Olynthea Johnson v. State of Vermont, et al.

Burlington, Vermont civil rights lawyers represented Plaintiff who sued Defendants on a prisoner civil rights violation theory.



Plaintiff Olynthea Johnson, administrator of the Estate of Kenneth Johnson, brings this action against Defendants State of Vermont, Department of Corrections (the &ldquo ;Vermont DOC”); Robert Wright ("Officer Wright”); Sirena Zahn ("Officer Zahn”); Brian Mercer ("Officer Mercer”)[1]; Centurion of Vermont, LLC ("Centurion”); Steven Fisher, MD ("Dr. Fisher”); Daniel Holloway, MD ("Dr. Holloway”); Mary Martin ("Nurse Martin”); Michele Cardinal ("Nurse Cardinal”); Sabine Watson ("Nurse Watson”); and four nurses whose identities have not yet been ascertained ("Unknown Nurses”) (collectively "Defendants”).



Plaintiffs Amended Complaint (Doc. 27-2) (the "AC”) alleges the following claims, all of which relate to Mr. Johnson's death while he was detained at the Northern State Correctional Facility ("NSCF”) in Newport, Vermont: Count I: Medical Malpractice (against Centurion, Dr. Fisher, Dr. Holloway, Nurse Martin, Nurse Cardinal, Nurse Watson, and Unknown Nurses); Count II: Negligence (against Officer Wright, Officer Zahn, and Officer Mercer); Count III: Gross Negligence (against Officer Wright, Officer Zahn, Officer Mercer, Nurse Martin, Nurse Cardinal, Nurse Watson, and Unknown Nurses); Count IV: Failure to Train and Supervise (against Vermont DOC, Centurion, Officer Wright, and Dr. Fisher); Count V: Wrongful Death (against all Defendants); Count VI: Cruel and Unusual Punishment (against Nurse Martin, Nurse Cardinal, Nurse Watson, Unknown Nurses, and Officer Wright); Count VIII: Violation of the Right to Equal Protection (against Nurse Martin, Nurse Cardinal, Nurse Watson, Unknown Nurses, and Officer Wright).[2]...







On February 7, 2022, Defendant Fisher removed the action to the District of Vermont. Nurse Cardinal, Dr. Fisher, and Nurse Watson filed a partial motion to dismiss on February 14, 2022. (Doc. 17.) The Vermont DOC, Officer Wright, and Officer Zahn filed a motion to dismiss on April 29, 2022. (Doc. 40.) Centurion and Dr. Holloway filed

a motion to dismiss on April 29, 2022. (Doc. 42.)...

For the reasons set forth above, the court GRANTS IN PART and DENIES IN PART Defendants' motions to dismiss. (Docs. 17, 40, & 42.) SO ORDERED.