United States District Court, S.D. Alabama, Southern Division
EDWIN E. WHITE, Plaintiff,
SHERIFF SAM COCHRAN, Defendant.
REPORT AND RECOMMENDATION
BRADLEY MURRAY UNITED STATES MAGISTRATE JUDGE.
a Mobile County Metro Jail (“Metro Jail”)
pretrial detainee proceeding pro se and in forma
pauperis, began this action by filing a complaint under
42 U.S.C. § 1983. Now, he seeks to amend his complaint by
adding Naph-Care as a Defendant. Plaintiff's
“motion to amend Naph-Care to civil suit inadequate
medical” (Doc. 40) and “motion to amend new
evidence and brief” (Doc. 41) (jointly “motion to
amend”) have been referred to the undersigned for
appropriate action pursuant to 28 U.S.C. § 636(b)(1)(B)
and S.D. Ala. Gen LR 72(a)(2)(R). After review of the motion
to amend, it is recommended that Plaintiff's motion to
amend (Docs. 40, 41) be denied.
Nature of Proceedings.
Complaint. (Doc. 1).
filed a § 1983 complaint against Defendant Sheriff Sam
Cochran for lack of sanitation at the Metro Jail. (Doc. 1).
Plaintiff complained that he had to live in unsanitary
conditions which caused him and other inmates to develop a
fungus on their feet. (Id. at 4). A report and
recommendation was entered sua sponte pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for the dismissal of his
action without prejudice for failure to state a claim upon
which relief can be granted. (Doc. 14). Over plaintiff's
objection (Doc. 15), the report and recommendation was
adopted (Doc. 16), and his action was dismissed without
prejudice. (Doc. 17). Plaintiff appealed the judgment. (Doc.
First Amended Complaint. (Doc. 34).
Eleventh Circuit Court of Appeals dismissed his appeal. (Doc.
29 at 9). But, in its opinion, the Eleventh Circuit noted
that Plaintiff could have been given an opportunity to amend
his complaint and referred to an amended complaint that he
filed with the Eleventh Circuit, remarking that the amended
complaint “still fails to raise a plausible claim of
unconstitutional confinement conditions.” (Id.
consequence of the Eleventh Circuit's opinion was
Plaintiff filing in this Court a “motion to reconsider
and modify an order for an adequate complaint under color of
state 42 U.S.C. § 1983.” (Doc. 31). Chief Judge
DuBose granted Plaintiff's motion for reconsideration and
noted in her order that the proposed amended complaint,
while not a model of clarity, contained more detailed
allegations and additional factual claims about “the
shower, rash, foot fungus, sewage leak issues and
contaminated water.” (Id. at 4). She further
observed that the allegations may support a §
1983 claim, but at this point, she could not determine if the
amended complaint was futile. (Id. at 4-5). Thus,
Plaintiff was allowed to file his amended complaint.
(Id. at 5).
amended complaint is lodged against Mobile County Sheriff Sam
Cochran, Warden Terry Oliver, III, and Deputy Warden Sam
Houston. (Doc. 34 at 8). Plaintiff alleges that he filed
grievances with these Defendants about his conditions of
confinement at the Metro Jail, which he details in his
amended complaint as noted in Chief Judge DuBose's order.
The amended complaint was signed by Plaintiff on December 8,
2018 and specifies that it relates to a time period from
January, 2016 until he filed the original complaint on August
3, 2016. (Id. at 3, Doc. 1).
Motion to Amend. (Docs. 40, 41).
matter before the Court at this time is Plaintiff's
motion to amend (specifically, “motion to amend
Naph-Care to civil suit inadequate medical” (Doc. 40)
and “motion to amend new evidence and brief”
(Doc. 41)). In the motion to amend Naph-Care (Doc. 40), he
states that he wants to add Naph-Care as a defendant based on
alleged inadequate medical care and malpractice.
(Id. at 1). Plaintiff alleges that in 2016,
Naph-Care did not give him the correct medical treatment for
his feet and skin rash after they were contaminated with
water containing toxins and sewage, leaving him in pain and
with the skin coming off his foot. (Id. at 2). And
from 2016 to 2018, Naph-Care allegedly overlooked giving him
breathing treatments for chest pain caused by inadequate air
vents, drinking bacteria-laden water, and breathing mold.
(Id. at 3). However, the chief reason for filing
this amended complaint against Naph-Care appears to have
arisen from an incident when Plaintiff “slip[ped] and
fell from a leaking toilet and raw sewage in [his] cell [when
he came] out [to] the floor area with inadequate lighting[,
he] injured his back, neck, and head[.]”
(Id. at 3). According to him, Naph-Care and officers
removed him from the floor without securing his neck and
back. (Id.). No relief was requested in this
“motion to amend new evidence and brief” (Doc.
41), he focuses on his fall in more detail. He alleges that
on February 15, 2018, “he slip[ped] and fell in his
cell from inadequate plumbing, sewage water[, and] inadequate
lighting” after maintenance said the leak was fixed.
(Doc. 41 at 1). When he fell, he “hit his back on a
steel table and his head on the floor.” (Id.).
Officer Petteway called Naph-Care as well as other officers.
(Id. at 1-2). When he told them where he was hurt,
medical personnel said that he needed to be moved and that it
would hurt. (Id. at 2). Medical personnel removed
him from his cell and placed him in a wheelchair without
stabilizing his neck. (Id.). Nurses Rose, White,
Lie, and Monroe lifted him into the wheelchair, and Officer
Mollise pushed him to the clinic. (Id.).
Plaintiff arrived at the clinic, Officer Evans and Sergeant
Nanton pushed him into a holding cell where he stayed for
forty-five minutes before he could see a nurse. (Id.
at 2). Nurse White told him that the “x-ray
doctor” was not there and gave him ibuprofen for the
pain. (Id.). Plaintiff was returned to a different
cell and was placed on the floor even though he was injured.
(Id.). He asked to be taken to the hospital, but his
request was denied. (Id.).
next day, he awoke with blood coming from his nose, severe
back pain, and neck pain, and he was spitting up blood.
(Id. at 3). The grievance he filed about this was
ignored. (Id.). The following day, he reported to
Officer Wilson and medical personnel that he had back, neck
and head pain and was spitting up blood. (Id.).
Inmates told the floor officer of his situation, and
Plaintiff sent grievances to Sam Cochran, Trey Oliver, Sam