Johnson v. Columbia County, GA et al

Filing 32

ORDER granting in part and remanding this case to the Superior Court of Columbia County re Defendants' 17 Motion for Summary Judgment. Signed by Chief Judge J. Randal Hall on 01/23/2018. (jlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION FLORRIE JOHNSON, Plaintiff, * * * COLUMBIA COUNTY, GEORGIA; CLAY N. WHITTLE, Columbia County Sheriff in his Official CV 116-165 * * * Capacity; JOHN DOES 1-6; JANE DOES 1-6; and XYZ Corporation, Defendants. * * * ORDER Before the Court is a motion for summary judgment filed by Defendants Columbia County, N. Whittle, in his County gave official (collectively, Court Georgia ("Columbia County") capacity "Defendants"). Plaintiff timely notice as Sheriff (Doc. of 17.) affidavits consequences of or other default. materials (Doc. 20.) requirements of Griffith v. Wainwright, in Columbia The Clerk of Defendants' judgment motion and the summary judgment rules, file of and Clay of the right to opposition, Therefore, 772 F.2d 822, Cir. 1985) (per curiam), have been satisfied. summary and the the notice 825 (11th Plaintiff filed a response in opposition and Defendants filed a reply in support. (Docs. 27, 30.) The time for filing materials in opposition has expired, and the consideration parties' of motion the is ripe for consideration. evidence briefs, respective of record, relevant law, Defendants' motion Upon and for the summary judgment is GRANTED IN PART. I. On the evening of BACKGROUND September 13, 2014, Sergeant Bobby Bradford of the Columbia County Sheriff's Office responded to a complaint in Martinez, Georgia regarding a hit and run accident involving a drunk Plaintiff's driver. Response to (Bradford Defendants' Decl., Statement Material Facts ("PRDSMF") , Doc. 28,1 SI 2.) his investigation, Sergeant which Sergeant an (Bradford Decl. SI bench 6; Plaintiff SI and SISI 4-6; PRDSMF SISI warrant PRDSMF 3; During the course of (Bradford Decl. outstanding SI Undisputed Bradford ran a background check on revealed arrest.2 18-3, of Bradford encountered requested her identification. 3-4.) Doc. for 4. ) Plaintiff, Plaintiff's He arrested Plaintiff based on the bench warrant and transported her to the Columbia County (Bradford Decl. Detention Center (the "Detention Center"). SI 7; PRDSMF SI 5. ) 1 (Compare with Defendants' Statement of Undisputed Material Facts, Doc. 19.) 2 On or about September 18, 2013, the State Court of Richmond County, Georgia issued a bench warrant appear in that court. admits that the bench for Plaintiff s (Doc. 18-1, warrant was arrest at 20; issued, for her she denies appear in court and asserts that its issue was improper. 27-1, at 31-33; PRDSMF 11 1, 4.) 2 alleged PRDSMF 1 1.) failure to While Plaintiff that she failed to (Johnson Dep., Doc. Upon her arrival at 1:12 am on September 14, cell in PRDSMF the SISI 8-9.) Plaintiff - different her booking is medications sugar Detention 2014, area. After who blood the (Woods diabetic level hours and this Decl., was and tested 51.) This Plaintiff was level 38.3 of testing immediately (Id. ) retested a 51, 53, 65; this holding a medical female blood and female indicated number Doc. left the of had using 27-1, of blood diabetic seizure. see also PRDSMF SI 10.) - level a 3-4; cell, officer sugar officer SISI issues (Johnson Dep., Plaintiff subsequently experienced a 38-39, 18-4, prescribed revealed a This approximately Doc. in other by Plaintiff's blood glucose monitor. 37-39, at Plaintiff was placed in a holding several for Center at 78; sugar area (Id. and at Plaintiff managed to press the call button in the holding cell for help and expressed that she "needed something because (Johnson Dep. into the at 65; holding [her blood] PRDSMF SI 11.) cell and 66; see also PRDSMF SISI 15, 17-18.) low." Nurse Jennifer Sturkey came attempted medication, which Plaintiff refused.4 sugar was to give (Johnson Dep. Plaintiff at 62, 65- Nurse Sturkey believed that 3 Plaintiff testified that the blood sugar level she tries to maintain ranges between 90 (a "fasting level") and 190 (where it should be "two hours after a meal"). (Johnson Dep. at 47; see also PRDSMF 1 27.) Plaintiff further testified that a blood sugar level of 38 is a "comatose level." (Johnson Dep. at 38. ) 4 Nurse Sturkey was employed by Southern Health Partners, a private company contracted to provide medical care for inmates in the Detention Center. (Woods Decl. 1 7; PRDSMF 1 12.) Plaintiff testified that Nurse Sturkey was attempting to give Plaintiff improper medication (i.e., medication that would lower - as opposed to raise - her blood sugar level) by "cram[ming it] down [her] throat." (Johnson Dep. at 62, 65-66.) 