Case: French v. Daviess County

4:07-cv-00105 | U.S. District Court for the Western District of Kentucky

Filed Date: Aug. 20, 2007

Closed Date: 2010

Clearinghouse coding complete

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, 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 autho…

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).

Summary Authors

Jessica Kincaid (4/5/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4828263/parties/french-v-daviess-county-kentucky/


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Documents in the Clearinghouse

Document

4:07-cv-00105

Docket [PACER]

June 1, 2010

June 1, 2010

Docket
16

4:07-cv-00105

First Amended Class Action Complaint for Damages and Injunctive Relief

Jan. 11, 2008

Jan. 11, 2008

Complaint
23

4:07-cv-00105

SECOND AMENDED CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

April 24, 2008

April 24, 2008

Complaint
54

4:07-cv-00105

Order [Denying Motion for a More Definitive Statement]

July 23, 2008

July 23, 2008

Order/Opinion
108

4:07-cv-00105

Memorandum Opinion and Order [Concerning Defendants' Motions for Summary Judgment]

June 16, 2009

June 16, 2009

Order/Opinion

2009 WL 1766928

123

4:07-cv-00105

Memorandum Opinion and Order [Denying Motion for Reconsideration]

Aug. 18, 2009

Aug. 18, 2009

Order/Opinion

2009 WL 2589513

126

4:07-cv-00105

09-05983

Order [USCA Affirming Judgment of the District Court]

U.S. Court of Appeals for the Sixth Circuit

May 5, 2010

May 5, 2010

Order/Opinion

376 Fed.Appx. 519

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4828263/french-v-daviess-county-kentucky/

Last updated Sept. 17, 2025, 12:26 a.m.

ECF Number Description Date Link Date / Link
108

MEMORANDUM OPINION AND ORDER granting in part and reserving in part 74 Motion for Summary Judgment; granting in part and reserving in part 75 Motion for Summary Judgment; granting in part and reserving in part 78 Motion for Summary Judgment; denying 90 Motion for Hearing. Signed by Judge Joseph H. McKinley, Jr on 6/16/09. cc:counsel (JBM)

June 23, 2009

June 23, 2009

RECAP
123

MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr on 8/18/09; Plaintiff's motion for reconsideration 110 is DENIED; Defendant's motion 109 for partial summary judgment is GRANTED; Reserved portions of defendant's motions for summary judgment 74 , 75 and 78 are GRANTED; Plaintiff's motion to certify class 79 is DENIED as moot. A Judgment will be entered consistent with this Memorandum Opinion and Order.cc:counsel (JBM)

Aug. 19, 2009

Aug. 19, 2009

RECAP

Case Details

State / Territory: Kentucky

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 20, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

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.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Daviess County (Owensboro, Daviess), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Affected Sex/Gender(s):

Female

Male

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified

Medication, administration of