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Storey v. Effingham County

United States District Court, S.D. Georgia, Savannah Division

July 23, 2015

VALERIE STOREY, Individually and as Executrix of the ESTATE OF KENNETH CARTEE, Plaintiffs,
v.
EFFINGHAM COUNTY, JIMMY MCDUFFIE, Individually, JIMMY MCDUFFIE, in his official capacity as Effingham County Sheriff, TRANSFORMHEALTHRX, INC., EFFINGHAM COUNTY BOARD OF COMMISSIONERS, ASHBY LEE ZYDONYK, Deputy, BRYAN SHEARHOUSE, Corporal, et al. Defendants.

ORDER

This civil rights case traces to the September 9, 2012 arrest of Kenneth Cartee. On that day he suffered from a chronic and severe mental disability resulting from an attempted suicide many years earlier. Doc. 1 at 2.[1] He also "was violent to [p]laintiff Valerie Storey and suicidal due to his mental disability and his inability to correctly ingest his [prescribed] medications . . . ." Id. at 2. Law enforcement took him to jail, where he was deprived of critical medical care. Id. at 3 "Cartee eventually died on June 25, 2013 from medical complications arising from the condition he was left in after his incarceration." Id.

Storey, his estate's representative, thus brought this 42 U.S.C. § 1983 action. Doc. 1. One of the defendants subpoenaed Gateway Behavioral Health Services - evidently for Cartee's medical records. Doc. 53. Gateway's otherwise-supported motion to quash or modify that subpoena is unopposed under Local Rule 7.5 (no response means no opposition), so the Court GRANTS the maximum relief Gateway requests. Doc. 53 at 1 ("to quash or modify" it). Accordingly, the subpoena is QUASHED. Any party who subpoenas Gateway must consult the "how-to" guide supplied in Gateway's brief (doc. 53) before serving the subpoena. The Court also imports D.KAN. RULE 37.2[2] into this case.

SO ORDERED.


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