United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE.
matter is before the Court upon defendant U.S. Marshal Ned
Boyd's motion to dismiss and motion to stay or limit
discovery. For the reasons discussed below, the motions will
se plaintiff Matthew Glenn Bryant, an inmate currently
incarcerated at Farmington Correctional Center
("FCC"), brought this action pursuant to 42 U.S.C.
§ 1983 against twenty-nine defendants. Plaintiff has a
history of mental illness and has taken prescription
medications to treat multiple mental health problems for most
of his life. His complaint focuses on the lack of mental
health treatment and medications he received while
incarcerated at the Cape Girardeau County Jail, in the
custody of the U.S. Marshals, starting in December 2017.
Plaintiff was being held on a charge of use of interstate
commerce facilities in the commission of murder for hire. On
March 22, 2018, he pled guilty to the charge and he was
eventually sentenced to ninety-six (96) months imprisonment.
See U.S. v. Bryant, No. 1:17-CR-94 JAR (E.D. Mo.
Oct. 20, 2017).
initial review under 28 U.S.C. § 1915(e)(2)(B), this
Court found that plaintiffs § 1983 claims alleging
deliberate indifference to a serious medical need survived
review as to many defendants, including defendant Ned Boyd.
See ECF No. 9. This is the only claim that remains
pending against defendant Boyd in this suit.
alleges that Boyd specifically denied his requests for
medication: "Nurse Charlotte told me that Ned Boyd
denied my request for Xanax, Depakote, Zoloft, and
Adderall." ECF No. 1 at 8. Plaintiff explains the
context of Boyd's denial as follows:
Recently, I went to federal court to enter a plea of guilty
to the crime I have been charged with. ... In open court, I
told U.S. District Judge John A. Ross, the federal judge
assigned to my case, that I needed my "psych" meds.
Judge Ross told me that it would be the responsibility of the
U.S. Marshal Service for the Eastern District of Missouri -
Southeastern Division - to ensure that I not only undergo a
psychiatric evaluation but that I also receive my psych meds.
Despite this, Ned Boyd told Charlotte to not give me Xanax,
Depakote, Zoloft, or Adderall, according to Charlotte. ...
[T]he jail refers the request for specific medications to the
U.S. Marshals, most often to U.S. Marshal Ned Boyd. According
to Nurse Charlotte, Ned Boyd told her not to give me any of
the meds that are medically necessary, despite Jude
Ross's explicit order that I be given a psychiatric
evaluation and I be put back on my medications.
Id. at 8-9. Plaintiff alleges that Boyd violated his
Fourteenth Amendment rights by denying his request for
medications "that are medically necessary to combat
[his] numerous mental illnesses, and medications that even
U.S. District Judge John A. Ross told the U.S. Marshals to
provide to [him]." Id. at 10.
criminal case referenced by plaintiff in his complaint, the
following statements were made by the Honorable U.S. District
Court Judge John A. Ross after acceptance of plaintiffs
One other thing that I'll ask you is it's probably
going to be necessary since Mr. Bryant hasn't had
medication in some time that he see a psychiatrist to
determine if he needs medication while he's incarcerated.
If you'll talk to [plaintiffs counsel], we'll figure
And, [plaintiffs counsel], if you can talk to the marshals
just to see if we can facilitate that. I understand that
there have been some issues with Cape County, and we'll
try and sort through those.
I do want to have you see a mental health professional so
that we can make sure that you get whatever medication you
need, and if you need some kind of order from me, you can let
me know, but I'm sure the marshals ...