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Kyner v. Loveridge

United States District Court, S.D. Indiana, Terre Haute Division

July 18, 2018

CHRIS KYNER, Plaintiff,
BENJAMIN R. LOVERIDGE, et al. Defendants.



         I. Motion to Amend and Supplement Original Response Brief

         Plaintiff Chris Kyner's motion to amend and supplement original response brief, dkt. [83], is granted to the extent the Court shall construe the response brief to be a surreply. The Court appreciates Mr. Kyner's efforts to shorten his responsive brief. However, the Court does not appreciate Mr. Kyner's attempt to circumvent the page limits by shoehorning 25 additional pages by “adopt[ing] by reference the content [of] pages 3 thru 28 of Doc. 76, ” particularly where Mr. Kyner is merely repeating the “well-pleaded facts from Plaintiff's amended complaint, ” and these facts are already present in his amended complaint and did not need to be needlessly repeated in his brief. Nonetheless, the Court will review all briefing and relevant pleadings in its ruling.

         II. Motions for Partial Judgment on the Pleadings

         Plaintiff 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.

         The defendants move for partial judgment on the pleadings arguing that certain of Mr. Kyner's claims are barred by the statute of limitations.

         A. Standard of Review

         After 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 Cir. 2014).

         B. Relevant Facts

         Chris Kyner is currently incarcerated at the Wabash Valley Correctional Facility, but has sued certain medical providers based on care that he received while at the 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 defendant.

         The 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.

         On June 9, 2015, Mr. Kyner slipped and fell on the right side of his face. As a result, several hard, jagged, and “unblunted” 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 (HCRF #296247) 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.

         By June 14, 2015, the numbness in Mr. Kyner's right face had expanded and he experienced swelling. He handed a request (HCRF #293789) seeking emergency medical care to Nurse Hauri on the evening of June 14, 2015, and verbally told her of his complaints. Nurse Hauri verbally 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 if his condition worsened. 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.

         On June 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. He again requested to receive an x-ray and have the objects removed from his face immediately. Nurse Vicente refused to physically examine him, but did feel around the upper and exterior portions of his right cheek while acknowledging the possible infection, swelling, and mobile objects in his right cheek. She denied his ...

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