3 Plaintiff was Plaintiff was at 66, 69; despite not actually "just fine, her on continued the strength to Detention apple she's distress call Center juice and sugar level. diabetic for guard two it." at 70.) but help again. (Id.) came into area the an left and Plaintiff laid in a floor in that (Johnson Dep. "everybody cell's oranges remarked Plaintiff testified that, seizure, (Johnson Dep. holding and just faking see also PRDSMF SISI 19-23.) slammed the door." stupor in was able to muster In and attempt to response, gave the a Plaintiff raise her blood (Id^ at 44-45, 51-52, 70-71; PRDSMF SI 24.) Plaintiff was subsequently placed on medical segregation so that her (PRDSMF medical M 25, responsible for condition 28-29.) preparing could be more Deputy Jailer Plaintiff for closely Miriam PRDSMF SISI 29-30.) (Johnson Dep. SISI 31-35.) in (Woods Decl. As part of this preparation, took Plaintiff to the booking area's showers, delousing agent, Dunne confinement Detention Center's medical segregation area. 11; supervised. was the SISI 9, Deputy Dunne sprayed her with a and then allowed her to wash herself briefly. at 53-65; Dunne Dep., Doc. 21-2, at 55-58; PRDSMF Deputy Dunne sprayed Plaintiff in the face with the delousing agent but did not provide her with sufficient time to 5 Plaintiff testified that while she was preparing to undress, a male officer, Gilbert Lopez, was present and pulled her pants down from behind. (Johnson Dep. at 53-54.) Officer Lopez left the room shortly thereafter but Deputy Dunne held the door to the shower area open:, which allowed another male officer and a male inmate to view Plaintiff in a state of undress. (Id. at 55, 57-59, 61-62.) Plaintiff also alleges that Deputy Dunne laughed, made offensive comments, and "kept snapping her fingers like [Plaintiff] was a dog" while Plaintiff showered. (Id. at 55-56, 62-65.) 4 wash her face medication, at 44, written (Id. at 88-89.) an grant her requests a Benadryl 55-57, 59-61, grievances 75, while 78, at 86, the or other and blister.6 148.) Plaintiff Detention Center. At approximately 9:00 pm on September 14, 2014, officer with the Richmond County Sheriff's Office arrived at the Detention Center Dep., Doc. 21-4, and took custody 2016, 1983 as complaint, (ii) indifference well as action to various Plaintiff this medical (Mosley named as defendants: (iii) Court on John (Id.) Does alleging a claim for needs law claims. XYZ corporation. to her Georgia, state Sheriff Whittle; (v) Plaintiff. Plaintiff initiated this action in the Superior Court of Columbia County, deliberate of at 25 & Ex. 3; see also PRDSMF SI 37.) On August 24, and for which caused her skin to turn red (Johnson Dep. submitted or 1-6; under (Doc. (i) 42 U.S.C. 1-5.) Columbia (iv) Jane § In her County; Does 1-6; Defendants timely removed this September 30, 2016, asserting federal question jurisdiction exists over Plaintiff's Section 1983 claim and supplemental jurisdiction exists over her state law claims. (Doc. 1.) requesting On April 6 and May 19, leave to substitute 2017, party Plaintiff filed motions defendants, which United States Magistrate Judge denied on July 5, 2017.7 6 Plaintiff testified that, as a result of this incident, the (Docs. her skin peeled and was painful for approximately two weeks and that she has permanent scarring on her face. (Johnson Dep. at 107-10.) 7 Notably, in the Scheduling Order dated November 10, 2016, the Magistrate Judge set November 29, 2016 as the deadline for filing motions to amend or add parties. (Doc. 8, as subsequently amended by Doc. 13.) In her postdeadline motions for leave to substitute party defendants, Plaintiff sought 11, 15, 22.) On June 16, 2011, motion for summary judgment. II. Summary genuine dispute as (Doc. SUMMARY judgment is to Defendants 17.) JUDGMENT STANDARD appropriate any only material Court depositions, together shall grant summary the affidavits, if any, and "there no movant the is is Fed. R. Civ. judgment answers to interrogatories, with if fact entitled to judgment as a matter of law." The filed their present "if the P. 56(a). pleadings, and admissions on file, show that there is no genuine issue as to any material fact and that the moving party is matter entitled Corp. v. 2004); N. to summary judgment Crossarm Co., Fed. R. Civ. P. 357 56(c). as a F.3d 1256, of 1259, law." 1260 Hickson (11th Cir. The "purpose of summary judgment is to pierce the pleadings and to assess the proof in order to see whether Indus. there Co. v. is a genuine Zenith need Radio for Corp., trial." 