MCDANIELS v. SMITH et al

Filing 160

FINDINGS OF FACT AND CONCLUSIONS OF LAW - The United States is NOT LIABLE on Mr. McDaniels negligence claim arising from any pain and suffering Mr. McDaniels experienced at USP Terre Haute on August 5, 2017. Judgment consistent with this conclusion, the Court's Screening Order, dkt. 8 , the Court's Summary Judgment Order, dkt. 85 , and the Jury Verdict, dkt. 149 , shall now issue. SEE ORDER. Copy to Plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 03/12/2024.(AAS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
JOSEPH ANTHONY MCDANIELS,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendants.

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No. 2:18-cv-00238-JPH-MJD

FINDINGS OF FACT AND CONCLUSIONS OF LAW
Joseph McDaniels brought claims against the United States and individual
employees of the Federal Bureau of Prisons ("BOP") alleging negligence and
deliberate indifference to a serious medical condition. The negligence claim,
brought against the United States under the Federal Tort Claims Act ("FTCA"),
alleged that nobody responded to a duress alarm that he initiated from inside
his cell while he was experiencing atrial fibrillation.

He contends that

correctional officers either disabled the duress alarm or ignored it, and that their
failure to respond delayed his access to medical care and prolonged his pain and
suffering. The deliberate indifference claim alleged that two BOP employees, Lt.
Baker and Nurse Smith, knew that he had a serious heart condition yet refused
to let him take his cardiac medications. Defendants filed a motion for summary
judgment, which the Court granted with respect to Lt. Baker and denied with
respect to Nurse Smith and the United States.
The Court recruited counsel for Mr. McDaniels and conducted a trial in
July 2023 during which evidence related to both the FTCA claim against the

United States and the deliberate indifference claim against Nurse Smith was
presented. 1 The jury found for Nurse Smith on the deliberate indifference claim
and the Court took the FTCA claim against the United States under advisement.
The Parties have submitted Proposed Findings of Fact and Conclusions of
Law. Dkt. 158; dkt. 159. Having considered those filings, the evidence, and the
arguments presented at trial, the Court now makes findings of fact and
conclusions of law under Federal Rule of Civil Procedure 52(a)(1) and holds that
the United States is not liable on the FTCA claim.
I. Findings of Fact
A.

FCC Terre Haute and the Special Housing Unit

FCC Terre Haute has three facilities: a satellite camp, a medium-security
facility called Federal Correctional Institution Terre Haute ("FCI Terre Haute"),
and a maximum-security facility called United States Penitentiary Terre Haute
("USP Terre Haute"). Dkt. 154 at 38. The Special Housing Unit ("SHU") is a
solitary confinement unit within USP Terre Haute. Id.; dkt. 153 at 39-41.
In the SHU, correctional officers are required to make rounds every 30
minutes, during which they walk down each range and look into each cell to
ensure that prisoners are safe. Dkt. 154 at 55. If a correctional officer sees a
prisoner in medical distress, the correctional officer must contact medical
services. Id. Members of the nursing staff also walk through the SHU routinely,
making sick call rounds and distributing medication.

Id.

Case managers,

The Court thanks Mark Sniderman for his thorough and conscientious representation
of Mr. McDaniels.
1

2

counselors, unit managers, and other BOP officials also regularly make rounds
in the SHU throughout the day. Id. at 59; Exhibit 222.
Each cell in the SHU has a duress alarm button, which the prisoner can
push in an emergency. Id. at 48-49. When a prisoner pushes the duress alarm
button in his cell, an alarm goes off, which notifies the SHU control room officer.
Id. The SHU control room officer then notifies the range officer that an alarm
was activated, and the range officer checks on the prisoner. Id. If the officers in
the SHU do not respond to the alarm promptly, an alarm will sound in the
facility's main control room, and the officers there will call the SHU control room
and direct the officers there to check and advise on the alarm. Id. at 49. Once
a duress alarm has been pushed in a cell, it cannot be turned off remotely by
BOP staff—"someone would have to physically go to the cell and turn the key to
reset that alarm." Dkt. 154 at 50.
B.

