United States District Court, D. Kansas
SHERMAINE WALKER, individually and as administrator of the estate of Marques Davis, deceased, et al., Plaintiffs,
CORIZON HEALTH, INC., formerly known as Correctional Medical Services, et al., Defendants.
MEMORANDUM AND ORDER
D. Crabtree United States District Judge
April 13, 2017, inmate Marques Davis died while he was in the
custody of the Kansas Department of Corrections and housed at
the Hutchinson Correctional Facility in Hutchinson, Kansas.
Plaintiffs Shermaine Walker (as administrator of Mr.
Davis's estate) and I.D.F. (as a minor and heir at law of
Mr. Davis) bring this lawsuit against various entities and
individuals who, plaintiffs allege, denied Mr. Davis access
to adequate and competent medical care to evaluate and treat
a serious medical condition. Plaintiffs assert that
defendants' disregard for Mr. Davis's serious medical
condition caused him to endure an untreated and progressively
debilitating neurological condition for nearly eight months
before dying a horrible and preventable death.
matter comes before the court on a motion by just one of the
defendants. On June 29, 2018, defendant Sohaib Mohiuddin,
M.D., filed a Motion to Dismiss. Doc. 41. Dr. Mohiuddin's
motion asks the court to dismiss plaintiffs' claims
against him under Federal Rule of Civil Procedure 12(b)(1)
for lack of subject matter jurisdiction and Federal Rule of
Civil Procedure 12(b)(6) for failing to state a claim.
20, 2018, the parties filed a Joint Motion asking the court
to permit Dr. Mohiuddin to file an Amended/Supplemental
Suggestions in Support of his Motion to Dismiss and to extend
plaintiffs' time for responding to the motion. Doc. 47.
The court granted the parties' request in part. Doc. 48.
Specifically, the court granted Dr. Mohiuddin's request
to file an Amended/Supplemental Suggestions in Support of his
previously filed Motion to Dismiss but denied the motion to
the extent he was seeking to file a supplement that-when
combined with his Memorandum in Support of his original
Motion to Dismiss-would exceed the page limitations
established by D. Kan. Rule 7.1(e). Rule 7.1(e) provides that
“[t]he arguments and authorities section of briefs or
memoranda must not exceed 30 pages absent a court
order.” On July 30, 2018, Dr. Mohiuddin filed another
Memorandum in Support of his Motion to Dismiss. Doc. 49.
Plaintiffs then filed a Response and Suggestions in
Opposition to the Motion to Dismiss. Doc. 56. And Dr.
Mohiuddin submitted a Reply. Doc. 59.
Mohiuddin's original Motion to Dismiss includes 24 pages
of Arguments and Authorities. Doc. 42 at 3-26. His
Amended/Supplemental Suggestions in Support of his Motion to
Dismiss consists of 26 pages of Arguments and Authorities.
Doc. 49 at 4-29. On closer inspection, the court finds many
similarities in the two filings. Most of the arguments
asserted in the two filings are identical, but they appear in
a different order in Dr. Mohiuddin's second filing. Dr.
Mohiuddin's chosen method for proceeding with his motion
practice is needlessly inefficient, and it has complicated
the court's effort to understand his arguments. It has
required the court to parse through the two filings to
determine if they differ, and, if so, how they differ. And
this practice either violated or came close to violating the
court's explicit order that Dr. Mohiuddin could not
supplement a brief that-when combined with his original
filing-exceeds the page limitations established in the
court's local rules. The court even considered striking
Dr. Mohiuddin's Motion to Dismiss for violating the
court's order. But exercising its discretion, the court
declines to do so, preferring to consider the motion on its
court thus considers the parties' arguments directed at
the Motion to Dismiss in the following subsections. And for
reasons explained, the court grants Dr. Mohiuddin's
Motion to Dismiss in part and denies it in part.
following facts come from plaintiffs' Amended Complaint
(Doc. 4), and the court must view them in the light most
favorable to plaintiffs. S.E.C. v. Shields, 744 F.3d
633, 640 (10th Cir. 2014) (“We accept as true all
well-pleaded factual allegations in the complaint and view
them in the light most favorable to the [plaintiffs].”
(citation and internal quotation marks omitted)).