475 Matsushita U.S. 574, 587 Elec. (1986) (internal citation omitted). "[The] initial basis party seeking responsibility for its motion, of summary informing and judgment the identifying always district those bears the court of the portions of the to substitute Nurse Sturkey and Deputy Dunne for Jane Does 1 & 2 and Officer Lopez for John Doe 1. the Magistrate Judge (Docs. 11, 15.) In its Order denying these motions, concluded that Plaintiff had not shown good cause sufficient to amend the aforementioned deadline and that - even if good cause were demonstrated - the proposed amendments would be futile because the statute of limitations had run on her claims against the proposed substitute defendants (as the claims against them would not relate back to the time of filing of her complaint). (See Doc. 22, at 4-8.) 6 [record before the court] absence of a genuine Catrett, 477 movant U.S. carries it believes demonstrate fact." Celotex Corp. issue of material 317, its which 323 (1986). If initial burden, - the and only non-movant if the - may v. the avoid summary judgment by demonstrating that there is indeed a genuine issue as Clark, to the Inc., "material" material 929 if F.2d they facts 604, could 608 242, ^genuine' 248 (1986). its (11th affect the governing substantive law. 477 U.S. of the case. Cir. Clark v. 1991). outcome of Coats Facts the & are suit under Anderson v. Liberty Lobby, Inc., A dispute of those material facts "is . . . [only] if the evidence is such that a reasonable jury could return a verdict for the non-moving party." When ruling on the motion, the Court evidence in the record in the light most must Id. view favorable to all the the non- moving party and resolve all factual disputes in the non-moving party's favor. Matsushita, 475 U.S. at 587. also avoid weighing conflicting evidence. 255; McKenzie 934 (11th v. Cir. Davenport-Harris 1987). Anderson, Funeral Nevertheless, The Home, the Court must 477 U.S. at 834 F.2d non-moving 930, party's response to the motion for summary judgment must consist of more than conclusory allegations, and a mere "scintilla" of evidence will not Cir. 1990); 1989). suffice. Pepper Walker v. v. Coates, Darby, 911 F.2d 1573, 887 F.2d 1493, 1498 1577 (11th (11th Cir. "The non-moving party cannot create a genuine issue of material fact through is 'merely colorable' v. Dougherty Cty. speculation, 2010) Cir. (quoting 2008); or Sch. Shiver Sys., v. and Anderson, Plaintiff's In her 382 Chertoff, 477 U.S. U.S.C. that § 1983. their to alleged 549 914, F.3d 917 (11th Cir. 1342, 1343 (11th at 249-50). alleges her medical rights (Doc. App'x DISCUSSION Plaintiff indifferent constitutional F. Bryant 1983 Claim complaint, deliberately her Section or evidence that 'not significantly probative.'" III. A. conjecture, and 1-5, M seeks 16-21, liability for that Defendants needs money in violation damages 45-49.) were under of 42 Defendants assert Plaintiff's aforementioned claim is premised solely upon theories of respondeat superior or vicarious liability and that they therefore are not the alleged unconstitutional actions subordinates 30, under at 2-4.) While entities8 8 "Though 1983. of their employees and/or (See Doc. 18, at 13-17; Doc. The Court agrees with Defendants. counties, may respondeat Section liable for be subject superior Sherriff municipalities, and [Whittle] to liability vicarious is and other the named local under liability defendant, government Section are 'a not suit 1983, viable against a governmental official in his official capacity is deemed a suit against the entity that he represents.'" See Goodman v. Kimbrough, 718 F.3d 1325, 1335 n.4 (11th Cir. 2013) (quoting Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (per curiam)); see also Brown, 188 F.3d at 1290 n.l ("[A] suit against a government officer in his official capacity is simply a suit against the relevant governmental entity." (citing Kentucky v. Graham, 473 U.S. 159 (1985)). 8 theories thereunder. (11th Cir. 1335 2004); (11th (1) that v. Brown, see also Goodman v. Cir. liability on a McDowell 2013). 