Lipscomb v. Carbondale Memorial Hospital
3:24-cv-01159
S.D. Ill.Mar 11, 2025Background
- Plaintiff Keon Lipscomb, an inmate, alleges he was assaulted by a Menard Correctional Center officer while restrained in a hospital bed at Carbondale Memorial Hospital on March 28, 2024.
- Hospital staff, including identified nurse practitioners, nurses, a doctor, and a security guard, allegedly witnessed or were aware of the assault and failed to intervene or provide medical aid.
- Lipscomb filed this suit under 42 U.S.C. § 1983 against hospital staff, alleging Eighth Amendment violations for failure to protect and failure to treat.
- Allegations against Menard Correctional staff were dismissed from this lawsuit due to their involvement in a separate pending case.
- At this preliminary screening stage, the court reviews the complaint for legal sufficiency under 28 U.S.C. § 1915A.
- The court allows the claims against specific, but currently unidentified, hospital staff to proceed, while dismissing claims against an ambiguously described group of "Nurses John/Jane Does."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to protect from assault | Hospital staff failed to intervene or protect against officer's attack | Not presented at this stage | Claim may proceed against named hospital staff |
| Failure to provide medical care | Staff did not treat obvious injuries resulting from the assault | Not presented at this stage | Claim may proceed against named hospital staff |
| Sufficiency of group pleading | Claims alleged against group of unnamed nurses | Not presented at this stage | Dismissed as inadequately pled under Twombly |
| Identification of Doe defendants | Plaintiff has not yet identified key hospital staff | Not opposed; identities unknown | Plaintiff allowed discovery to identify defendants |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (Slip op. establishing standard for Eighth Amendment failure-to-protect claims)
- Hudson v. Palmer, 468 U.S. 517 (Establishing state actors' duty to guarantee inmate safety under the Eighth Amendment)
- Twombly, 550 U.S. 544 (Setting pleading standard for plausibility under Rule 8)
- Proffitt v. Ridgway, 279 F.3d 503 (Outlining circumstances when private citizens act under color of state law)
- Greeno v. Daley, 414 F.3d 645 (Defining Eighth Amendment deliberate indifference to medical needs in the prison context)
- Dale v. Poston, 548 F.3d 563 (Applying the deliberate indifference standard under Eighth Amendment)