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Randolph E. Brakke, Sr v. Idaho Department of Corrections

September 25, 2012

RANDOLPH E. BRAKKE, SR., PLAINTIFF,
v.
IDAHO DEPARTMENT OF CORRECTIONS, IDAHO STATE CORRECTIONAL INSTITUTION, BRENT REINKE, RANDY BLADES, JOHN HARDISON, CORIZON, TOM DOLAN, TOM MANWARY, RONA STIEGER, JAN EPPS, DR. SANDERS, JOSH TUCKETT, MS. LANE, APRIL DAWSON, DR. DUBOSON, MR. THOMPSON, DR. GULLICK, UNKNOWN PRISON STAFF OFFICIALS/OFFICERS 1-10, UNKNOWN MEDICAL STAFF JOHN AND JANE DOES 1-10, JOHN DOE, MARK DOE, DEFENDANTS.



The opinion of the court was delivered by: Honorable Larry M. Boyle U. S. Magistrate Judge

MEMORANDUM DECISION AND ORDER

This matter is before the Court on Defendants motion to dismiss for improper service of process. (Dkts. 18, 23 & 29).*fn1 Having reviewed the parties' briefing and the record, the Court has determined that oral argument will not aid in rendering its decision in this matter and the pending motion will be decided on the written materials submitted.

Being fully advised, the Court issues the following Memorandum Decision and Order denying Defendants' motion.

BACKGROUND

In August 1999, Plaintiff was sentenced to ten to fifteen years imprisonment in the custody of the Idaho Department of Correction ("IDOC"). (Complaint, Dkt. 1 at 9). Plaintiff was first housed in the Idaho Maximum Security Institution ("IMSI") for nine and a half months. (Id. at 12-13) In 2000, Plaintiff was moved to the Idaho Correction Center ("ICC"), where he served six and a half years. (Id.) In fall 2006, Plaintiff was transferred to the Idaho State Correctional Institution ("ISCI"), where he served the remainder of his sentence. (Id.). Plaintiff was released on parole August 26, 2009, where he remains. (Id.)

Plaintiff claims that "[w]hen he entered prison he suffered from no physical illnesses," but when he "was released on parole his health condition had become critical due in part to the extreme lack of medical care in prison." (Id.) Specifically, in 2004, Plaintiff was diagnosed with high blood pressure and associated headaches. (Id.) After being transferred to ICC, Plaintiff began experiencing health issues and "began to send medical kites for medical attention." (Id.) Plaintiff was ultimately diagnosed with a cancerous lesion in his mouth, advanced-stage renal failure, kidney disease, and Hepatitis-C, which was apparently contracted during his incarceration. (Id.) As a result of the cancer diagnoses, Plaintiff claims that he "has lost fourteen teeth, [suffered] facial disfigurement, [and] loss of part of his tongue. (Id.)

Plaintiff claims that he needlessly suffered and continues to suffer from "excruciating pain from his oral cancer, failing liver function, and is also now subject to a lifelong medical condition of advanced stage kidney disease, all from lack of adequate treatment." (Id.) Plaintiff claims that "Defendants were negligent in performing their . duties to provide Plaintiff with adequate medical care." (Id.) Plaintiff further makes claims regarding the grievance and concern form process, alleging that "prison guards and medical staff on many occasions removed and destroyed several concern forms and grievances that Plaintiff filed for medical assistance.." (Id. at 24.)

Appearing pro se, but not in forma pauperis, Plaintiff filed his Complaint on September 29, 2011. On October 3, 2011, he attempted to serve the medical Defendants by delivering a copy of the complaint and thirteen summonses to the Boise Corizon office. The complaint and summonses were served on Thomas Dolan, the Regional Vice President for Corizon. (Affidavit of Thomas Dolan, Dkt. 18-2 at 3). Dolan claims that he is not authorized to accept service on behalf of Corizon. (Id.)

Plaintiff makes his claims pursuant to 42 U.S.C. § 1983, under the First, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution. Plaintiff seeks unspecified injunctive and declaratory relief, compensatory damages of $1 million, and punitive damages of $3.5 million. (Id. at 26.)

DISCUSSION

Defendants argue that this Court lacks jurisdiction over the medical defendants because "Plaintiff has failed to accomplish proper service as required by Rules 4(e) and (h) of the Federal Rules of Civil Procedure." (Defendant's Brief, Dkt. 18-1, 4).

Defendants reasons that service was improper because it was served upon an improper party, Corizon Vice President Thomas Dolan. (Id.) Dolan avers that, while he is a vice president, he is "not an officer of Corizon, Inc., nor [is he] a managing or general agent." (Id.)

Federal Rule of Civil Procedure 4(d)(3) provides in relevant part: Service shall be made as follows: Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of processand, if the agent is ...


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