March 12, 2010, Mr. Davis was sentenced to serve time in the
Kansas penal system. In June 2016, Mr. Davis was transferred
to the Hutchison Correctional Facility (“HCF”).
Before he arrived at HCF, plaintiff was a healthy 27-year-old
Mr. Davis was housed at HCF, the Kansas Department of
Corrections contracted with defendant Corizon Health, Inc.
(“Corizon”) to provide medical care to HCF
inmates. Defendant Sohaib Mohiuddin, M.D., is a licensed
medical doctor. During times relevant to this lawsuit,
Corizon employed Dr. Mohiuddin to provide medical care to HCF
and August 2016, Mr. Davis began experiencing numbness in his
feet, weakness of his right leg, and severe mid-back pain.
Mr. Davis reported his symptoms to many Corizon healthcare
providers at the HCF medical unit. By September 2016, Mr.
Davis's symptoms had worsened. During that month, Mr.
Davis made about 12 visits to the HCF medical unit
complaining about numbness in his feet, weakness in his right
leg, severe mid-back pain, and an increasing inability to
walk. He reported to medical staff: “I can barely walk
on my right leg.” Doc. 4 at 14 (First Am. Compl. ¶
37). Mr. Davis's numbness became so severe he fell in his
cell block on September 5, 2016. Afterwards, Mr. Davis began
falling repeatedly because of worsening numbness in his lower
extremities. In response to Mr. Davis's symptoms,
healthcare providers prescribed Tylenol and ordered a lumbar
x-ray. But also, they documented their belief that Mr. Davis
was faking his symptoms.
Davis continued to experience the same symptoms through
October 2016. During that month, Mr. Davis made eight visits
to the HCF medical unit complaining of those symptoms. On
October 25, 2016, healthcare providers recorded that Mr.
Davis's limping was now “very visible and that he
has some muscle weakness in his right lower extremity.”
Id. at 15 (First Am. Compl. ¶ 44). That same
day, a Corizon nurse documented that Mr. Davis needed a
referral for an MRI.
October 31, 2016, a Corizon physician noted that Mr. Davis
had muscle weakness in his right leg and numbness in both
feet. Also, the physician documented that Mr. Davis's
muscle strength and range of motion were impaired and that he
“has lost vibration test in right leg . . . Raising the
right leg by his muscle strength is impaired to 30
degrees.” Id. (First Am. Compl. ¶ 46).
Davis continued to experience numbness in his feet, weakness
of his right leg, severe mid-back pain, and an increasing
inability to walk. In November 2016, Mr. Davis made five
visits to the HCF medical unit to complain about his
symptoms. And, in December 2016, Mr. Davis made another eight
visits to the HCF medical unit. On December 15, 2016, Mr.
Davis began complaining about other symptoms in addition to
his previous chronic complaints. His new symptoms included
pain, numbness, and itching in his arms that radiated down
his arms from his elbows to his fingertips. About two weeks
later, Mr. Davis visited the HCF medical unit and reported
“it feels like something is eating my brain.”
Id. at 16 (First Am. Compl. ¶ 57). Corizon
healthcare providers documented that Mr. Davis's
inability to walk was getting more severe, he was
experiencing dizziness, and he was having hot sweats.
January 5, 2017, Mr. Davis reported during a visit to the HCF
medical unit, “now my hands are going numb.”
Id. at 17 (First Am. Compl. ¶ 62). In response
to his complaints, healthcare providers continued to provide
Tylenol to Mr. Davis. On January 19, 2017, Mr. Davis passed
out while trying to use the phone. He was placed in the
infirmary for observation of his symptoms which included
fainting, weakness, tingling and numbness in the extremities,
and difficulty walking. Healthcare providers prescribed Mr.
Davis prednisone for 10 days but didn't document any
Davis remained in the infirmary under observation. On
February 5, 2017, healthcare providers documented that they
were going to pursue a neurology consult for Mr. Davis. He
never received the consult. During Mr. Davis's infirmary
stay, he continued to ask healthcare providers what was wrong
with his body. Mr. Davis's medical records include no
response to his questions. Instead, many healthcare providers
documented, once again, their belief that Mr. Davis was
faking his illness. And the only treatment they provided Mr.
