United States District Court, E.D. Virginia, Richmond Division
MEMORANDUM OPINION (GRANTING IN PART MOTIONS TO
E. HUDSON DISTRICT JUDGE
Garcia Singleton, a former Virginia inmate proceeding pro
se and in forma pauperis, filed this
42 U.S.C. § 1983 action. Singleton contends that
Defendants Dr. Emran, Correct Care Solutions, and Sheriff
C.T. Woody denied him adequate medical care during his
incarceration in the Richmond City Jail ("RCJ").
The matter is before the Court on the Motions to Dismiss
filed by Defendants Emran and Correct Care Solutions (ECF No.
25) and Defendant Woody (ECF No. 27). Singleton has
responded. (ECF No. 34.) For the reasons stated below,
Defendant Woody's Motion to Dismiss will be granted. The
Motion to Dismiss filed by Defendant Emran and Correct Care
Solutions will be granted in part and denied in part.
STANDARD FOR MOTION TO DISMISS
motion to dismiss under Rule 12(b)(6) tests the sufficiency
of a complaint; importantly, it does not resolve contests
surrounding the facts, the merits of a claim, or the
applicability of defenses." Republican Party of N.C.
v. Martin, 980 F.2d 943, 952 (4th Cir. 1992) (citing 5 A
Charles A. Wright & Arthur R. Miller, Federal
Practice and Procedure § 1356 (1990)). In
considering a motion to dismiss for failure to state a claim,
a plaintiffs well-pleaded allegations are taken as true and
the complaint is viewed in the light most favorable to the
plaintiff. Mylan Labs., Inc. v. Matkari, 7 F.3d
1130, 1134 (4th Cir. 1993); see also Martin, 980
F.2d at 952. This principle applies only to factual
allegations, however, and "a court considering a motion
to dismiss can choose to begin by identifying pleadings that,
because they are no more than conclusions, are not entitled
to the assumption of truth." Ashcroft v. lqbal,
556 U.S. 662, 679 (2009).
Federal Rules of Civil Procedure "require[ ] only 4a
short and plain statement of the claim showing that the
pleader is entitled to relief, ' in order to 'give
the defendant fair notice of what the ... claim is and the
grounds upon which it rests.'" Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 555 (2007) (second alteration
in original) (quoting Conley v. Gibson, 355 U.S. 41,
47 (1957)). Plaintiffs cannot satisfy this standard with
complaints containing only "labels and conclusions"
or a "formulaic recitation of the elements of a cause of
action." Id. (citations omitted). Instead, a
plaintiff must allege facts sufficient "to raise a right
to relief above the speculative level, " id.
(citation omitted), stating a claim that is "plausible
on its face, " id. at 570, rather than merely
"conceivable." Id. "A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Iqbal, 556 U.S. at 678 (citing Bell Atl.
Corp., 550 U.S. at 556). In order for a claim or
complaint to survive dismissal for failure to state a claim,
therefore, the plaintiff must "allege facts sufficient
to state all the elements of [his or] her claim."
Bass v. E.I. DuPont de Nemours & Co.,
324 F.3d 761, 765 (4th Cir. 2003) (citing Dickson v.
Microsoft Corp., 309 F.3d 193, 213 (4th Cir. 2002);
Iodice v. United States, 289 F.3d 270, 281 (4th Cir.
2002)). Lastly, while the Court liberally construes pro
se complaints, Gordon v. Leeke, 574 F.2d
1147, 1151 (4th Cir. 1978), it does not act as the
inmate's advocate, sua sponte
developing statutory and constitutional claims the inmate
failed to clearly raise on the face of his complaint. See
Brock v. Carroll, 107 F.3d 241, 243 (4th Cir. 1997)
(Luttig, J., concurring); Beaudett v. City of
Hampton, 775 F.2d 1274, 1278 (4th Cir. 1985).
