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Date: 05-18-2023
Case Style:
Case Number: 22-cv-29
Judge: Christina Reiss
Court: United States District Court for the District of Vermont (Chittenden County)
Plaintiff's Attorney:
Defendant's Attorney: Andrew C. Boxer
Description: Burlington, Vermont civil rights lawyers represented Plaintiff who sued Defendants on a prisoner civil rights violation theory.
Plaintiff Olynthea Johnson, administrator of the Estate of Kenneth Johnson, brings this action against Defendants State of Vermont, Department of Corrections (the &ldquo ;Vermont DOC”); Robert Wright (“Officer Wright”); Sirena Zahn (“Officer Zahn”); Brian Mercer (“Officer Mercer”)[1]; Centurion of Vermont, LLC (“Centurion”); Steven Fisher, MD (“Dr. Fisher”); Daniel Holloway, MD (“Dr. Holloway”); Mary Martin (“Nurse Martin”); Michele Cardinal (“Nurse Cardinal”); Sabine Watson (“Nurse Watson”); and four nurses whose identities have not yet been ascertained (“Unknown Nurses”) (collectively “Defendants”).
Plaintiffs Amended Complaint (Doc. 27-2) (the “AC”) alleges the following claims, all of which relate to Mr. Johnson's death while he was detained at the Northern State Correctional Facility (“NSCF”) in Newport, Vermont: Count I: Medical Malpractice (against Centurion, Dr. Fisher, Dr. Holloway, Nurse Martin, Nurse Cardinal, Nurse Watson, and Unknown Nurses); Count II: Negligence (against Officer Wright, Officer Zahn, and Officer Mercer); Count III: Gross Negligence (against Officer Wright, Officer Zahn, Officer Mercer, Nurse Martin, Nurse Cardinal, Nurse Watson, and Unknown Nurses); Count IV: Failure to Train and Supervise (against Vermont DOC, Centurion, Officer Wright, and Dr. Fisher); Count V: Wrongful Death (against all Defendants); Count VI: Cruel and Unusual Punishment (against Nurse Martin, Nurse Cardinal, Nurse Watson, Unknown Nurses, and Officer Wright); Count VIII: Violation of the Right to Equal Protection (against Nurse Martin, Nurse Cardinal, Nurse Watson, Unknown Nurses, and Officer Wright).[2]...
On February 7, 2022, Defendant Fisher removed the action to the District of Vermont. Nurse Cardinal, Dr. Fisher, and Nurse Watson filed a partial motion to dismiss on February 14, 2022. (Doc. 17.) The Vermont DOC, Officer Wright, and Officer Zahn filed a motion to dismiss on April 29, 2022. (Doc. 40.) Centurion and Dr. Holloway filed
a motion to dismiss on April 29, 2022. (Doc. 42.)...
Outcome: For the reasons set forth above, the court GRANTS IN PART and DENIES IN PART Defendants' motions to dismiss. (Docs. 17, 40, & 42.) SO ORDERED.
Plaintiff's Experts:
Defendant's Experts:
Comments: