Opinion

Kenyon v. Amherst County Jail

Court
Court of Appeals for the Fourth Circuit
Filed
Sep 27, 2000
Status
Unpublished
Cited by
0 cases

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-1761

K. MORGAN KENYON,

Plaintiff - Appellant,

versus

AMHERST COUNTY JAIL, Amherst, Virginia;

LORETTA WRIGHT, Sergeant, Amherst County Jail,

1996, individually and in her official capac-

ity; MARVIN HENLEY, Deputy, Amherst County

Jail, 1996, individually and in his official

capacity; JOHN DOE, Deputy, Amherst County

Jail, 1996, individually and in his official

capacity; BETSY PITSENBARGER, RN, Amherst

County Jail, 1996, individually and in her

official capacity; AMHERST COUNTY SHERIFF'S

DEPARTMENT, Amherst, Virginia; JAMES T. AYERS,

Sheriff of Amherst County, in his official

capacity; AMHERST FAMILY PRACTICE, Amherst,

Virginia; WILLIAM D. BROWN, President, Amherst

Family Practice, in his official capacity;

RENEE WILSON, FNP, individually and in her

official capacity as Amherst Family Practice

nurse-practitioner; AUGUSTINE W. FAGAN, indi-

vidually and in his official capacity as Exec-

utive Director of CVCS Board, 1996; JOAN

LAWRIE, individually and in her official

capacity as CVCS Board Chairman, and Campbell

County Citizen Representative, 1996; TERRIE

CONRAD, individually and in her official

capacity as CVCS Board Vice-Chair, Appomattox

County Citizen Representative; SAM MELA,

individually and in his official capacity as

CVCS Board City of Lynchburg Citizen Rep-

resentative, 1996; CYNTHIA MOON, individually

and in her official capacity as CVCS Board

Lynchburg City Citizen Representative, 1996;

NAOMI SPINNER, individually, and in her offi-

cial capacity as CVCS Board Secretary, Con-

sumer Advocate Council, 1996; LEON PARRISH,

individually and in official capacity as CVCS

Board Treasurer, Amherst County Representa-

tive, 1996; JAMES BEGLEY, individually and in

his official capacity as CVCS Board City of

Bedford Representative, 1996; LISA HUTCHINS,

individually and in her official capacity as

CVCS Board Lynchburg Area Mental Health Asso-

ciation representative, 1996; LEIGHTON LANG-

FORD, individually and in his official capac-

ity as CVCS Board Bedford County Citizen

Representative, 1996; JIMMY MAYS, individually

and in his official capacity as CVCS Board

Campbell County elected Representative, 1996;

RUSSELL MOORE, individually and in his offi-

cial capacity as CVCS Board Appomattox County

elected Representative, 1996; SHIRLEY MOORE,

(deceased) individually and in her official

capacity as CVCS Board Lynchburg ARC Repre-

sentative, 1996; WAYNE NEWCOMB, individually

and in his official capacity as CVCS Board

elected Bedford County Representative, 1996;

CHAD VALENTINE, individually and in his offi-

cial capacity as CVCS Board Amherst County

Citizen Representative, 1996; D. L. WARREN,

individually and in his official capacity as

CVCS Board City of Lynchburg Elected Repre-

sentative, 1996; NANNIE RUSSELL, individually

and in her official capacity as CVCS Board

Representative, 1996; LYNCHBURG GENERAL

HOSPITAL; GEORGE W. DAWSON, President and CEO

of Centra Health, Inc., individually and in

his official capacity and tortfeasor, and in

his official capacity as a member of Centra’s

Executive Committee, individually and in his

official capacity as a member of Centra’s

Board of Directors; L. DARRELL POWERS, Presi-

dent of Lynchburg General Hospital, 1996, in

his official capacity; LARRY BOWEN, RN, indi-

vidually and in his official capacity and co-

conspirator who signed the illegal medical

transfer; MIRANA BREITT, Ph.D., individually

and in her official capacity as Director of

Centra’s Mental Health Department as tort-

feasor; ROBERT WEIMAR, CMH, individually and

in his official capacity as an unlicensed

mental health counselor employed by CENTRA's

Lynchburg General Hospital, 1996, as tort-

2

feasor; CARLETON JOHNSON, Ph.D., individually

and in his official capacity as a Centra

psychologist, 1996, as tortfeasor; WALTER B.

BEVERLY, MD, individually and in his official

capacity as President of the Medical Staff, as

tortfeasor, and in his official capacity as

Lynchburg Emergency Physicians employee, in

his official capacity as a member of Centra’s

Board of Directors, and in his official

capacity as a member of Centra’s Executive

Committee; MICHAEL VOTH, MD, individually and

in his official capacity as ER physician

contracted with CENTRA, 1996, as tortfeasor,

and in his official capacity as Lynchburg

Emergency Physicians’ employee; CURT WHITLOCK,

individually and in his official capacity as

Centra's Risk Manager, as tortfeasor; WILLIAM

A. BURKE, individually and in his official

capacity as a member of Centra's Board of

Directors, in 1998; JAMES K. CANDLER, indi-

vidually and in his official capacity as a

member of Centra's Board of Directors, and in

his official capacity as a member of Centra’s

Executive Committee of the Board; SAMUEL P.

CARDWELL, individually and in his official

capacity as a member of Centra's Board of

Directors; JAMES A. CONNER, individually and

in his official capacity as a member of

Centra's Board of Directors; J. ROBERT

DAVENPORT, individually and in his official

capacity as a member of Centra's Board of

Directors, and in his official capacity as a

member of Centra’s Executive Committee; ROBERT

VINCENT DOLAN, individually and in his offi-

cial capacity as a member of Centra's Board of

Directors, and in his official capacity as a

member of Centra’s Executive Committee; ROBERT

I. ELLIOT, MD, individually and in his offi-

cial capacity as a member of Centra's Board of

Directors; RODGER P. FAUBER, individually and

in his official capacity as a member of

Centra's Board of Directors, and in his offi-

cial capacity as a member of Centra’s Execu-

tive Committee; SAMUEL P. FULLER, MD, indi-

vidually and in his official capacity as a

member of Centra's Board of Directors, and in

his official capacity as a member of Centra’s

Executive Committee; STANLEY GOLDSMITH, indi-

3

vidually and in his official capacity as a

member of Centra's Board of Directors; FAY C.

HILL, individually and in her official

capacity as a member of Centra's Board of

Directors, and in her official capacity as a

member of Centra’s Executive Committee; JAY E.

HOPKINS, MD, individually and in his official

capacity as member of Centra's Board of

Directors; ROBERT S. LOCKRIDGE, JR., individ-

ually and in his official capacity as Centra

Board of Directors member, and in his official

capacity as a member of Centra’s Executive

Committee; JO PENLEY, individually and in her

official capacity as member of Centra's Board

of Directors; AUGUSTUS A. PETTICOLAS, JR.,

DDS, individually and in his capacity as a

member of Centra's Board of Directors; JERRY

T. PRICE, individually and in his official

capacity as a member of Centra's Board of

Directors, and in his official capacity as a

Director of Lynchburg Emergency Physicians;

HAYWOOD ROBINSON, JR., Reverend, individually

and in his official capacity as a member of

Centra's Board of Directors, and in his

official capacity as a member of Centra’s

Executive Committee; MARC A. SCHEWEL, indi-

vidually and in his official capacity as a

member of Centra's Board of Directors; IRMA W.

SEIFERTH, individually and in her official

capacity as a member of Centra's Board of

Directors; RICHARD F. STOWERS, JR., MD, indi-

vidually and in his official capacity as a

member of Centra's Board of Directors, and in

his official capacity as a member of Centra’s

Executive Committee; WALKER P. SYDNOR, JR.,

individually and in his official capacity as a

member of Centra's Board of Directors, and in

his official capacity as a member of Centra’s

Executive Committee; JEFFREY W. WILSON, MD,

individually and in his official capacity as a

member of Centra's Board of Directors;

CONSUELIA K. WOODS, individually and in her

official capacity as a member of Centra's

Board of Directors; DEPARTMENT OF MENTAL

HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE

SERVICES BOARD (DMHMRSAS); RICHARD KELLY,

Commissioner of DMHMRSAS, 1996, individually

and in his official capacity; RICHARD KELLOGG,

4

Assistant to DMHMRSAS, 1996, individually and

in his official capacity; JAMES G. LUMPKIN,

individually and in his official capacity as

current DMHMRSAS Board Member; VIRGINIA

DIFFLEMYER, individually and in her official

capacity as current Vice-Chair of DMHMRSAS;

