University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Chapman v. Hardin County, Kentucky JC-KY-0014
Docket / Court 3:05-cv-00433-CRS-DW ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Jail Conditions
Case Summary
On August 1, 2005, a female inmate at the Hardin County Detention Center (HCDC) filed a civil rights class action lawsuit pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Western District of Kentucky. The plaintiff, represented by private counsel, alleged that she and other inmates ... read more >
On August 1, 2005, a female inmate at the Hardin County Detention Center (HCDC) filed a civil rights class action lawsuit pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Western District of Kentucky. The plaintiff, represented by private counsel, alleged that she and other inmates of the Jail contracted Methicillin-Resistant Staphylococcus Aureus (MRSA) because of inadequate policies and practices to diagnose, treat, isolate, and prevent the spread of MRSA. The plaintiff sought monetary relief, as well as class certification.

On May 15, 2006, the plaintiffs were granted leave to amend their complaint to add claims of additional individual plaintiffs over the objection of defendants that some claims were barred by the statute of limitations. Chapman v. Hardin County, 2006 WL 1382272 (W.D.Ky. 2006). The complaint was amended a second time on July 28, 2006.

On July 30, 2007, the plaintiffs moved for class certification. Magistrate Judge Dave Whalin denied the motion in February 2009, holding there was no single set of operative facts from which all of their claims arose. Whether the HCDC failed to protect Chapman was determined to be "an inquiry complete unto itself." For the same reasons, would-be class members' motion to intervene was denied in May 2009.

The case was dismissed in December 2010, as the plaintiff's counsel withdrew from the case due to an adverse decision by the Sixth Circuit in a separate case against defendant involving a prisoner with MRSA. Wooler v. Hickman County, et al., 377 Fed. Appx. 502 (6th Cir. May 14, 2010). The grant of summary judgment to the HCDC was upheld because the sheriff, physicians, and nurses were not "deliberately indifferent" to the plight of the prisoner.

Dan Dalton - 08/01/2007
Dan Hofman - 03/20/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Sanitation / living conditions
Medical/Mental Health
Medical care, general
Skin Infections
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Hardin County
Plaintiff Description A female inmate at the Hardin County Detention Center who contracted MRSA.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
3:05-cv-00433-CRS-DW (W.D. Ky.) 02/10/2011
JC-KY-0014-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/01/2005
JC-KY-0014-0001.pdf | Detail
Memorandum Opinion and Order 05/15/2006 (2006 WL 1382272 / 2006 U.S.Dist.LEXIS 47095) (W.D. Ky.)
JC-KY-0014-0010.pdf | WESTLAW| LEXIS | Detail
Second Amended Complaint 07/28/2006
JC-KY-0014-0002.pdf | Detail
Expert Report - Gordon C. Kamka 01/29/2007
JC-KY-0014-0003.pdf | Detail
Memorandum in Support of Motion for Class Certification 07/30/2007
JC-KY-0014-0004.pdf | Detail
Memorandum Opinion 02/11/2009 (2009 WL 366521) (W.D. Ky.)
JC-KY-0014-0008.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order 05/14/2009 (2009 WL 1373956) (W.D. Ky.)
JC-KY-0014-0007.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Findings of Fact, Conclusions of Law, and Recommendation 12/14/2010
JC-KY-0014-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 01/12/2011 (W.D. Ky.)
JC-KY-0014-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Simpson, Charles Ralph III (W.D. Ky.)
JC-KY-0014-0006 | JC-KY-0014-0007 | JC-KY-0014-0008 | JC-KY-0014-0010 | JC-KY-0014-9000
Whalin, Dave (W.D. Ky.) [Magistrate]
JC-KY-0014-0005 | JC-KY-0014-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, James L. (Kentucky)
JC-KY-0014-9000
Belzley, Gregory A. (Kentucky)
JC-KY-0014-0003 | JC-KY-0014-0004 | JC-KY-0014-0010 | JC-KY-0014-9000
Durham, Matthew Eliot (Kentucky)
JC-KY-0014-9000
Miller, Douglas E. (Kentucky)
JC-KY-0014-0001 | JC-KY-0014-0002 | JC-KY-0014-0004 | JC-KY-0014-0010 | JC-KY-0014-9000
Defendant's Lawyers Bland, T. Steven (Kentucky)
JC-KY-0014-9000
Blankenship, Stacey A. (Kentucky)
JC-KY-0014-0010 | JC-KY-0014-9000
Howard, Kenneth M. (Kentucky)
JC-KY-0014-0010 | JC-KY-0014-9000
Moore, Douglas R. (Kentucky)
JC-KY-0014-9000
Moore, Philip W. (Kentucky)
JC-KY-0014-9000
Other Lawyers None on record

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