392 F.3d Kimbrough, Rather, "to [county or] municipality, 1283, 718 impose 1289 F.3d 1325, Section 1983 a plaintiff "must show: [her] constitutional rights were violated; (2) that the [county or] municipality had a custom or policy that constituted deliberate indifference to that constitutional right; that the policy or custom caused the violation." 392 F.3d U.S. at 378, 1289 388 against a Section 1983, City (1989)). county constitutional (citing a of Canton, Similarly, sheriff sued plaintiff deprivation in must as to his that result v. Harris, *(1) 489 liability capacity [s]he of: (3) See McDowell, establish official "prove the Ohio and under suffered an a action taken or policy made by an official responsible for making final policy in that area of the or (2) [d]epartment's business; a practice or custom that is so pervasive, functional equivalent policymaker.'" (quoting Hale v. 1995)). Goodman, it is for a policy (quoting Wayne v. 1999); see also Craig v. adopted 718 F.3d at 1335 necessary McDowell, Jarvis, to as to be the by the final (alterations omitted) 50 F.3d 1579, a plaintiff to "generally wide-spread practice.'" Cir. 2011) of Tallapoosa Cty., "In order custom, 2004) [s]heriff's 1582 (11th Cir. demonstrate show a a policy or persistent and 392 F.3d at 1290 (11th Cir. 197 F.3d 1098, 1105 Floyd Cty., (11th Cir. 643 F.3d 1306, 1311 (11th ("A single incident of a constitutional violation is insufficient to prove a policy or custom even when the incident involves several employees of the municipality."); of St. Marys, random acts 787 or F.2d isolated a custom or policy." Here, with aware any had, of incidents admits Plaintiff (11th are Cir. 1986) insufficient "Sheriff on Whittle September specific medical ("Normally to establish 14, need that had 2014" no and direct "was [P]laintiff might not have and he was not directly involved in any decision regarding [P]laintiff's Plaintiff medical all 1499 (citations omitted)). Plaintiff dealings 1496, Depew v. City medical admits care to inmates services by it was all are care." official inmates [to medically (PRDSMF be] in policy the provided trained SISI 59-60.) "to Detention with Further, provide Center" health personnel." adequate and and (Id. II "that medical 39, 46.) Plaintiff also admits official policy "specifically prohibit[ed] the abuse of inmates at personal abuse, Moreover, policy personal Plaintiff to necessary" deny or harassment." the Detention Center" including "acts of admits an to (Id. Nevertheless, injury, that inmate "subject SISI 53, and harassment." it would medication an inmate be a that to (Id. 1 40.) "violation was abuse, of medically injury, or 58.) Plaintiff asserts that her deliberate indifference claim remains viable because "official policies are not always followed as they should be." asserts County, she has demonstrated a litany of incidents that "in [sic] [her] dealings alone at 10.) further jail policies that (Doc. 27, with She Columbia where the were not followed by Columbia County 10 jail employees." aware that of these were (Id.) She issues" taken because against the reported by [Plaintiff]." Plaintiff, any however, unconstitutional has series be Indeed, of she constitutional inferred." citations which "has See omitted). is, at at Rather, liability under Section citations, and evidence she from 1312 which of personally insufficient See Craig, any were at 89).) any those present actions 643 F.3d at evidence of a indifference can quotations and (internal she "relies on her own experience, of and a See id. omitted) ; 1331-33 single therefore 1983. alterations F.3d 1312, to proof activity" provide than and procedures which by itself is violations unconstitutional Cty. , 510 other failed most, to Defendants. id. and (citing Johnson Dep. 2014, to impose liability against "Columbia County was policies failed activity that "[t]he mistreatments jail (Id. suffered on September 14, 1311. submits inadequate (internal see (11th Cir. incident also 2007) to of impose quotations, Goebert v. Lee (summary judgment granted to sheriff sued in his official capacity where there was no evidence that sheriff had actual knowledge that his policies were being implemented in way that ignored a detainee's medical needs or that constructive Gwinnett violation knowledge Cty. , (plaintiff's own 657 could F. (same). Moreover, policies be App'x experience against county); Barr v. 2011) of Gee, were imputed 856, to while 11 widespread sheriff); 860 insufficient 437 F. so (11th to App'x 865, Plaintiff Coons Cir. impose that v. 2016) liability 875 (11th Cir. testified that she submitted written grievances