United States District Court, W.D. Virginia, Charlottesville Division
VICTORIA JENKINS, individually and on behalf of all others similarly situated, Plaintiff,
F. GLENN AYLOR, et al., Defendants.
Glen E. Conrad Chief United States District Judge
Victoria Jenkins, individually and on behalf of all others
similarly situated, filed this action against defendants
Superintendent F. Glenn Aylor, Central Virginia Regional Jail
Authority (the "Authority"), and several employees
at the Central Virginia Regional Jail ("CVRJ"),
alleging that they were deliberately indifferent to her
serious medical condition by denying her access to her
medications. The case is presently before the court on
defendants' motion to dismiss and motion to strike
portions of the complaint. For the following reasons, the
court will grant in part and deny in part the motion to
dismiss and will deny the motion to strike.
following facts, taken from plaintiffs complaint, are
accepted as true for purposes of the motion to dismiss. See
Erickson v. Pardus, 551 U.S. 89, 94 (2007).
Jenkins' Experience at CVRJ
October 18, 2014, Jenkins was detained at CVRJ pending trial
on three felony charges in the Circuit Court of Madison
County, Virginia. At all relevant times, Jenkins suffered
from a number of psychiatric ailments, including anxiety,
depression, and bipolar disorder. She took several
medications to treat these conditions, namely Trazondone,
Lexapro, and Xanax. According to the complaint, the
"medications successfully managed Jenkins'
symptoms and allowed her to function normally." Compl.
¶ 16. However, Jenkins was required to take the
medications regularly in order to maintain this effect.
time of her arrest, Jenkins asked the arresting officers for
permission to retrieve her medications from her purse before
being transported to CVRJ; the officers denied this request.
When she arrived at CVRJ, she informed the staff of her
psychiatric conditions and her need for medications. In
response to Jenkins' repeated requests, defendant Jasmine
Buckner-Jones, a nurse at CVRJ, laughed and said,
"You'd better get used to it. You're not getting
the medication your doctor prescribed." Id.
¶ 26. Buckner-Jones also accused Jenkins of faking her
conditions in order to get her medications for recreational
use and told Jenkins that she could only receive medications
that were prescribed by a doctor at CVRJ. However, defendants
did not bring Jenkins to see a doctor in order to obtain her
a day or two after her arrival at CVRJ, Jenkins met with her
attorney, David Deal, who observed her to be "lucid and
able to effectively participate in their conversation."
Id. ¶ 35. Jenkins also called her sister,
Robin, several times and asked Robin if she could bring
Jenkins' medications to CVRJ. Jenkins told Robin that
CVRJ staff was refusing to allow her access to her
medications. Robin then spoke to Buckner-Jones and defendant
Amanda Pitts, another nurse at CVRJ, who told Robin that they
"hadn't had time to get [the medications] to
[Jenkins] yet." Id. ¶ 29. Robin also
called Jenkins' doctor, who instructed CVRJ staff to give
Jenkins her medications. However, Pitts informed Robin that
CVRJ would not distribute Xanax to Jenkins, despite her
doctor's instructions. Thereafter, Robin brought
Jenkins' medications, with the exception of Xanax, to
days later, Jenkins' other sister, Bonnie Coffey, spoke
to Pitts on the phone, who said that Jenkins had received her
medications. However, according to the complaint, defendants
still refused to give Jenkins her medications. Deal again
visited Jenkins at CVRJ, but she did not recognize him and
asked him to leave. This time, Jenkins was "disheveled,
malodorous, and did not appear to be in touch with
reality." Id. ¶ 36. Jenkins' family
members also came to CVRJ every week to see her, but she
refused to see them. This was "drastically out of
character for Jenkins, and the news alarmed [her]
family." Id. ¶ 37.
October 29, 2014, Jenkins appeared before the Madison County
Circuit Court for a bail hearing. However, she refused to
enter the courtroom or speak with her attorney, so the court
cancelled the hearing. Prior to the hearing, family members
saw Jenkins in a wheelchair. She was "very pale, "
"catatonic, " and her hair was "knotted and
matted." Id. ¶ 39. Jenkins was also
unresponsive when her family members attempted to get her
attention outside of the courthouse.
November 4, 2014, Coffey and Ruby Reid, Jenkins' mother,
went to CVRJ and asked to speak with Superintendent F. Glenn
Aylor in order to figure out why Jenkins refused to see them.
Aylor sent a woman named "Ms. Deane" to speak to
them. Id. ¶ 40. Ms. Deane told Coffey and Reid
that Jenkins was in "bad shape" and needed to go to
the hospital for treatment. Id. Ms. Deane indicated
that they would need to get a court order to send Jenkins to
November 7, 2014, Jenkins was "paranoid, delusional, and
divorced from reality." Id. ¶ 41. She
believed that she was being "watched through the wall in
her cell[, ] ... refused to eat, and was urinating and
defecating on the floor of her cell." Id.
Jenkins was then transported to Western State Hospital for
treatment. When family members visited Jenkins at the
hospital, she was still delusional, but did recognize them
this time. However, Jenkins also believed that her dog was in
her room at the hospital and would repeatedly "pick
up" the dog and kiss it. Id. ¶ Hospital
staff told Jenkins' family members that Jenkins was off
her medications for a while, and that it would take weeks
before she would return to normal. During her stay at the
hospital, Jenkins was provided with psychiatric medications.
