SHERMAINE WALKER, individually and as administrator of the estate of Marques Davis, deceased; KATHLEEN FORSYTH, as Guardian Ad Litem of I.D.F., Plaintiffs - Appellees,
SOHAIB MOHIUDDIN, M.D., Defendant-Appellant, and CORIZON HEALTH, INC., formerly known as Correctional Medical Services; PAUL CORBIER, M.D.; KARL SAFFO, M.D.; HEATHER UNGEHEUR, APRN; NANCY CISKEY, APRN; RHONDA DURANT, APRN; DEBRA LUNDRY, RN; JENNIFER HELUS, RN; SARAH MENDOZA; BARBARA DICKERSON, RN; KAREN DENNIS, RN; KELLY FRENCH, RN; JENNIFER VEST, RN; JOHN OR JANE DOE 1, Medical Director; JOHN OR JANE DOE 2, Health Services Administrator; JOHN OR JANE DOE 3, Director of Nursing, Defendants.
from the United States District Court for the District of
Kansas (D.C. No. 2:17-CV-02601-DDC-KGG)
Turner, Foulston Siefkin LLP, Overland Park, Kansas (Thomas
L. Theis, Foulston Siefkin LLP, Topeka, Kansas, with him on
the briefs), for Defendant -Appellant.
McRae (Leland F. Dempsey on the brief), Dempsey &
Kingsland, P.C., Kansas City, Missouri, for Plaintiffs -
TYMKOVICH, Chief Judge, MURPHY, and CARSON, Circuit Judges.
MURPHY, CIRCUIT JUDGE.
Davis was an inmate at the Hutchinson Correctional Facility
("HCF") from June 2016 until his death in April
2017. During the course of his confinement, Davis suffered
from constant neurological symptoms, the cause of which went
untreated by HCF medical personnel. When he eventually died
from Granulomatous Meningoencephalitis, Davis's brain was
so swollen the upper part was forced downward into the lower
part (i.e., tonsillar herniation). Davis's estate
("the Estate") brought federal and state law claims
against Corizon Health, Inc. ("Corizon") and
numerous health care professionals who interacted with Davis
during his incarceration. One such medical professional, Dr.
Sohaib Mohiuddin, filed a qualified-immunity-based motion to
dismiss the Estate's 42 U.S.C. § 1983 claim. The
district court denied the motion, concluding the complaint
set out a clearly established violation of Davis's right
to be free from deliberate indifference to the need for
serious medical care. Mohiuddin appeals, asserting the
district court erred in determining the complaint's
conclusory and collective allegations state a valid Eighth
Amendment claim as to him. Upon de novo review, this court
concludes the complaint does not state a valid deliberate
indifference claim as to Mohiuddin. Thus, exercising
jurisdiction pursuant to 28 U.S.C. § 1291,
reverse the denial of Mohiuddin's motion
to dismiss and remand the matter to the
district court for further proceedings consistent with this
2010, Davis was sentenced to serve time in the Kansas penal
system. He was transferred to HCF in June 2016. Prior to his
arrival at HCF, Davis was a healthy twenty-seven-year-old
man. During Davis's incarceration at HCF, the Kansas
Department of Corrections contracted with Corizon to provide
medical care for inmates. Mohiuddin was a Corizon employee
assigned to HCF.
and August 2016, Davis began experiencing numbness in his
feet, weakness in his right leg, and severe mid-back pain. He
reported his symptoms to numerous unnamed Corizon healthcare
providers. A Corizon doctor determined Davis's
symptoms were caused by his blood pressure medication and
discontinued the medication.
September 2016, Davis made approximately twelve visits to
HCF's medical unit concerning numbness in his feet,
weakness of his right leg, severe mid-back pain, and an
increasing difficulty in walking. Healthcare providers
prescribed Tylenol and ordered a lumbar x-ray, but noted
Davis appeared to be malingering.
October 2016, Davis made eight visits to the medical unit for
the same symptoms. Doctor Karl Saffo noted Davis's muscle
weakness and numbness in his feet. Saffo's notes indicate
he was going to seek approval for "EMG studies" of
Davis's lower extremities. During that same period, a
nurse documented the need for an MRI referral. Neither an MRI
nor "EMG studies" took place during October.
November 2016, Davis visited HCF's medical unit five
times for the same symptoms. During this month, Davis
received "EMG studies" of his lower extremities and
a neurology consultation. ...