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Bryant v. County of Cape Girardeau

United States District Court, E.D. Missouri, Southeastern Division

June 25, 2019

MATTHEW GLENN BRYANT, Plaintiff,
v.
COUNTY OF CAPE GIRARDEAU, et al, Defendants.

          MEMORANDUM AND ORDER

          RONNIE L. WHITE UNITED STATES DISTRICT JUDGE.

         This 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 be denied.

         Background

         Pro 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).

         Upon 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.

         The Complaint

         Plaintiff 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.

         In the 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 guilty plea:

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 that out.
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 ...

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