Her condition gradually improved.
hospital discharged Jenkins on December 3, 2014, and she
returned to CVRJ. Upon her return, Buckner-Jones asked
Jenkins whether she had "enjoyed her trip." From
then on, CVRJ staff gave Jenkins her medications, and her
mental condition remained stable. When Jenkins asked a CVRJ
staff member why she was not given her medications prior to
her hospitalization, the employee, identified in the
complaint as "Ms. Kidwell, " said that "we
didn't have the funding at the time[, ]" and that
she "wanted to send [Jenkins] offsite, but we didn't
have the funding for it." Id. ¶ 49.
Jenkins was released from CVRJ on August 6, 2015 after a jury
acquitted her on two charges, and the prosecutor entered a
nolle prosequi on the third charge.
complaint alleges that, at the time of Jenkins'
detention, CVRJ had written policies and procedures in place
for inmates who required regular medications. Specifically,
if an inmate had the medication on her person at the time of
intake, the policies required CVRJ staff to refer her to the
medical department. If an inmate did not have the medication
on her person, the policies instructed CVRJ staff to see if a
family member could bring the medication to CVRJ or, in the
alternative, refer the inmate to the medical department. In
the event that the medication was not on hand at CVRJ, CVRJ
staff must obtain the medication from outside CVRJ through
specific procedures. These procedures included procurement of
the medication from a licensed pharmacy with a valid
prescription from the CVRJ medical department, distribution
of the medication in accordance with a physician's
orders, and recordation of the time and number of doses
provided to the inmate. The policies also provided that
"[m]edication shall be administered to the individual
pursuant to telephone, verbal, standing or direct
orders." Id. ¶ 20(5).
Other Inmate's Experience at CVRJ
addition to the circumstances surrounding Jenkins'
detention, the complaint describes a "pattern and
practice of deliberate indifference to inmates' medical
needs" at CVRJ. Id. ¶ 50.
Shawn Berry 
August 7, 2014, Berry was arrested by deputies from the
Orange County Sheriffs Department on outstanding warrants. At
the time of his arrest, Berry had been addicted to alcohol
for over twenty years and heroin for about ten years, and he
informed the deputies that he would experience severe
withdrawal in jail. Berry's girlfriend also told the
deputies that Berry would experience withdrawal symptoms in
jail, and that he had to be placed in intensive care the last
time he went to jail.
in custody at CVRJ, Berry began to experience severe
withdrawal symptoms. Other inmates at CVRJ requested medical
assistance for Berry on a number of occasions. Nevertheless,
CVRJ staff would sometimes ignore these requests entirely. At
other times, Pitts and others told the inmates that if Berry
did not personally approach the window to ask for medical
assistance, he would receive none. The inmates advised CVRJ
staff that Berry was too sick to leave his bunk. When the
inmates offered to bring a food tray to Berry, because he was
too sick to retrieve his own, CVRJ staff refused. The medical
staff at CVRJ-including defendant Christie Apple-Figgins, a
nurse at CVRJ,  and Buckner-Jones-did provide Berry with
medication and Gatorade, took his vitals, and monitored his
condition. Officers at CVRJ also assisted Berry on several
occasions, namely when he fell out of his bunk, could not
stand in the shower, and soiled his jumpsuit. Over the course
of two days, Berry's health deteriorated, and he passed
away on August 9, 2014.
time of Berry's death, CVRJ had written policies and
procedures for treating inmates suffering from alcohol and
heroin withdrawal. However, the complaint alleges that the
medical staff did not follow CVRJ's internal protocols
for alcohol and heroin withdrawal when they treated Berry.
2006, an individual referred to in the complaint as
"Inmate A, " suffered a back injury that required
him to take both pain medication and muscle relaxers. At
first, CVRJ staff refused to give Inmate A any medication.
Eventually, Inmate A was able to obtain pain medication,
which he received anywhere between six hours to two weeks
after his requests. At the time, Inmate A also suffered from
Crohn's disease, which was aggravated by medications that
contained ibuprofen or aspirin. Although CVRJ staff knew of
Inmate A's condition, he received unidentified pain
medications that aggravated his Crohn's disease. Medical
staff, however, refused to verify the types of pain
medications that Inmate A received.
addition, the complaint describes an incident in which a
correctional officer held Inmate A down on the floor and
repeatedly drove his knee into Inmate A's rib cage and
lower sides. Shortly after, Inmate A began bleeding from his
rectum. He did not receive medical attention despite at least
two requests for help from the correctional officers.
inmate, known as "Inmate B, " was incarcerated at
CVRJ in 2005. At the time, Inmate B was prescribed three
different psychiatric medications. Each medication required
that he take one dose in the morning and one dose at night.
However, CVRJ staff gave Inmate B both doses of two of his
medications in the morning and both doses of his third
medication in the evening. According to the complaint, Inmate
B also witnessed CVRJ staff give another inmate's
medication with water, although the directions specified that
the pill was not supposed to be taken with water. Finally,
Inmate B ...