CLARK v. WAMBOLD
5:21-cv-03674
| E.D. Pa. | Oct 20, 2021Background
- Shelby Tyrone Clark, Jr., alleges a fellow inmate tainted a food tray with semen and that corrections officer Clinton Wombold served that tray to Clark. Clark had previously complained after another inmate threw urine and feces at him.
- After the tainted-food incident Clark moved housing; he alleges Wombold later attempted to serve him another tainted tray but Clark avoided eating it after another inmate warned him.
- Clark reports ongoing fear and mental anguish, heightened scrutiny of his food, a request for an HIV test that he says was not performed or results were not provided, and a request for mental-health care he would accept only from a Black provider.
- Procedurally, the Court previously dismissed parts of Clark’s complaint but allowed claims against Wombold for serving tainted food and permitted amendment; Clark filed an Amended Complaint naming Wombold (official and individual capacities) and seeking $750,000 plus relief.
- The Amended Complaint asserts constitutional claims (tainted food/failure to protect, equal protection, deliberate indifference to medical needs) and state-law claims (mental anguish, negligent infliction of emotional distress, intentional infliction of emotional distress).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Serving tainted food / failure to protect (constitutional) | Wombold knowingly served tainted food despite prior violent/sexualized incidents and complaints, creating substantial risk | (Implicit) No sufficient basis to dismiss; factual dispute about Wombold’s culpability | Court: plausible claim allowed against Wombold in his individual capacity (failure to protect survives) |
| Equal protection / discriminatory intent | Clark alleges discriminatory intent/purpose in treatment | Allegation is conclusory and boilerplate without supporting facts | Court: equal protection claim dismissed with prejudice (futile to amend) |
| Official-capacity claim / Monell municipal liability | Clark sues Wombold in official capacity (effectively Lehigh County) | No allegations identifying any county policy or custom causing the violation | Court: official-capacity claim dismissed for failure to plead Monell theory |
| Deliberate indifference to medical needs (HIV testing, mental health) | Clark alleges denial of HIV testing/results and denial of mental-health care | Wombold had no alleged personal involvement in medical testing, results, or mental-health provision | Court: deliberate-indifference claims dismissed without prejudice as to Wombold for lack of personal involvement |
| State-law emotional-distress claims (NIED, IIED) | Tainted food placed Clark in a zone of danger and constituted extreme/outrageous conduct causing severe distress | (Implicit) Causation and severity may be disputed | Court: NIED and IIED claims allowed to proceed against Wombold (plausible under PA law) |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (1994) (prison officials have duty to protect inmates from substantial risk of serious harm)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard: plausibility and that conclusory allegations are insufficient)
- Monell v. Dep’t of Soc. Servs. of N.Y., 436 U.S. 658 (1978) (municipal liability requires an offending policy or custom)
- Kentucky v. Graham, 473 U.S. 159 (1985) (official-capacity suit is suit against the governmental entity)
- McTernan v. City of York, 564 F.3d 636 (3d Cir. 2009) (plaintiff must identify the municipal custom or policy)
- Rode v. Dellarciprete, 845 F.2d 1195 (3d Cir. 1988) (personal involvement required for § 1983 liability)
- Grayson v. Mayview State Hosp., 293 F.3d 103 (3d Cir. 2002) (leave to amend may be denied as futile where claim cannot be salvaged)
- Brown v. Philadelphia Coll. of Osteopathic Med., 674 A.2d 1130 (Pa. Super. Ct. 1996) (elements for negligent infliction of emotional distress)
- Manley v. Fitzgerald, 997 A.2d 1235 (Pa. Commw. Ct. 2010) (elements for intentional infliction of emotional distress)