Hightower v. Burkett
5:25-cv-00114
E.D. Ky.Apr 14, 2025Background
- Plaintiff James Hightower, an inmate at Northpoint Training Center (NTC), filed suit over the handling of his confidential medical information, alleging that it was passed through multiple inmates and staff before reaching him, unsealed, and left in his open cell.
- Hightower claims this event caused him mental injury but no physical harm.
- He sued KDOC Medical Director Denise Burkett, Regional Manager Dawn Patterson, NTC Medical Administrator John Golff, and an unnamed nurse, alleging Eighth and Fourteenth Amendment violations.
- Most defendants were sued both individually and in their official capacities, and Hightower sought damages and injunctive relief.
- The complaint was screened under 28 U.S.C. §§ 1915(e)(2) and 1915A, with the court construing Hightower's pro se claims liberally.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for failing to address grievances | Denial of grievances shows involvement | Responding to grievances does not establish liability | Denial of grievances is not actionable under § 1983 |
| Section 1983 claim against unnamed nurse | Nurse caused privacy breach | Cannot sue unnamed party | Claim dismissed unless nurse is identified |
| Damages for mental only injury | Suffered mental injury from breach | No physical injury, no damages allowed | No monetary damages for mental injury |
| Ongoing injunctive relief under Ex Parte Young | Ongoing policy violates privacy | Prison policy allows it if sealed | Injunctive relief potentially available; process to serve KDOC ordered |
Key Cases Cited
- McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997) (district court must dismiss claims that are frivolous or fail to state a claim under in forma pauperis)
- Erickson v. Pardus, 551 U.S. 89 (2007) (pro se pleadings are construed liberally)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility pleading standard for complaints)
- Will v. Mich. Dep’t of State Police, 491 U.S. 58 (1989) (state agencies not "persons" under § 1983)
- Edelman v. Jordan, 415 U.S. 651 (1974) (Eleventh Amendment bars money damages against states)
- Ex parte Young, 209 U.S. 123 (1908) (exception allowing injunctive relief against state officials for ongoing violations of federal law)