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Briddell v. Hanuschak

Court of Chancery of Delaware

June 12, 2015


Submitted: February 1, 2015

Cornelius Briddell, Sussex Correctional Institution, Georgetown, Delaware; Pro Se Plaintiff.

Daniel A. Griffith, Esq., Scott G. Wilcox, Esq., WHITEFORD TAYLOR PRESTON, LLC, Wilmington, Delaware; Attorneys for Defendants.


PARSONS, Vice Chancellor.

This is an action by Cornelius Briddell (―Plaintiff-), an inmate at the Sussex Correctional Institution (―SCI-) located in Georgetown, Delaware. Plaintiff seeks a modification of his sentence so that he can receive treatment that the Complaint alleges is necessary for his ―sickle cell disease, - ―chronic pain, - and a ―chemo-port implanted in [his] chest that hasn't been flushed since incarceration.- Plaintiff asserts that, for him to obtain the necessary treatment, his sentence would have to be reduced from Level 5 to Level 4 work release. The Complaint names as defendants Dr. Lee Hanuschak, Mary Tolson, and Correct Care Solutions, LLC (―Correct Care, - and with Hanuschak and Tolson, ―Defendants-).

Defendants have moved to dismiss the Complaint on several grounds. They argue that: (1) this Court lacks subject matter jurisdiction; (2) Plaintiff's claim is barred by collateral estoppel; (3) the Complaint should be dismissed or stayed pursuant to the McWane or first-filed doctrine; and (4) Plaintiff has failed to state a claim for injunctive relief.

Defendants' argument that this case should be dismissed or stayed under the McWane[1] or first-filed doctrine is based on the existence of a nearly identical claim- against the same corporate defendant, but different individual defendants-that was filed on April 12, 2013, ten months before this action, in the United States District Court for the District of Delaware (the ―District Court Action-). After briefing had been completed on Defendants' motion here, their counsel advised the Court by letter dated December 16, 2014, that the District Court had granted summary judgment in favor of the defendants in the District Court Action. Plaintiff did not respond to that letter.

For the reasons stated in this Memorandum Opinion, I conclude that Defendants' motion to dismiss this action should be granted.


The Court of Chancery is a court of limited jurisdiction. Under 10 Del. C. § 341, this Court has jurisdiction ―to hear and determine all matters and causes in equity.- In addition, 10 Del. C. § 342 provides: ―The Court of Chancery shall not have jurisdiction to determine any matter where sufficient remedy may be had by common law, or statute, before any other court or jurisdiction of this State.-

The relief Plaintiff seeks here is to have this Court modify his criminal sentence to allow him to have the benefit of a Level 4 work release classification, instead of his current Level 5, so that he can receive what he contends is a necessary bone marrow transplant. This Court, however, has no jurisdiction to order the modification of a criminal sentence. It is true that Plaintiff seeks injunctive relief in his Complaint, and might qualify for equity jurisdiction on that basis. But, Plaintiff has not identified, and this Court knows of no precedent that provides any reason to doubt that if the Delaware Superior Court agreed with him that a modification of his sentence was appropriate, that Court would have the power to grant such relief. Thus, I conclude that Plaintiff has an adequate remedy at law.

In his Answering Brief regarding Defendants' motion to dismiss, Plaintiff also notes that he has asked this Court for monetary and injunctive relief based on Defendants having subjected him to cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution. A claim for monetary relief in this Court, however, provides no independent basis for Chancery jurisdiction; there still must be a separate ground for equity jurisdiction. In addition, I consider it important that Plaintiff previously sought precisely the same relief in the District Court Action against the same corporate defendant, Correct Care. Therefore, I hold that this Court lacks subject matter jurisdiction over Plaintiff's Complaint, and that it must be dismissed on that basis.[2]


Another argument Defendants advanced in support of their motion to dismiss was based on the factors established in McWane Cast Iron Pipe Corp. v. McDowell-WellmanEng'g Co.[3] For the reasons that follow, I find that dismissal also would have been proper under McWane. As noted above, however, the District Court Action was reduced to a final and unappealable[4] judgment after briefing in connection with Defendants' motion. Thus, Defendants' McWane analysis now appears to be moot, because that doctrine permits a Delaware judge to dismiss or stay an action in favor of a first-filed action pending in another jurisdiction.[5] The ...

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