PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7102

SHELLY KAYE STEVENS, Personal Representative of The Estate of James Allen Leslie Stevens,

Plaintiff - Appellant,

v.

DAWN M. HOLLER, LPN; STEPHANIE D. SHROYER, RN; DONALD FREDERICK MANGER, MD; LESLIE A. LOGSDON, RN; JAMES A. PIAZZA, PA; LISA R. SHUTTS, LPN; JODI L. BRASHEAR, LPN; WELLPATH, LLC, d/b/a Correct Care Solutions,

Defendants - Appellees,

and

BOARD OF COUNTY COMMISSIONERS FOR ALLEGANY COUNTY, MARYLAND; CRAIG ROBERTSON, In His Official Capacity as Sheriff of Allegany County and Individual Capacity; R. LEE CUTTER, In his Official Capacity as Assistant Administrator of The Allegany County Detention Center and Individual Capacity,

Defendants.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Mark Coulson, Magistrate Judge. (1:19-cv-03368-JMC)

Argued: March 7, 2023 Decided: May 30, 2023

Before THACKER and HEYTENS, Circuit Judges, and Joseph DAWSON III, United States District Judge for the District of South Carolina, sitting by designation. USCA4 Appeal: 20-7102 Doc: 44 Filed: 05/30/2023 Pg: 2 of 19

Reversed and remanded by published opinion. Judge Thacker wrote in the opinion, in which Judge Heytens and Judge Dawson joined.

ARGUED: Lauren M. McLarney, ROSENBERG MARTIN GREENBERG, LLP, Baltimore, Maryland, for Appellant. Daniel Anthony Griffith, WHITEFORD TAYLOR PRESTON LLC, Wilmington, Delaware, for Appellees. ON BRIEF: Charles N. Curlett, Jr., ROSENBERG MARTIN GREENBERG, LLP, Baltimore, Maryland, for Appellant. Kelly M. Goebel, WHITEFORD, TAYLOR & PRESTON, L.L.P., Baltimore, Maryland, for Appellees.

2 USCA4 Appeal: 20-7102 Doc: 44 Filed: 05/30/2023 Pg: 3 of 19

THACKER, Circuit Judge:

Shelly Kaye Stevens (“Appellant”), as personal representative of the estate of James

Allen Leslie Stevens (“Decedent”), filed a second amended complaint alleging Decedent

suffered deliberate indifference to his serious medical needs while in custody at the

Alleghany County, Maryland Detention Center (“ACDC”), which led to his death.

Appellant asserts claims against licensed practical nurses, Dawn Michelle Holler

(“Holler”), Lisa Shutts (“Shutts”), and Jodi Lynn Brashear (“Brashear”); registered nurses,

Stephanie Diane Shroyer (“Shroyer”) and Leslie Anne Logsdon (“Logsdon”); physician

Donald Frederick Manger (“Dr. Manger”); and physician’s assistant James Anthony Piazza

(“Piazza”) (the “Individual Medical Defendants”) and against the company contracted to

provide medical care services to inmates at ACDC, Wellpath, LLC, formerly Correct Care

Solutions (“CCS”) (collectively “Appellees”).

As to Appellant’s claim of deliberate indifference to Decedent’s serious medical

needs, the district court held that while “the [Second] Amended Complaint may adequately

state allegations of medical negligence against [the Individual Medical Defendants] . . . it

fails to support a cause of action against them for a constitutional violation.” J.A. 489. 1

Therefore, the district court dismissed Appellant’s second amended complaint.

On review, we conclude that the complaint sufficiently alleges a Fourteenth

Amendment violation for deliberate indifference to Deceden