, 79, 83, 87, 91].[6] In addition, Nurse Peisert “falsely reported in Mr. Taylor's medical records that on May 18, 2018, there were no signs of infection” present on Mr. Taylor's arm despite the fact that, on that date, “Mr. Taylor's left forearm showed clear signs of infection.” [Id. at ¶ 86].
Similar circumstances persisted in the following months. In June 2018, Nurses Mahloch, Morse, Schultz, and Palmer, as well as Defendant Lynette Hoisington (“Nurse Hoisington”) and Defendant Dayla Cook (“Nurse Cook”), delivered medications to Mr. Taylor. [Id. at ¶¶ 130-35]. At each of these medication administrations, Mr. Taylor informed the nurse about the worsening condition of his arm and stated he needed to go to Denver Health or see some other medical professional who could treat his arm. [Id. at ¶ 136]. None of these Defendants contacted Denver Health or any outside medical specialist. [Id. at ¶ 137]. Additionally, Mr. Taylor received medications from Nurses Mahloch, Morse, Hoisington, Schultz, Harmon, Palmer, and Cook in July 2018. [Id. at ¶¶ 140-46]. Again, Mr. Taylor complained of his worsening condition at each of the medication administrations and asked to see outside specialists or his doctors at Denver Health, but none of the Defendants who delivered medication in July contacted outside help. [Id. at ¶¶ 147-48]. Mr. Taylor asserts similar allegations arising out of August, [7]September, [8] and October 2018.[9]
Meanwhile, Mr. Taylor's condition was worsening; in August 2018, his “arm took another sharp turn for the worse, ” his condition causing severe nausea, fever, chills, weight loss, and sleeplessness. [Id. at ¶ 150]. On August 26, 2018, Mr. Taylor reported to Nurse Harmon that his seeping wound had been present for months and was not improving, and informed Nurse Harmon of his symptoms. [Id. at ¶ 154]. Nurse Harmon spoke with Dr. McLaughlin about Plaintiff's condition, and Dr. McLaughlin ordered a ten-day dose of antibiotics and a week-long dose of Bacitracin, which is an over-the-counter antibiotic ointment “intended for the treatment of minor cuts and scrapes.” [Id. at ¶¶ 155-57]. Neither Dr. McLaughlin nor Nurse Harmon contacted Plaintiff's physicians at Denver Health. [Id. at ¶ 158]. Later, Mr. Taylor separately saw Nurses Oakley and Cook for his infection, reported that his wound was not improving, and asked to see his Denver Health doctors. [Id. at ¶¶ 159, 162, 166]. Nurse Oakley then “falsely documented” that Mr.
Taylor's arm had no drainage and “falsely reported” that Mr. Taylor refused wound care; Nurse Cook “falsely wrote” that Mr. Taylor thought a Band-Aid was sufficient for his wound and did not want a dressing change. [Id. at ¶¶ 160, 163]. Nurse Cook did note that the drainage coming from Mr. Taylor's wound was purulent and that its odor “suggest[ed] infection.” [Id. at ¶ 168]. Neither nurse contacted Denver Health. [Id. at ¶¶ 161, 164, 169]. In addition, on August 31, 2018, Nurse Practitioner Wenzel and Nurse Morse spoke with Mr. Taylor about his wound; Mr. Taylor reported to both Defendants of his pain and infection and asked to see his team at Denver Health; Nurse Practitioner Wenzel and Nurse Morse did not contact Denver Health or any outside medical specialist. [Id. at ¶¶ 176-79].
In September 2018, Mr. Taylor's condition continued to worsen. [Id. at ¶ 199]. Mr. Taylor spoke with both Nurse Hoisington and Nurse Cook about his wound, informing them of the pain and infection and asking to be seen at Denver Health. [Id. at ¶¶ 191-92]. Nurse Hoisington measured the wound and Nurse Cook put Bacitracin on the wound, but neither nurse contacted Denver Health. [Id.]. On September 5, 2018, Nurse Practitioner Wenzel ordered that Mr. Taylor stop receiving dressing changes and told Mr. Taylor that he could cover his wound with a Band-Aid. [Id. at ¶¶ 197-98]. Although Mr. Taylor informed Nurse Practitioner Wenzel of his worsening condition, including that his wound was hot, swollen, tender, draining discharge, and causing “immense pain, ” Nurse Practitioner Wenzel did not contact Denver Health or “seek any other urgent medical care for Mr. Taylor's infection.” [Id. at ¶ 199].
On October 3, 2018, Mr. Taylor declared a medical emergency after he was kept awake throughout the night vomiting. [Id. at ¶ 211]. Mr. Taylor was then seen by Defendant Michelle Wilson (“Medical Assistant Wilson”). [Id. at ¶ 212]. He reported to Medical Assistant Wilson that he had...
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