Submitted: July 10, 2017
Defendants Robert Coupe, Christopher Klein, David Pierce,
James Scarborough and John Brennan 's Motion to Dismiss
Defendant William Ray Lynch, M.D. 's Motion to Dismiss
Jackson, Pro se
Ophelia M. Waters, Deputy Attorney General, Department of
Justice, Wilmington, Delaware for Defendants Robert Coupe,
Christopher Klein, David Pierce, James Scarborough and John
Spring Monzo, Esquire and Randall S. MacTough, Esquire, White
and Williams, LLP, Wilmington, Delaware, Attorneys for
Defendants Connections Community Support Programs, Inc., CD.
McKay, Christine Francis and William Ray Lynch, M.D.
MEMORANDUM OPINION AND ORDER
the Court is (1) the motion to dismiss or in the alternative
for summary judgment of Defendants Robert Coupe, Christopher
Klein, David Pierce, James Scarborough and John Bennon
(hereinafter the "State Defendants"); and also (2)
the motion to dismiss of Defendant William Ray Lynch, M.D.
("Dr. Lynch"). This suit arises from injuries that
Plaintiff Joseph Jackson, an incarcerated inmate at James T.
Vaughn Correctional Center (hereinafter "JTVCC"),
alleges he sustained while working in a kitchen at JTVCC. Mr.
Jackson alleges that he broke his foot and that he later
failed to receive adequate treatment from the Department of
Corrections (hereinafter "DOC") due to the alleged
indifference and neglect of DOC officials as well as
personnel of DOC s contractual medical provider. Mr. Jackson
now brings suit alleging that Defendants' actions and
inaction violated his Eighth Amendment right to freedom from
cruel and unusual punishment and further that their conduct
constituted negligence pursuant to 11 Del C. §
4001 (Tort Claims Act). Mr. Jackson emphasizes that his claim
is not made pursuant to 42 U.S.C. § 1983.
State Defendants seek dismissal or, in the alternative,
partial summary judgment on numerous bases. Dr. Lynch
separately moves to dismiss for improper service.
Facts and Procedural History
is a motion to dismiss pursuant to Rule 12(b) (6), the facts
referenced herein are those found in Mr. Jackson's
Complaint. On or about September 5, 2015, Mr. Jackson was
working at one of the JTVCC kitchens when he accidentally
stepped into an uncovered drain, breaking his right foot.
While at first the pain was minor and Mr. Jackson believed
his ankle was merely sprained, the pain increased over time.
Soon, Mr. Jackson was unable to work. When Plaintiff
submitted his first sick call, a nurse determined it was only
a sprain, despite considerable swelling and pain. Returning
later, Mr. Jackson informed an unknown physician that he
believed his foot was broken. However, the physician did not
believe Mr. Jackson and treated him only with cold compress
and over-the-counter pain medicine.
Jackson continued to seek treatment for five months, but
received none. Finally, in December of 2015, Mr. Jackson had
an MRI of his foot, which revealed that his right foot was
broken in two places and had suffered ligament damage.
Jackson filed this complaint on February 29, 2016. On
December 1, 2016, a New Castle County Sheriffs deputy
attempted to serve Dr. Lynch by leaving copies of the summons
and complaint with one Heather Emig, a paralegal for
Connection CSP Inc, at 500 W 10th Street,