KEENAN v. JONES et al, No. 1:2019cv01399 - Document 55 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 03/05/2021. (tran, c/m on 03/05/21)
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KEENAN v. JONES et al Doc. 55 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division George W.Keenan Plaintiff, ) ) ) V. ) l:19cvl399(TSE/TCB) ) Julie L,Jones, et aU Defendants. ) ) MEMORANDUM OPINION Plaintiff George W.Keenan is a Florida inmate housed within the Virginia Department of Corrections(VDOC)pursuant to an Interstate Corrections Compact. He has filed a pro sq civil action under 42 U.S.C. ยง 1983, against numerous VDOC personnel and the Secretary ofthe Florida Department of Corrections(FDOC),claiming that they collectively acted with deliberate indifference to his serious medical need. The VDOC defendants have moved to dismiss the claims against them.' [Dkt. Nos. 40,43,45]. Plaintiff has received the notice required by Local Civil Rule 7(K) and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975)[Dkt. Nos. 42,43,45], and he opposes defendants' motions [Dkt. No. 52]. For the reasons explained below, only the Eighth Amendment claim against Dr. Campbell plausibly alleges a claim for relief. Therefore, Dr. Campbell's motion to dismiss must be denied. The motions to dismiss filed by the remaining five defendants must be granted, and the claims against them shall be dismissed. I. Background The operative complaint alleges that Plaintiff, who was housed at St. Brides Correctional Center at all relevant times, was denied treatment for Hepatitis C from the time the infection was detected in 2015, up until at least the time he filed this lawsuit on February 8, 2019.[Dkt. Nos. 1, 'The remaining defendant, Julie L. Jones, the former Secretary ofthe FDOC, has yet to appear in this lawsuit. [Dkt. No. 53]. Dockets.Justia.com
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