Davis was Tylenol, prednisone, and constipation medicine. On
February 14, 2017, Mr. Davis was released from the infirmary.
February 21, 2017, Mr. Davis returned to the medical unit for
a follow-up visit. During this visit, Mr. Davis complained
about numbness in his feet, weakness of his right leg, severe
mid-back pain, an increasing inability to walk, numbness in
his hands, dizziness, and persistent headaches. Healthcare
providers documented that they weren't approving a
neurology consult. Also, they documented that an EKG
performed during the visit was abnormal. They did not
memorialize any other action.
February 23, 2017, a corrections officer brought Mr. Davis to
the HCF medical unit. Mr. Davis was having vision problems
along with his previous symptoms. During this visit,
healthcare providers documented that Mr. Davis was
“dizzy and unsteady on his feet.” Id. at
18 (First Am. Compl. ¶ 72). Also, healthcare providers
documented that Mr. Davis was having trouble tracking with
his eyes, sluggish pupillary reaction, and erratic eye
movement. On February 27, 2017, Mr. Davis again reported to
the infirmary. He complained primarily about dizziness. He
was discharged 23 hours later.
March 2017, Mr. Davis's condition declined even more. He
continued to suffer from numbness in his feet, weakness of
his right leg, severe mid-back pain, an increasing inability
to walk, numbness in his hands, dizziness, vision problems,
and migraines. Yet many healthcare providers continued to
document that Mr. Davis was faking his symptoms On March 25,
2017, Mr. Davis made an emergency visit to the HCF medical
unit. A nurse documented that Mr. Davis “also reports
dizziness, balance disturbances, and decreased vision to
right eye. Fingers to hands are stiff and bent in abnormal
directions. Arms shake uncontrollably.” Id. at
19 (First Am. Compl. ¶ 76). Medical staff released him
from the infirmary that same day.
hours later, Mr. Davis was found lying on the floor outside
his cell. He again was taken to the medical unit. Healthcare
providers documented that Mr. Davis was complaining of
dizziness and noted visible trembling in both of his arms.
They admitted him to the infirmary and gave him a dose of
Tylenol. Immediately after Mr. Davis's admission to the
infirmary, healthcare providers documented that his
“whole body is shaking.” Id. (First Am.
Compl. ¶ 77).
next day, Mr. Davis's condition worsened. Mr. Davis still
was suffering from numbness in his feet, weakness of his
right leg, severe mid-back pain, an increasing inability to
walk, numbness in his hands, dizziness, vision problems, and
migraines. Also, Mr. Davis began acting erratically and
uncharacteristically. He needed assistance using the toilet
and began urinating in cups and his water pitcher. Because of
Mr. Davis's bizarre behavior, staff moved him to an
isolation cell within the infirmary.
March 31, 2017 and April 12, 2017, Mr. Davis showed symptoms
of incontinence. Frequently, he urinated and defecated on
himself, making no attempt to clean up after himself. He
became increasingly confused, and he began slurring his
speech, talking incoherently, and drinking his own urine. Mr.
Davis had lost a noticeable amount of weight and was eating
only small amounts of his meals.
April 11, 2017, Mr. Davis finally received an MRI. It showed
a widespread infection throughout his brain and evidence of
tonsillar herniation (swelling of the brain). After learning
the results of Mr. Davis's MRI, Corizon healthcare
providers-including Dr. Mohiuddin- refused to order Mr.
Davis's immediate hospitalization. Instead, Mr. Davis was
returned to his isolation cell within the infirmary.
12:25 p.m. on April 12, 2017, Mr. Davis went into
cardio-pulmonary arrest. Nearly 17 minutes later, healthcare
providers began administering CPR and notified EMS. EMS
transported Mr. Davis to Hutchinson Regional Medical Center.
There, Mr. Davis was declared brain dead. A brain CT was
performed at Hutchinson Regional Medical Center. It confirmed
tonsillar herniation. Also, it showed that Mr. Davis had no
hope for recovery.
April 13, 2017, Mr. Davis died after his life support was
terminated. An autopsy revealed that Mr. Davis had a case of
far advanced Granulomatous Meningoencephalitis, involving his
lungs, liver, kidney, and brain.
Motion to Dismiss for Lack of Subject ...