SUMMARY OF ALLEGATIONS
Amended Complaint ("Complaint, " ECF No. 17),
Singleton alleges that Defendants denied him adequate medical
care for a broken finger in violation of the Eighth
Amendment,  during his incarceration in the RCJ.
On May 10, 2013, I, Thomas G. Singleton broke my finger
(fractured) at about 1 or 2 o'clock (p.m.) on the
recreation yard at the Richmond City Jail. Deputy Franklin
immediately took me to medical staff. There, Nurse Thompson
only buddy taped (taped my broken, left-middle, finger to my
left, ring finger). I was told to go back to population and
wait for an x-ray tech to show up.
At about 4 or 4:30 (p.m.), an x-ray tech from Global Dynamic
Imaging confirmed that my left-middle finger was broken. At
that point, I asked jail staff to be immediately transported
to [the] hospital. I was given the "run around."
That next day, Saturday, May 11, 2013, Global Dynamic Imaging
returned and did another x-ray.
I began filing grievances on May 13, 2013, complaining that
my finger was in crucial pain and that it was broken; and I
also complained about not being taken to the hospital. When I
saw Dr. Emran that same morning, he stated he seen results of
x-ray; that he understood my finger was broken,
"fractured or dislocated, " yet, he stated he was
merely going to call and speak to his supervisor. From that
day, on through to the 11th of July 2013, I filed grievances
constantly requesting to receive emergency medical
assistance. I was very much aware that if I let my broken
finger heal without replacing (re-setting) it, it would heal
improperly. I was constantly told not to "reset" my
finger myself (by staff, as well as by other inmates and even
family). I was constantly told that an evaluation with an
orthopedic was being scheduled. I did not see the hand
surgeon until July. He informed me that due to cartilage and
tissue reforming, I will have to undergo surgery to reset my
On July 11, 2013, surgery was performed by hand surgeon.
Since then, I have been to hospital once or twice every two
months for therapy. This process ended about January 2014.
The hospital staff all told me to do my own therapy whenever,
and as often, as I could.
Towards the end of 2014, I began to realize that my
left-middle finger will not be getting anywhere close to the
way it was before May 10, 2013. It is permanently damaged and
is not fully functional. I feel that Dr. Emran (with Correct
Care Solutions) is responsible for [the] failure to respect
my rights for emergency medical attention. Every staff member
and deputy that I asked, "Who was in charge of emergency
procedure, " stated that whatever doctor was on duty
during time of injury was responsible for making the call.
Dr. Emran, himself, even informed me that he was responsible.
I also remember asking Dr. Emran on one of our last
"follow-up" appointments why he would delay
emergency medical treatment when he confirmed that my finger
was broken, "fractured and dislocated." His
response I can't exactly state. Yet I'm clear that he
generally stated that whenever he sends someone to emergency
room he has to notify his supervisor. So if that was his
response to my question, then I feel that he didn't send
me to emergency treatment because he didn't want to
notify or disturb his supervisor.
Also, when I was receiving therapy at MCV Medical Center, the
staff strongly recommended-and was anticipating-further
therapy sessions with me. I relayed this to Dr. Emran and he
stated that again he prefers not to call supervisor often. He
also stated that there are costs concerning every trip to the
I feel that Correct Care Solutions is liable because there
may be a policy concerning inmates and procedure for medical
care. ... I feel that there's an unwritten policy or
written policy that denied [me my] 8th Amendment right to
avoid "deliberate indifference." They fail to
properly train employees.
I also feel that Sheriff C.T. Woody is liable to me because I
alerted various members of his staff and they did not take my
plea for emergency care seriously. . . . There ha[ve] been
previous lawsuits against either the jail or the sheriff
concerning medical treatment. So I am positive that he is
aware of the patterns and habits of his employees to become
deliberately indifferent to pressing medical situations.....
(Compl. 7-11, ECF No. 17.) Singleton seeks monetary damages.
(Id. at 12.) The Court construes Singleton to raise
the following claims for relief:
Claim One: Dr. Emran denied Singleton adequate medical care
for his ...