United States District Court, S.D. Ohio, Western Division
REPORT AND RECOMMENDATION
STEPHANIE K. BOWMAN UNITED STATES MAGISTRATE JUDGE.
an individual who is currently incarcerated at the London
Correctional Institution (“LCI”) and who proceeds
pro se, tendered a complaint against thirteen
individuals on May 22, 2017. On June 30, 2017, the
undersigned granted Plaintiff leave to proceed in forma
pauperis. On the same date, the undersigned filed a
Report and Recommendation (“R&R”),
subsequently adopted as the opinion of the Court,
recommending that multiple claims be dismissed for failure to
state a claim, but that two claims against a total of seven
individual Defendants be permitted to proceed. (Docs. 5, 22).
pending before the undersigned are more than a dozen motions,
including two motions to dismiss this lawsuit for lack of
subject matter jurisdiction. For the reasons discussed below,
the motions to dismiss should be GRANTED and all other
motions should be denied as moot.
Plaintiff's 15-page complaint contains additional
allegations, this R&R discusses only those allegations
that pertain to the two claims permitted to proceed beyond
the screening stage.
to a medical record attached to his complaint, Plaintiff is
74 years of age. (See Doc. 4 at 13). Plaintiff
alleges that on January 20, 2017, when he first arrived at
the Butler County Jail, Defendant Officer Hartman
“physically assaulted me by taking hold of me and
throwing me up against the stone wall and pushing me as hard
as he could, breaking my arm-elbow and fracturing my right
shoulder.” (Id. at 5). On February 10, 2017,
Plaintiff was transferred from the Butler County Jail first
to the Upper Valley Medical Center for treatment, and then to
the Miami County Jail, where he was incarcerated at the time
he filed his complaint. (Doc. 4). Plaintiff alleges that
officials at both jail facilities failed to provide him with
adequate medical treatment. Thus, in addition to his
excessive force claim against Defendant Hartman, Plaintiff
alleges that seven individual Defendants (including Hartman)
exhibited deliberate indifference to Plaintiff's serious
medical needs, both with respect to Plaintiff's acute
injury to his arm/elbow and/or shoulder, and with respect to
Plaintiff's long-standing chronic pain issues due to
severe degenerative disc disease. (See Doc. 4 at
13). Plaintiff specifically complains that jail officials
discontinued his prescribed pain medications, and instead
offered him only over-the-counter medications to treat his
chronic, severe pain.
June 30, 2017 R&R, the undersigned initially recommended
that Plaintiff be permitted to proceed with an Eighth
Amendment claim of excessive force against Defendant Hartman,
and that he also be permitted to proceed with a second Eighth
Amendment claim for deliberate indifference to his serious
medical needs against the following Defendants: Officer
Hartman, Butler County Jail Dr. Abdullah, Miami County Jail
Dr. Cole, Miami County Sheriff's Department Lt. Nate
Collett, Miami County Jail “Nurse Kate” and
“Nurse Sue, ” and Butler County Sheriff's
Department [unnamed] ENT-Medical Nurse. (Doc. 5 at 5, 7).
R&R took note of the fact that for his claim for relief,
Plaintiff was seeking injunctive relief. The R&R did not
note any other claim for relief, as no other type of claim
for relief appeared on the face of the complaint.
(Id. at 5).
September 7, 2017, mail sent to Plaintiff at the address he
had listed was returned to this Court as undeliverable.
Thereafter, the Court directed Plaintiff to “show
cause” for his failure to keep the Court apprised of
his current address. (Docs. 25, 27). The same order directed
the parties to file any motions to amend their pleadings by
October 31, 2017, to complete discovery by May 31, 2018, and
to file dispositive motions by July 31, 2018. (Doc. 27).
filings dated October 2 and October 5, 2017, Plaintiff
notified the Court of a new address, indicating that he had
been transferred to the Correctional Reception Center
(“CRC”) on or about August 21, 2017. On October
23, 2017, Plaintiff notified this Court of an additional
change of address, insofar as he was moved on October 19,
2017 to the London Correctional Institution in London, Ohio
to serve out his sentence. (Doc. 43).
October 11, 2017, three of the Defendants associated with
Miami County Jail (Dr. Cole, Nurse Kate and Nurse Sue) filed
a motion to dismiss for lack of subject matter jurisdiction.
(Doc. 39). On March 5, 2018, the remaining four Defendants
(Butler County Dr. Anthony Abdullah, Officer Todd Hartman,
ENT-Medical Nurse of the Butler County Sheriff's
Department, as well as Miami County Sheriff's Department
Nate Collet), filed a similar motion to dismiss for lack of
subject matter jurisdiction. (Doc. 71).
Defendants' Motions to Dismiss
seven Defendants persuasively argue that this Court lacks
subject matter jurisdiction because Plaintiff has not been
housed at either of the County Jails since August 21, 2017,
and instead has been transferred to a more permanent prison
location by the Ohio Department of Rehabilitation and
Corrections. All seven Defendants are associated with either
Butler County or Miami County Jails, and none are associated
with, or work at, the London Correctional Institution where
Plaintiff is serving out his sentence. In short,
Plaintiff's claims for injunctive relief have been
rendered moot based upon his transfer to London Correctional
Court's jurisdiction is limited to “real and
substantial controvers[ies] admitting of specific relief
through a decree of a conclusive character” by the case
or controversy clause of Article III of the Constitution.
North Carolina v. Rice, 404 U.S. 244, 246 (1971)
(citing Aetna Life Ins. Co. v. Haworth, 300 U.S.
227, 240-241 (1937)); see also U.S. Const. art. III,
§ 2, cl. 1. “Mootness results when events occur
during the pendency of a litigation which render the court
unable to grant the requested relief.” Carras v.
Williams, 807 F.2d 1286, 1289 (6th Cir. 1986)(additional
citation omitted). The Sixth Circuit has held that an
inmate's claims for ...