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Case Name French v. Daviess County JC-KY-0018
Docket / Court 4:07-cv-00105-JHM-ERG ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Jail Conditions
Case Summary
On August 31, 2011, an inmate at the Daviess County Detention Center filed a class-action lawsuit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 against Daviess County and the Daviess County Detention Center. The plaintiffs, represented by private counsel, ... read more >
On August 31, 2011, an inmate at the Daviess County Detention Center filed a class-action lawsuit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 against Daviess County and the Daviess County Detention Center. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, as well as damages, claiming that they were denied medical attention for serious medical needs and necessary medication prescribed by medical authorities because of the defendants' neglect and deliberate indifference in violation of the Eighth and Fourteenth Amendments.

The plaintiffs specifically alleged the defendants that the jail had a blanket policy to deny all psychotropic drugs regardless of their needs and doctors' prescriptions. The plaintiffs alleged that the defendants' conduct was intentional or grossly negligent, and was indicative of not only deliberate indifference to, but active malice and a total and reckless disregard for the rights of the plaintiffs.

On July 23, 2008, Judge Joseph H. McKinley denied the defendants' motion for a more definitive statement. On June 16, 2009, Judge McKinley granted in part and reserved in part the defendants' motion for summary judgment. French v. Daviess Cnty., Ken., 2009 WL 1766928 (W.D. Ky. June 23, 2009).

On August 18, 2009, Judge McKinley denied the plaintiffs' motion for reconsideration and granted summary judgment for the reserved portions of the defendants' motions for summary judgment. Judge McKinley also denied the plaintiffs' motion for class certification. Judge McKinley held that the plaintiff failed to show that any jail personnel deprived him of narcotic pain medication because of an alleged no-narcotics policy. Furthermore, the plaintiff failed to show that placing him on a Valium detoxification protocol was the result of deliberate indifference on the part of jail personnel. French v. Daviess Cnty., Ky., 2009 WL 2589513 (W.D. Ky. Aug. 19, 2009).

On May 5, 2010, Judges Merritt, Cole, and Cook of the Court of Appeals for the Sixth Circuit affirmed the judgment of the district court. The court held that jail officials were not able to obtain reliable information that French needed narcotic pain medication or Xanax. Officials instead made reasoned, individualized determinations as to French's care, such as placing him on a detoxification protocol and transporting him to the hospital. Consequently, jail officials were not deliberately indifferent to French's serious medical needs. French v. Daviess Cnty., Ky., 376 F. App'x 519 (6th Cir. 2010).

Jessica Kincaid - 04/05/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
Medical/Mental Health
Medical care, general
Medical care, unspecified
Medication, administration of
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Daviess County
Plaintiff Description All persons who, while incarcerated at the Daviess County Jail, have been denied medical attention for their serious medical needs and appropriate and necessary medication.
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 2010
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)
4:07-cv-00105-JHM-ERG (W.D. Ky.) 06/01/2010
JC-KY-0018-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Class Action Complaint for Damages and Injunctive Relief 01/11/2008
JC-KY-0018-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
SECOND AMENDED CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF 04/24/2008
JC-KY-0018-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion for a More Definitive Statement] 07/23/2008 (W.D. Ky.)
JC-KY-0018-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Concerning Defendants' Motions for Summary Judgment] 06/16/2009 (2009 WL 1766928) (W.D. Ky.)
JC-KY-0018-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [Denying Motion for Reconsideration] 08/18/2009 (2009 WL 2589513) (W.D. Ky.)
JC-KY-0018-0005.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [USCA Affirming Judgment of the District Court] 05/05/2010 (376 Fed.Appx. 519)
JC-KY-0018-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cole, Ransey Guy Jr. (Sixth Circuit)
JC-KY-0018-0006
Cook, Deborah L. (Sixth Circuit)
JC-KY-0018-0006
Goebel, E. Robert (W.D. Ky.) [Magistrate]
JC-KY-0018-0003 | JC-KY-0018-9000
McKinley, Joseph H. Jr. (W.D. Ky.)
JC-KY-0018-0004 | JC-KY-0018-0005 | JC-KY-0018-9000
Merritt, Gilbert Stroud Jr. (Sixth Circuit)
JC-KY-0018-0006
Monitors/Masters None on record
Plaintiff's Lawyers Belzley, Gregory A. (Kentucky)
JC-KY-0018-0001 | JC-KY-0018-0002 | JC-KY-0018-9000
Carl, Samuel B (Kentucky)
JC-KY-0018-9000
Defendant's Lawyers Asseff, Brent T (Kentucky)
JC-KY-0018-9000
Klausing, Joseph Charles (Kentucky)
JC-KY-0018-9000
Nunley, Marvin P (Kentucky)
JC-KY-0018-9000
Thompson, Jeffrey D (Kentucky)
JC-KY-0018-9000
Whonsetler, Scott P (Kentucky)
JC-KY-0018-9000
Other Lawyers None on record

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