Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1 :08-cv-00184-GIVIS Document 8 Filed 05/27/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
J. ANTHONY HUTT, et al, :
Plaintiffs _
v. : A
CORRECTIONAL MEDICAL SERVICES, : Civil Action N0.: 1:08-cv-00184 GMS
INC., et al , 2
: JURY TRIAL DEMANDED I
Defendants. :

DEFENDANT, CORRECTIONAL MEDICAL SERVICES, INC.’S
MOTION TO DISMISS PLAINTIFFS’ COMPLAINT
PURSUANT TO FED. R. CIV. P. 12(b)(6)

Daniel A. Griffith, Esquire
Attorney Bar ID No. 4209
WHITEFORD TAYLOR &
PRESTON, LLC
1220 Market Street, Suite 608
Wilmington, DE 19801
(302) 482-8754
Attorneys for Defendant,
Correctional Medical Services, Inc.
Dated: May 27, 2008

Case 1:08-cv—00184-G|\/IS Document 8 Filed 05/27/2008 Page 2 of 3
Defendant, Correctional Medical Services, Inc., by and through its counsel, Whiteford A
Taylor & Preston, LLC, hereby moves for the dismissal of the Plaintiffs’ Complaint as to it and
in support thereof avers as follows:
l. Plaintiffs are inmates or former inmates of the Howard R. Young Correctional
Institution who filed this action to redress allegedly inadequate medical care received while
incarcerated. Movant, Correctional Medical Services, Inc. ("CMS") is alleged and in the V
Complaint to have provided health care services to the inmates pursuant to a contract between
CMS and the Delaware Department of Corrections ("DOC").
2. As against CMS, Plaintiffs’ Complaint is structured as follows: each inmate has pled
(1) a federal claim under 42 U.S.C. §l983 for failure to provide constitutionally adequate
medical care in violation of the Eighth Amendment to the United States Constitution and (2)
claim for medical negligence under state law 18 Del.C. §6801.
3. With respect to Plaintiffs’ claims under 42 U.S.C. §1983, Plaintiffs correctly assert
that CMS was acting "under color of law" pursuant to its contract with the State of Delaware
when undertaking its medical treatment ofthe Plaintiffs. This is natural since such an allegation
is necessary to support the 42 U.S.C. §l983 claim.
4. This Court has repeatedly held, however, that those retained by the State of Delaware
to provide medical treatment for inmates are immune from 42 U.S.C. §1983 liability by virtue of
the Eleventh Amendment to the United States Constitution. See, Abraham v. State of Delaware
Department of Corrections, et al., 2007 U.S. Dist. LEXIS 89411 (D. Del.) (decided and filed
December 4, 2007); Castillo v. Civigenics Program, etal., 2006 U.S. Dist. LEXIS 21992 (D.
Del.) (decided March 31, 2006); Hamilton et al. v. Civigenics, et al., 2005 U.S. Dist. LEXIS
2625 (D. Del.) (decided February 22, 2005).
1

Case 1:08-cv—00184-G|\/IS Document 8 Filed 05/27/2008 Page 3 of 3
5. Similarly, Plaintiffs cannot maintain their state law medical malpractice claim against
CMS in this Court. See, Hamilton et al. v. Civigenics, et al, supra. A
6. ln short, as a state actor providing medical services for the State of Delaware "under q
color of State law", CMS is immune from liability for both Plaintiffs’ 42 U.S.C. §l983 claims. T
Plaintiffs’ state law medical negligence claims cannot proceed in this Court. Consequently,
Plaintiffs’ Complaint must be dismissed as to CMS for failure to state a claim upon which relief 2
can be granted pursuant to Fed.R.Civ.P. 12(b)(6).
7. l\/[ovant refers the Court to its Opening Brief in Support of Motion to Dismiss 0
Plaintiffs’ Complaint filed simultaneously herewith.
WHEREFORE, Defendant, Correctional Medical Services, Inc. respectfully requests that
this Honorable Court dismiss Plaintiffs’ Complaint as to it for failure to state a claim upon which
relief can be granted pursuant to Fed.R.Civ.P. l2(b)(6).
WHITEFORD TAYLOR PRESTON, LLC
/.9/ Daniel A. Grigffzth p
Daniel A. Griffith, Esquire (No. 4209) P
1220 Market Street, Suite 608
Wilmington, DE 19801
(302) 482-8754
2

Case 1 :08-cv-00184-GIVIS Document 8-2 Filed 05/27/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT i
FOR THE DISTRICT OF DELAWARE
J. ANTHONY HUTT, et al, : .
Plaintiffs :
v. : p
CORRECTIONAL MEDICAL SERVICES, INC., : Civil Action No.:
et al :
, : JURY TRIAL DEMANDED _
Defendants. :
NOTICE OF SERVICE q
I, Daniel A. Griffith, Esquire hereby certifies that on this 27th day of May, 2008, a copy ;
of the foregoing Defendant, Correctional Medical Services, Inc.’s Motion to Dismiss Plaintiffs’ p
Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) was electronically delivered via e-file to
Joseph M. Bernstein, Esquire
800 North King Street
Suite 302
Wilmington, DE 19801
Bruce L. Hudson, Esquire
800 North King Street
Suite 302
Wilmington, DE 19801
/s/ Daniel A. Griffith
Daniel A. Griffith, Esquire

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