LEWIS v. KENNEBEC COUNTY
1:16-cv-00559
D. Me.Dec 22, 2017Background
- Plaintiff Brandee Lewis alleges nurses and other staff at Kennebec County Correctional Facility forcibly administered medication and assaulted her while detained.
- Lewis moved for leave to file an amended complaint to add three Kennebec County employees (Gagnon, Simmons, Pierce) and Physician Health Partners, LLC (PHP) as defendants, and to revise some counts.
- Defendants generally did not oppose leave to amend but objected to specific allegations and sought to strike certain language and an affidavit of Plaintiff’s counsel.
- Correctional Health Partners (CHP) opposed joinder of PHP, arguing lack of personal jurisdiction over PHP and submitting a CEO affidavit describing limited contacts with Maine.
- The Court evaluated Rule 15(a) standards for leave to amend, personal jurisdiction principles for parent/subsidiary, Rule 12(f) standards for motions to strike, and notice-pleading requirements about identifying which defendant committed which acts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leave to amend to add additional individual defendants and PHP should be granted | Lewis says discovery supports adding county employees for their alleged assistance/failure to intervene and adding PHP as parent liable for negligent supervision/respondeat superior | CHP argues court lacks personal jurisdiction over PHP; Vigue and others request clearer attribution of acts and seek to strike language | Court grants leave to amend but orders plaintiff to distinguish which defendant committed each alleged act; joinder of PHP permitted at pleading stage (personal jurisdiction is a personal defense) |
| Whether the court may preemptively dismiss or deny amendment due to alleged lack of personal jurisdiction over PHP | Lewis included allegations PHP transacts affairs in district; defendants point to corporate separateness and CEO affidavit denying contacts | CHP contends PHP has no Maine business and is not subject to jurisdiction | Court: corporate relationship alone insufficient to defeat jurisdiction, but lack of personal jurisdiction is an affirmative personal defense for PHP to raise later; denial of leave on that ground is inappropriate at this stage |
| Whether plaintiff must identify specific defendants for each count rather than use collective term "Defendants" | Lewis used "Defendants" across counts asserting various acts | Vigue contends blanket references force all defendants to defend all claims and impede notice pleading | Court agrees plaintiff must clarify and distinguish allegations among defendants when filing amended complaint, to satisfy notice pleading |
| Whether inflammatory or irrelevant language and certain factual allegations should be stricken under Rule 12(f) | Lewis used terms (e.g., "torture," "stabbing," "sexual assault"), included a home address, references to Vigue’s mother, and state criminal proceedings | Vigue asks those phrases, address, family references, and criminal-proceeding allegations be stricken as scandalous, immaterial, or prejudicial; also seeks to strike redundant counts | Court denies motion to strike: Rule 12(f) motions disfavored; challenged material not shown to be entirely immaterial, redundant, or scandalous such that it "can have no possible bearing" on litigation |
| Whether affidavit of plaintiff’s counsel submitted in support of amendment should be stricken | Counsel attests facts supporting amended complaint | Vigue argues counsel improperly swears to factual truth based on personal knowledge and affidavit should be removed | Court refuses to strike affidavit; treats objection as challenging weight, not admissibility; considered affidavit in deciding motion to amend |
Key Cases Cited
- Foman v. Davis, 371 U.S. 178 (leave to amend should be freely given)
- Chiang v. Skeirik, 582 F.3d 238 (futility standard for proposed amendments)
- Donatelli v. National Hockey League, 893 F.2d 459 (parent/subsidiary separateness and overcoming presumption of independence for jurisdiction)
- Boreri v. Fiat S.p.A., 763 F.2d 17 (motions to strike are disfavored)
- Redondo Waste Sys., Inc. v. Lopez-Freytes, 659 F.3d 136 (purpose of notice pleading to apprise defendants of claims)
- Alger v. Hayes, 452 F.2d 841 (lack of personal jurisdiction is a personal defense)