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NAPIER v. LAUREL COUNTY

No. 09-6239.

636 F.3d 218 (2011)

Lester NAPIER, Plaintiff-Appellant, v. LAUREL COUNTY, KENTUCKY; Jack Sizemore, Individually and in his official capacity as the Laurel County Jailer; John and Jane Does, Nos. 1, 2, and 3, Individually and in their official capacity as medical professionals, officers and employees of the Laurel County Detention Center, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 9, 2011.

Rehearing and Rehearing En Banc Denied March 15, 2011.

Attorney(s) appearing for the Case

ARGUED: Andrew J. Horne , Anderson & Horne PLLC, Louisville, Kentucky, for Appellants. Leslie Patterson Vose , Landrum & Shouse, LLP, Lexington, Kentucky, for Appellees. ON BRIEF: Andrew J. Horne , Anderson & Horne PLLC, Louisville, Kentucky, Gregory A. Belzley , Prospect, Kentucky, for Appellants. Leslie Patterson Vose , Bradley C. Hooks , Landrum & Shouse, LLP, Lexington, Kentucky, for Appellees.

McKEAGUE, J., delivered the opinion of the court, in which LUDINGTON, District Judge, joined. MARTIN, J. (pp. 226-28), delivered a separate dissenting opinion.

OPINION

McKEAGUE, Circuit Judge.

This case is a simple application of the exhaustion requirement of the Prison Litigation Reform Act. Plaintiff Lester Napier contracted an infection of Methicillin-resistant Staphylococcus aureus ("MRSA") while in jail at the Laurel County Detention Center ("LCDC"). After the condition worsened, he was sent to the hospital and had to undergo a surgical scrotectomy. He spent a week in the hospital, then returned to the jail...

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