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Pennington v. Kansas University Medical Center Research Institute, Inc.

United States District Court, D. Kansas

May 24, 2018

BRUCE CLEMENT PENNINGTON, JR., Plaintiff,
v.
KANSAS UNIVERSITY MEDICAL CENTER RESEARCH INSTITUTE, INC., et al., Defendants.

          MEMORANDUM AND ORDER

          JOHN W. BROOMES, UNITED STATES DISTRICT JUDGE

         Plaintiff filed this action against a multitude of defendants alleging that medical devices were implanted in him without his knowledge. The court previously dismissed a number of claims and defendants. The matter is now before the court on the following:

(1) Defendant Medtronic PLC's Motion to Dismiss and Brief (Docs. 26, 27); Plaintiff's Response (Doc. 35); Medtronic PLC's Reply (Doc. 40); and Medtronic PLC's Motion to Strike (Doc.38);
(2) Defendant Wesley Hospital's Motion to Dismiss and Brief (Docs. 28, 29); Plaintiff's Response (Doc. 36); and Wesley's Reply (Doc. 41);
(3) Defendants Gray-Little, et al., Motion to Dismiss (Doc. 30); Plaintiff's Response (Doc. 37); and Defendants' Reply (Doc. 42).

         I. Background

         Plaintiff's pro se complaint contains difficult-to-decipher allegations. Among other things, it alleges that Dr. Bruce Albright, a cranial and facial surgeon in Hutchinson, Kansas, claimed that Plaintiff owed him $2, 500. After Plaintiff refused to pay, Dr. Tony Wilbeck, a friend of Albright's, allegedly showed up at Plaintiff's house and said he was there to negotiate on Albright's behalf and to offer Plaintiff a “chance to either be driven insane or ‘make millions.'” (Doc. 1 at 10.) Wilbeck allegedly told Plaintiff “they could have their research friends stick devices in me and anyone I loved and that I and my woman would end up dead or in an institution.” (Id.). When Plaintiff got mad, Wilbeck allegedly offered him a chance to get rich by investing $100, 000 with Wilbeck and Albright in a KU Medical Center research study. Plaintiff “told him to get out.” (Id.).

         Plaintiff alleges that at 12:30 a.m. on June 30, 2015, “several men in KUMC scrubs” and several firefighters “invaded our home” while Plaintiff and his family were sleeping, and when Plaintiff resisted they stuck a needle in his arm and injected something that caused him to pass out. (Id. at 11-12.) Plaintiff alleges his home was robbed of numerous items, including “over $100, 000 in tools” and “10 vehicles worth over $100, 000, ” and $20, 000 was charged to an account in his name. (Id. at 13-14.)

         Plaintiff alleges that the Kansas University Medical Center Research Institute (“KUMCRI”) and others “have been working with Medtronic Inc. on a series of Research studies called the Medtronic Bio Initiative, the Obama Brain Initiative, ” and other initiatives, which involve “manipulation and altering of the human mind using frequency based and milla amp [sic] stimulation of the Human Brain.” These studies are allegedly “practiced and taught by the Defendants on unwilling and … unaware victims” including Plaintiff. (Id. at 15-16). Plaintiff considers these surgeries to be “assault with deadly weapons, Rape, Terrorism, torture and [trafficking] in Human flesh.” (Id. at 13.)

         Plaintiff alleges that numerous “medical [telemetric] and [neurological] prosthetic Devices [have been] implanted in” he and his family by Dr. Albright and his KU Med Center Research “associates … via unauthorized/illegal surgeries.” (Id. at 17.) The devices use radio waves to broadcast personal data about Plaintiff. Plaintiff also alleges that, without consent or need, he has been implanted with cochlear electrodes for brain mapping and stimulation, as well as other devices, and “Defendants continued causing injury and pain … using over stimulation of the Cochlear electrodes to induce pain” and other effects. (Id. at 19.) He alleges the defendants “continued stalking [him]” to Colorado “using mental manipulation and medical radio communication to attempt to induce psychosis and [permanent] harm….” (Id. at 20.)

         Plaintiff alleges he and other family members “are incarcerated due to lies and manipulation and Retaliation of the Defendants.” (Id. at 21.) He further alleges that KUMCRI employees harassed him after the birth of his daughter at Wesley Medical Center, making him leave the hospital at gun point by armed guards after a nurse claimed she felt scared. He alleges that after his daughter was released, she had a small protrusion on the back of her head that was not there when she was born. (Id. at 22.)

         The complaint alleges that defendant Bernadette Gray-Little is the “Chancellor of Kansas University Medical Center Research, ” that defendant Dr. Gregory Kopf is the Associate Vice Chancellor, that defendant Paul Tarranova is a Vice Chancellor, and that they are all responsible for the actions of KUMCRI. (Doc. 1 at 7-8.) The complaint identifies “Medtronic Public Limited Company” as a defendant (Doc. 1 at 2), although it mentions “Medtronic, Inc.” in one allegation, and it generally refers simply to “Medtronic.” Plaintiff asks for $2 million in compensatory damages and $500 million in punitive damages against each defendant. (Id. at 30.)

         Magistrate Judge Gale previously granted Plaintiff's motion to proceed in forma pauperis, but recommended dismissal of a number of defendants and claims. (Doc. 10.) Judge Melgren adopted the recommendation. (Doc. 12.) The court thereby dismissed Plaintiff's claims for assault, kidnapping, robbery, torture, theft of intellectual property, and violation of religious rights (Doc. 10 at 18.) It also dismissed approximately thirty defendants named in the complaint. The order did not dismiss Plaintiff's claims for violation of the Electronic Communications Privacy Act (“ECPA”) and violation of the “right to equality, ” and it identified the following defendants as remaining in the suit: Dr. Albright, Dr. Gray-Little, Dr. Kopf, and Dr. Tarranova (all in their official capacities); KUMCRI; Medtronic Public Limited Company; and Wesley Hospital. (Doc. 10 at 18-19.)

         II. ...


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