during her confinement, provided any evidence regarding, those written those written indifference her grievances; (ii) grievances; of submission which of she and whether complains any occurred grievances. deliberate subsequent to Accordingly, of adopted - by Defendants that constituted deliberate indifference her custom, constitutional entitled to summary or rights.9 judgment on action of existence policy, an had notice has to demonstrate the contents of Defendants (iii) written (i) Plaintiff a to whether now those failed inter alia: she has not practice held Therefore, Plaintiff's taken or - or the otherwise Defendants are claim of deliberate indifference under Section 1983.10 9 While Plaintiff did not pursue claims against Sheriff Whittle in his individual capacity, she would fare no better had she done so because supervisory officials sued in their individual capacities "are not liable under § 1983 for the unconstitutional acts of their subordinates on the basis of respondeat superior or vicarious liability." Cottone v. 1352, Rather, 1360 (11th Cir. 2003) (citations omitted). Jenne, 326 F.3d a supervisor may be individually liable where "the supervisor personally participates in the alleged unconstitutional conduct or when there is a causal connection between the actions of [the] supervising official and the alleged constitutional deprivation." Id. This "causal connection" may exist where: (a) "a history of widespread abuse puts the responsible supervisor on notice of the need to correct the alleged deprivation, and he fails to do;" (b) the "supervisor's custom or policy results in deliberate indifference to constitutional rights/" or (c) "the supervisor directed the subordinates to act unlawfully or knew that the subordinates would act unlawfully and failed to stop them from doing so." Id. (internal guotations, citations, and alterations omitted). As previously noted, Plaintiff has failed to cite to any particular part of materials in the record that demonstrates that the alleged violations of her constitutional rights were caused by Sheriff Whittle's: (i) personal participation; (ii) failure to correct a history of widespread abuse; (iii) official or adopted customs, policies, or practices; (iv) directives to his subordinates; or (v) failure to stop unconstitutional activity of which he was aware. 10 Because Plaintiff's claims under Section 1983 fail, so does her related reguest for attorney's fees. See, e.g., 42 U.S.C § 1988(b). Plaintiff also explicitly withdrew her claim for punitive damages. (Doc. 27, at 11.) 12 B. Plaintiff's In State Law Claims addition asserted several jurisdiction to on Section law these having judgment declines her state over Nevertheless, summary to state found See 28 U.S.C. may to dismissed all see also Cir. remaining been ("We state dismissed 2016) v. v. prior when, to federal to as 735 district 654 courts state claims 1367. entitled claim, to the Court Plaintiff's state if it has original jurisdiction); 370 F.3d L.A. App'x to removal which & Cir. 411 cases (11th claims Draper (11th 408, 1089 dismiss federal 428 over 1086, courts the 414, in § (indicating that a court (citing F. U.S.C are law also supplemental jurisdiction here, F.2d County, 28 resolve Co., trial.") Inc., dismiss, Ins. has Defendants encouraged district claims Broward than that supplemental Allstate have ("[F]ederal rather claims. § 1367(c)(3) exercise Wheelabrator-Frye, McDuffie law Plaintiff Court claims under which it has Raney 2004) claim, The jurisdiction law claims. decline claims. Plaintiff's exercise 1983 have Son v. 1984)); (11th must they any Cir. remand, decline to exercise supplemental jurisdiction." (citations omitted)). IV. Based concludes upon that Plaintiff's the foregoing Defendants federal CONCLUSION law are and due entitled claim. The 13 consideration, to Court summary declines the Court judgment to on exercise supplemental claims. motion jurisdiction Accordingly, for Clerk is over IT summary judgment IS Plaintiff's HEREBY (doc. directed to REMAND this 17) remaining ORDERED is that GRANTED case to the state law Defendants' IN PART. The Superior Court of Columbia County.11 ORDER ENTERED at Augusta, January, Georgia, >lrd<this c^^lrC^ day of 2018. ,, 'CHIEF JUDGE TSTATES JRN 11 Florrie Johnson v. Columbia County, Georgia, et al.r Columbia County, Georgia, Civil Action No. 2016-ECV-0068. 14 DISTRICT COURT DISTRICT OF GEORGIA Superior Court of

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