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Cottrell v. Clark County Sheriff's Department

United States District Court, S.D. Indiana, New Albany Division

August 6, 2019

GREG COTTRELL, Plaintiff,
v.
CLARK COUNTY SHERIFF'S DEPARTMENT, JAMEY NOEL, BRAD JONES, MIKE HAMMOND, BENJAMIN DOOLEY, ATHENA KRAMER, and ADAM FRENCH, Defendants.

          ENTRY ON DEFENDANT ADAM FRENCH'S MOTION TO DISMISS

          RICHARD L. YOUNG, JUDGE

         Defendant 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.

         I. Background

         On 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[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).

         At the 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).

         Over the course of his incarceration, Cottrell alleges he made numerous requests seeking treatment and care for his arm wound. (Compl. ¶ 44).

         On November 23, 2016, Cottrell was seen by Dr. French who dictated:

Pt. states has issue on right upper arm, has open wound on upper right arm, [2]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 letters:

PT COMPLAINS OF RIGHT UPPER ARM SWELLING AND MUSCLE DEFECT AND STATES THAT HE HAS NO STRENGTH IN HIS UPPER RIGHT ARM, ...

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