United States District Court, S.D. Indiana, New Albany Division
ENTRY ON DEFENDANT ADAM FRENCH'S MOTION TO
RICHARD L. YOUNG, JUDGE
Adam French, M.D., is a member of the medical department of
the Clark County Jail. Plaintiff Greg Cottrell alleges that,
while he was a pretrial detainee at the Jail, Dr. French was
deliberately indifferent to his serious medical need,
resulting in permanent damage to his right shoulder. In
addition to Plaintiff's Eighth Amendment deliberate
indifference claim, he alleges Dr. French was negligent and
seeks declaratory relief on both his Eighth Amendment and
state law negligence claims. Dr. French now moves to dismiss
the claims asserted against him. For the reasons set forth
below, Dr. French's motion is GRANTED in
part and DENIED in part.
November 1, 2016, officers with the Clark County
Sheriff's Department went to Cottrell's home to issue
an arrest warrant. (Filing No. 1, Compl. ¶ 14). Cottrell
was in the attic with the door closed. (Id. ¶
15). In an effort to apprehend him, the officers released a
K-9 which locked into his right upper arm. (Id.
¶ 21). In an attempt to free himself, Cottrell fell
through the ceiling. (Id. ¶ 24). He was
transported to the Clark Memorial Hospital Emergency Room
where he was diagnosed with a “Biceps Tendon Rupture,
Right Puncture Wound, RUE Cervical Strain, initial encounter
Closed Head Injury, initial encounter Abdominal Pain Dog
Bite.” (Filing No. 27-1 at ecf p. 1). He received
stitches and was prescribed Motrin and the antibiotic
Augmentin. (Id. at ecf p.1). The Exitcare Patient
Information sheet advised Cottrell to follow-up with Dr.
Brent Waltz of Orthopedic Surgeons, PSC, for the bicep tendon
disruption. He was also advised to put Neosporin on the wound
twice a day, have the sutures removed in 7-10 days, and to
see Dr. David White (internal medicine) within 10-14 days.
(Id. at ecf p. 2).
time Cottrell was booked into the Jail on November 1, 2016,
jail nurse Benjamin Dooley noted in the medical record:
PT seen by medical in booking via CO tx. Pt arrived from
hospital rt police K9 bite to R upper arm. There are multiple
lacerations and stichs [sic] to arm. Officer stated that
there was an Xray and MRI done, showing possible ligment
[sic] damage but no fractures. Pt c/o pain. CMH sent scripts
for Advil and Augmentin. Will start meds as ordered. Nothing
further at this time.
(Compl. ¶ 29; Filing No. 29-1 at ecf p. 3). On November
2, 2016, medical department employee Mike Hammond dictated a
medical note stating:
Inmate held in H-10, Laying on bunk on right arm, bicep area
traumatised [sic], Patient seen at hospital last Noc, DX of
Biceps Tendon Disruption, With Abdominal Pain, Cervical
Strain and Sprain (Whiplash). Inmate covered with blood on
his back and arm due to bleeding from the traumatised [sic]
area on bicep. All areas cleaned and dried, will apply
antibiotic oint [sic] later today. Inmate sat on Augmentin,
and Advil protocol, nothing further at this time.
(Compl. ¶ 29; Filing No. 29-1 at ecf p. 3).
the course of his incarceration, Cottrell alleges he made
numerous requests seeking treatment and care for his arm
wound. (Compl. ¶ 44).
November 23, 2016, Cottrell was seen by Dr. French who
Pt. states has issue on right upper arm, has open wound on
upper right arm, had a dog bite to upper right arm, now has
large swollen area to right upper arm, the two bite wounds
appear to be healing well, no purulent discharge, will get
u/s [ultrasound] to eval for possible abscess evaluation.
(Compl. ¶ 36). On December 9, 2016, Defendant French
again saw Cottrell and dictated the following in all capital
PT COMPLAINS OF RIGHT UPPER ARM SWELLING AND MUSCLE DEFECT
AND STATES THAT HE HAS NO STRENGTH IN HIS UPPER RIGHT ARM,