United States District Court, W.D. Missouri, St. Joseph Division
NANETTE K. LAUGHREY UNITED STATES DISTRICT JUDGE
Michelle Munger, Alice Bergman, Amy Mowry, Karen Williams,
and Frederick Covillo (collectively, the “Corizon
Defendants”) each move to dismiss the second amended
complaint by plaintiffs Brenda Davis and Frederick
Stufflebean for failure to state a claim against them in
their individual capacities. Docs. 441, 468, 471. For the
reasons set forth below, the motions to dismiss are denied in
part and granted in part.
less than three days of incarceration at the Buchanan County
Jail and less than two days of incarceration at the Missouri
Department of Corrections' Western Reception, Diagnostic,
and Correctional Center (“WRDCC”),
Plaintiffs' son, Justin Stufflebean, who suffered from
Addison's disease and hypoparathyroidism and was not
given his nine prescription medications for multiple
consecutive days, was rushed by ambulance to a hospital,
where he subsequently died.
April 6, 2017, Plaintiffs brought suit in state court
against, inter alia, Corizon Health, LLC (named in
the initial complaint as “Corizon Health, Inc.”),
which provided medical services at the WRDCC, and Corizon
nurse Donna Euler. Doc. 1-2. The defendants removed the case
to federal court on May 8, 2017. Doc. 1. Plaintiffs
voluntarily dismissed their claims against Corizon Health,
Inc. and Donna Euler. Docs. 61, 65.
30, 2018, Plaintiffs moved for leave to file an amended
complaint to re-assert state law tort claims and to add as
parties Corizon Health, LLC (the proper name of the entity)
as well as Corizon doctor Covillo and Corizon nurses Bergman,
Mowry, Munger, and Williams. Doc. 73. On August 24, 2018, the
Court granted Plaintiffs' motion for leave to amend the
complaint. Doc. 75.
filed the First Amended Complaint on September 4, 2018. Doc.
78. Bergman, Munger, Williams, and Dr. Covillo separately
filed answers to the First Amended Complaint on October 11,
2018, and Mowry filed an answer on October 19, 2018. Docs.
99-102; Doc. 104. None of the October 2018 answers by the
Corizon Defendants mentions the terms, “capacity,
” “individual, ” or “official.”
Docs. 99-102, 104.
April 16, 2019, in response to a motion to dismiss based on
sovereign immunity filed by defendants connected with
Buchanan County (Doc. 263), Plaintiffs filed a motion for
leave to file a second amended complaint in order to allege
an insurance exception to the Buchanan County defendants'
sovereign immunity defense, citing newly produced insurance
documents. Doc. 279. Plaintiffs explained that the proposed
second amended complaint made only the following changes:
1) the style of the case was shortened to reflect “et
al.” after naming Buchanan County;
2) the case number was revised to properly reflect Judge
3) the title of the document was changed to
4) paragraphs 5(c)and 7(g) were added to make the insurance
5) former paragraphs 16, 79 & 94 were deleted as they
pertained to dismissed defendant Warden Ryan Crews;
7) [sic] the signature block was corrected to
reflect representation of the respective plaintiffs; and
8) the certificate of service was removed.
Id., p. 3.
1, 2019, while Plaintiffs' motion for leave to file a
second amended complaint was pending, and nearly a year after
Plaintiffs filed the First Amended Complaint naming him as a
defendant, Dr. Covillo filed a motion to dismiss raising for
the first time the defense of qualified immunity. Doc. 360.
On July 3, 2019, Bergman, Mowry, and Williams moved for
summary judgment on grounds of qualified immunity. Doc. 392.
Similarly, on July 5, 2019, Munger moved for summary judgment
on the ground of qualified immunity. Doc. 399.
8, 2019, the Court granted Plaintiff's motion to file a
second amended complaint. Doc. 410. Plaintiffs filed the Second