MICHAEL FLYNN, individually and in his offi-

cial capacity as current DMHMRSAS Board

member; CHARLES A. GENN, JR., individually and

in his official capacity as current DMHMRSAS

Board Member; BARBARA B. SMITH, individually

and in her official capacity as DMHMRSAS Board

Member; RICHARD A. SMITH, MD, individually and

in his official capacity as an ER physician

contracted with Centra, 1996, as tortfeasor,

and in his official capacity as a Lynchburg

Emergency Physicians' employee; ALISHA CALL,

Deputy, Amherst County Jail, 1996, individ-

ually and in her official capacity; TERRY

BARRON, MSW, Amherst Counseling Center, 1996,

individually and in her official capacity; AMY

FRENCH, Program Director, Amherst Counseling

Center, 1996, in her official capacity;

CHARLES INGALLS, Lieutenant, Amherst County

Jail, 1996, individually and in his official

capacity; DAVID MAYS, Deputy, Amherst County

Jail, 1996, individually and in his official

capacity; ARNOLD COFFEY, Deputy, Amherst

County Jail, 1996, individually and in his

official capacity; DARREN GIVENS, Deputy,

Amherst County Jail, 1996, individually and in

his official capacity; PAULA OXNER, Deputy,

Amherst County Jail, 1996, individually and in

her official capacity; W. EDWARD MEEKS,

Amherst County Commonwealth Attorney, 1996,

individually and in his official capacity;

JASPER FLETCHER, Magistrate, individual and

official capacity; GEORGE F. ALLEN, Governor

of Virginia, 1996, individually and in his

official capacity; MARY CAMPBELL, Deputy,

Amherst County Jail, 1996, individually and in

her official capacity; ANN FAGAN, Director of

Health Information, Lynchburg General Hos-

pital, 1996, in her official capacity; SCOTT

DEBRUIN, Esq., attorney and officer of the

court, 1996, individually and in his official

capacity; MARSHALL BROWN, Deputy, Amherst

County Jail, 1996, individually and in his

5

official capacity; LINDA EDWARDS, Director of

Mental Health Services, Central Virginia Com-

munity Services, in her official capacity;

MARTHA M. JALLIN, individually and in her

official capacity as current DMHMRSAS Board

Member; JOHN-PAUL JONES, MD, individually and

in his official capacity as Amherst Family

Practice physician, 1996; CENTRA HEALTH

INCORPORATED, Lynchburg, Virginia; WILLIAM W.

SEMONES, Vice-President of Centra Mental

Health Services in 1996, as tortfeasor; CENTRA

HEALTH INCORPORATED’S EXECUTIVE COMMITTEE OF

THE BOARD; CENTRA HEALTH INCORPORATED’S BOARD

OF DIRECTORS; CENTRAL VIRGINIA COMMUNITY

SERVICES, Lynchburg, Virginia; LYNCHBURG

EMERGENCY PHYSICIANS, INCORPORATED, Lynchburg,

Virginia; CENTRAL VIRGINIA COMMUNITY SERVICES

BOARD, Lynchburg, Virginia,

Defendants - Appellees.

Appeal from the United States District Court for the Western Dis-

trict of Virginia, at Lynchburg. Norman K. Moon, District Judge.

(CA-98-85-6)

Submitted: September 21, 2000 Decided: September 27, 2000

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

K. Morgan Kenyon, Appellant Pro Se. Elizabeth Kay Dillon, GUYNN &

DILLON, Roanoke, Virginia; George W. Wooten, Peter Duane Vieth,

WOOTEN & HART, P.C., Roanoke, Virginia; Ralph Edwin Burnette, Jr.,

EDMUNDS & WILLIAMS, P.C., Lynchburg, Virginia; John Thomas Jessee,

N. Reid Broughton, FLIPPIN, DENSMORE, MORSE, RUTHERFORD & JESSEE,

Roanoke, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

6

PER CURIAM:

K. Morgan Kenyon appeals the district court’s orders dismiss-

ing her civil rights action. We have reviewed the record and the

district court’s opinion and find no reversible error. According-

ly, although we deny the motion to dismiss as frivolous, we affirm

on the reasoning of the district court. See Kenyon v. Amherst

County Jail, No. CA-98-85-6 (W.D. Va. May 9 & May 12, 2000). We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED

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