United States District Court, S.D. Indiana, Terre Haute Division
ADAM CRANDALL BLEEKE DILLON CRANDALL ATTORNEYS
ORDER GRANTING IN PART DEFENDANTS' MOTIONS FOR
PARTIAL JUDGMENT ON THE PLEADINGS
JANE MAGNUS-STINSON, CHIF JUDGE
Chris Kyner's amended complaint asserts that he injured
his face in a fall when he was housed at the New Castle
Correctional Facility and that he received constitutionally
inadequate care for his injuries from the defendants.
defendants move for partial judgment on the pleadings arguing
that certain of Mr. Kyner's claims are barred by the
statute of limitations.
Standard of Review
the pleadings are closed but early enough not to delay trial,
a defendant may move for judgment on the pleadings for reason
that a complaint fails to state a claim upon which relief can
be granted. Fed.R.Civ.P. 12(c). A motion for judgment on the
pleadings is governed by the same standards as a motion to
dismiss for failure to state a claim under Rule 12(b)(6).
Adams v. City of Indianapolis, 742 F.3d 720, 727-28
(7th Cir. 2014). The complaint must state a claim to relief
that is plausible on its face. Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007). A claim has factual
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged. Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009). A reviewing court
draws all reasonable inferences and facts in favor of the
non-movant, but need not accept as true any legal assertions.
Vesely v. Armslist LLC, 762 F.3d 661, 664-65 (7th
Kyner is currently incarcerated at the Wabash Valley
Correctional Facility, but has sued certain medical providers
based on care that he received while at New Castle
Correctional Facility. Those defendants are Dr. Loveridge,
Deanna Hauri, Jane Gregory, Nicole Davis, Megan Miller, and
Meranda Vicente. Mr. Kyner filed his original Complaint on
August 3, 2017. In his original Complaint, he identified as
defendants Dr. Loveridge, Deanna Hauri, Jane Gregory, Nicole
Davis, and Meranda Vicente. On December 6, 2017, Mr. Kyner
filed an amended complaint which added Megan Miller as a
following facts are as pleaded in Mr. Kyner's amended
complaint, dkt. 35, and are assumed to be true for the
purposes of this Order only.
9, 2015, Mr. Kyner slipped and fell on the right side of his
face. As a result, several hard-plastic objects were imbedded
in his face, although he initially did not realize this. It
was not until June 12, 2015, that Mr. Kyner noticed a small
object in the right side of his jaw and some numbness on the
right side of his face. On that day, he hand-delivered a
health services request to the nursing staff during rounds in
his unit. He requested to be x-rayed as soon as possible and
to have any objects removed.
14, 2015, the numbness in Mr. Kyner's right face had
expanded and he experienced swelling. He handed a request
seeking emergency medical care to Nurse Hauri on the evening
of June 14, 2015, and verbally told her of his complaints.
Nurse Hauri allegedly acknowledged that Mr. Kyner had
swelling and a possible infection in his face, but Nurse
Hauri ignored the symptoms, and told him to submit another
request. After speaking with Nurse Hauri, Mr. Kyner alleges
that he developed escalating pain in his right cheek and he
had difficulty sleeping or lying down on the right side.
15, 2015, Mr. Kyner attended a sick call appointment with a
Nurse Vicente. He advised her of his symptoms, including the
pain, and the presence of foreign objects in his face. He
also told her he suspected an infection and requested pain
medication and antibiotics. Nurse Vicente allegedly refused
to physically examine him, but acknowledged the possible
infection, swelling, and mobile objects in his right cheek.
She denied his requests for medication and advised him he
would be scheduled for “this Thursday” - June 18,
2015 - with the onsite practitioner.
he claims it was not accurately documented in the record, Mr.
Kyner claims his pain worsened with swelling and itching. He
apparently did not see anyone on June 18, 2015, so he
submitted another request for medical treatment. On June 23,
2015, Nurse Vicente responded to the request in writing,
advising him that his appointment had been rescheduled to
July 2, 2015. On June 22, 2015, Nurse Hauri repeated this
statement to Mr. Kyner as well. He continued to inform the
nursing staff that he was experiencing pain, difficulty
sleeping, and the inability to lie on the right side of his
face. By June 27, 2015, Mr. Kyner's face had become very
swollen, painful, numb, and itchy. He reported these issues
to various nurses.
Loveridge saw Mr. Kyner on July 2, 2015. Mr. Kyner related to
the doctor his history of injury, severe, ongoing pain,
worsening numbness, and swelling since the night of June 14,
2015. During the physical evaluation, Dr. Loveridge felt an
object in Mr. Kyner's right upper gums and another three
centimeters under the right eye. These were mobile and tender
to move. Dr. Loveridge noted that Mr. Kyner had atypical face
pain, mild erythema, and edema. Mr. Kyner claims Dr.
Loveridge also acknowledged a possible infection but did not
note it in his records. Dr. Loveridge told Mr. Kyner he would
be set for an x-ray on Monday, July 6, 2015, but he would
likely need to reopen the laceration and remove the ...