United States District Court, N.D. Ohio, Eastern Division
MARCO ANTONIO RODRIGO DE LA TORRE, Individually and as Executor of the Estate of Deceased Juan Carlos Andrade Rodriguez, Plaintiff,
CORRECTIONS CORPORATION OF AMERICA, et al., Defendants.
MEMORANDUM OF OPINION AND ORDER [RESOLVING ECF NO.
Y. Pearson United States District Judge.
is a Rule 12(b)(6) motion for partial dismissal filed by
Defendant Corrections Corporation of America
(“CoreCivic”) and individual Defendants Dr. Jason A.
Rupeka, Dr. Armand Minotti, Dr. David Gabriel, OD, and Danny
Hall, P.A. (collectively “Defendants”), seeking
dismissal of Plaintiff Marco Antonio Rodrigo De La Torre,
individually and as Executor of the Estate of Deceased Juan
Carlos Andrade Rodriguez's negligent retention and
supervision claim. ECF No. 23. Plaintiff has responded. ECF
No. 25. Defendants replied. ECF No. 26. For the reasons that
follow, the Court grants the motion.
originally filed this action in the Mahoning County Court of
Common Pleas. Defendants removed the action (ECF No. 1) and
filed a motion to dismiss (ECF No. 4). The Court granted the
motion, in part, and denied the motion, in part. ECF
No. 10. Subsequently, Plaintiff filed a First Amended
Complaint. ECF No. 21. The First Amended Complaint contains
two counts: (1) a wrongful death claim and (2) a negligent
retention and supervision claim. Defendants' motion seeks
dismissal of Count II, the negligent retention and
alleges that Juan Carlos Andrade Rodriguez, an inmate at
Northeast Ohio Correctional Center from February 19, 2010 to
January 3, 2011, died due to Defendants' failure to
monitor his type one diabetes properly during his stay at
NEOCC. Id. at PageID #: 152-53. Rodriguez was
arrested on February 19, 2010. Id. at PageID #: 154.
Plaintiff alleges that, between February 20, 2010 and
February 26, 2010, blood glucose readings that prison staff
took of Rodriguez ranged from 119 to 600. Plaintiff avers
that the American Diabetes Association advises that blood
glucose readings should range between 80-130. Id. at
PageID #: 154-55.
alleges that, during Rodriguez's 318-day stay at NEOCC,
he was found unresponsive on at least eight occasions and
that he spent approximately 200 days in medical isolation.
Id. at PageID #: 155-56. Additionally, a few weeks
after his arrival, Rodriguez was diagnosed with “severe
diabetic retinopathy and micro aneurysms, ” and, on
March 10, 2010, he began reporting medical issues that
included vision problems. Id. at PageID #: 156.
Plaintiff alleges, however, that Rodriguez did not see an eye
specialist until May 19, 2010, and that he did not receive
eye surgery until November 23, 2010 and December 9, 2010.
Id. at PageID #: 156. Moreover, Plaintiff alleges
that issues related to Rodriguez's kidneys went
undiscovered and untreated until Rodriguez went to St.
Elizabeth's Hospital after being found unresponsive.
Id. at PageID #: 156. Plaintiff further alleges that
Defendants failed to provide Rodriguez with diabetic meals
and snacks. Id.
alleges that the Immigrations Customs Enforcement officers
that transported Rodriguez back to Mexico at the end of his
sentence received the following special instruction:
“27 year old Hispanic male with unstable blood sugars,
kidney failure, high blood pressure, visual impairment, and
infectious diarrhea, along with facial and leg/fell
swelling.” Id. at PageID #: 157.
died on July 4, 2014. Id. Plaintiff alleges that,
while incarcerated, Rodriguez only received blood glucose
checks two times a day, even though the discharge papers from
St. Elizabeth's Hospital ordered five blood glucose
checks a day. Id. Plaintiff alleges that
twice-a-day-monitoring and the failure to provide him with a
glucometer violated the Bureau of Prisons' suggested
procedure of three checks a day, plus self-monitoring through
a glucometer. Id. at PageID #: 157-58.
alleges that the Bureau of Prisons ended its contract with
CoreCivic at NEOCC in late 2014. Id. at PageID #:
160. Plaintiff further alleges that this came after the
American Civil Liberties Union of Ohio urged the Bureau of
Prisons to end the contract due to inadequacies in the health
care inmates received at NEOCC. Id. This purported
lack of medical care served as one of the reasons the Bureau
of Prisons ended its contract with CoreCivic. Id.
survive a Fed. R. Civ. P.12(b)(6) motion to dismiss, the
plaintiff's complaint must allege enough facts to
“raise a right to relief above the speculative
level.” Ass'n of Cleveland Fire Fighters v.
City of Cleveland, Ohio, 502 F.3d 545, 548 (6th Cir.
2007) (quoting Bell Atl. Corp. v. Twombly, 550 U.S.
544, 555 (2007)). Fed.R.Civ.P. 8(a)(2) requires only that a
pleading contain “a short and plain statement of the
claim showing that the pleader is entitled to relief.”
However, “a plaintiff's obligation to provide the
‘grounds' of his ‘entitle[ment] to
relief' requires more than labels and conclusions, and a
formulaic recitation of the elements of a cause of action
will not do.” Twombly, 550 U.S. at 555 (citing
Papasan v. Allain, 478 U.S. 265, 286 (1986)). A
complaint requires “further factual enhancement,
” which “state[s] a claim to relief that is
plausible on its face.” Id. at 557, 570. A
claim has facial plausibility when there is enough factual
content present to allow “the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). When a claim lacks “plausibility
in th[e] complaint, ” that cause of action fails to
state a claim upon which relief can be granted. Twombly,
U.S. 550 at 564.
ruling on a Rule 12(b)(6) motion to dismiss, a court may
consider “documents incorporated into the complaint by
reference, and matters of which a court may take judicial
notice.” Solo v. United Parcel Serv. Co., 819
F.3d 788, 794 (6th Cir. 2016) (quoting Tellabs, Inc. v.
Makor Issues & Rights, Ltd., 551 U.S. 308, 322
seek dismissal of Count II of Plaintiff's Amended
Complaint on two grounds: (1) that the statute of limitations
bars the claim and (2) that Plaintiff has failed to allege
facts to show Defendants ...