MCCANTS v. BERRINGER et al, No. 1:2017cv00935 - Document 37 (M.D.N.C. 2018)

Court Description: MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 8/8/2018. RECOMMENDED that Defendants' motions to dismiss for failure to state a claim (Docket Entries [21 ], 28 ) be GRANTED IN PART and DENIED IN PART. As to Plaintiffs §1983 claim predicated on deliberate indifference to a serious medical need in violation of the Eight Amendment's prohibition on cruel and unusual punishment, Defendan ts' motions should be DENIED; As to any claim based on medical malpractice, Defendants' motions should be GRANTED; As to any claim based on simple negligence, Defendants' motions should be GRANTED as to Defendan ts Nurse Berringer, Nurse Supervisor Glick, Unit Manager Thompson, and Sergeant Huneycutt and DENIED as to Defendant Brathwaite; As to any claim based on supervisor liability, Defendants' motions should be GRANTED as to Defendants Unit Manager Thompson and Sergeant Huneycutt. (Daniel, J)