Mr. McDaniels' transfer to FCC Terre Haute and later to the SHU

In February or March 2017, Mr. McDaniels was transferred to the Federal
Correctional Complex in Terre Haute, Indiana ("FCC Terre Haute"). Dkt. 154 at
87-88. A BOP physician conducted an initial intake examination and noted that
Mr. McDaniels had several preexisting conditions, including diabetes and atrial
fibrillation. Id. at 88-90; Exhibit 240. Atrial fibrillation involves a disturbance
in the heart's electrical system that causes the heart's minor chamber to wiggle—
called fibrillation—instead of beating. Dkt. 154 at 12. A patient experiencing
atrial fibrillation may feel fluttering in the chest, shortness of breath, chest pain,
and a rapid heartbeat. Id. at 12-13.
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When Mr. McDaniels was incarcerated at FCC Terre Haute, the medical
staff managed his atrial fibrillation and diabetes with several medications. At
FCC Terre Haute, prisoners may receive medications by going to the nurses'
station (the "pill line") or by a nurse coming to the prisoners' cell. Id. at 76, 109.
Prisoners may also have "self-carry medication," where they are given a supply
of medication to keep in their cell. Id. at 74. Mr. McDaniels received some of his
medications, including insulin injections, through the pill line, while his cardiac
medications were self-carry. Dkt. 153 at 9-11.
On August 3, 2017, Mr. McDaniels was moved from his cell at FCI Terre
Haute to a cell in the SHU. Id.; dkt. 153 at 39-41. Mr. McDaniels was not
allowed to take his self-carry medication with him into the SHU and, for reasons
that are unclear from the record, they were not delivered to his cell in the SHU.
Dkt. 153 at 43, 77. 2 As a result, he went without his cardiac medications from
August 3 to August 5, 2017. Id.
C.

Mr. McDaniels experienced atrial fibrillation on August 5

It's undisputed that on August 5, 2017, Mr. McDaniels experienced atrial
fibrillation while in his cell in the SHU; was examined by Nurse Michele Smith
at approximately 6:25 p.m.; and was sent to the emergency room at Union
Hospital pursuant to orders of the on-call physician. Dkt. 154 at 95-96; Exhibit
227; Exhibit 230. Emergency room doctors stabilized his heart rate, id. at 19;

Mr. McDaniels' claim about his medications proceeded under Bivens, while his FTCA
claim against the United States is based on only his allegations regarding the duress
alarm. See dkt. 85 at 12–18; dkt. 159.
2

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Exhibit 230, and Mr. McDaniels was transported back to USP Terre Haute on
August 7, 2017. Dkt. 154 at 99.
At trial, Mr. McDaniels testified that when he experienced atrial fibrillation,
he felt like he was "having a heart attack," with his heart "thumping
uncontrollably to the point where [he felt like he] was not breathing right. He
also had "dizzy spells," "shortness of breath," and "very uncomfortable tightness
in the chest." Mr. McDaniels further explained "it just makes you feel like, you
know, okay, you are out of here any minute now" and "it felt like an elephant
was sitting on my chest or at some points it felt like my chest was going to just
pop out because it was beating so hard and fast, and other times it felt like I was
just going to pass out." Dkt. 153 at 22.
D.

SHU staff interactions with Mr. McDaniels before he was
examined by Nurse Smith and sent to the emergency room

On August 5, 2017, Nurse Kelly Keller worked in the SHU from 6:50 a.m.
until 5:35 p.m. Dkt. 154 at 108. During that time, she administered insulin to
Mr. McDaniels at approximately 7:35 a.m. and 5:26 p.m. Id. at 93, 109-11. At
no point did Nurse Keller observe Mr. McDaniels vomit or to be in medical
distress. Id. at 111.
Rebekka Eisele, a BOP case manager, was on duty on August 5, 2017, and
did rounds in the SHU from 3:35 p.m. to 3:45 p.m. Dkt. 154 at 64-67. She did
not observe Mr. McDaniels vomit or otherwise show any signs of medical distress.
Id. at 67. Lt. Cranford's testimony that in 2017, correctional officers made
rounds in the SHU to check on inmates every 30 minutes, was uncontested.
Dkt. 154 at 53-56.
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E.

The condition of the SHU's duress alarm system on August 5

The duress alarm system in the SHU, and the duress button in Mr.
McDaniels' cell, was functioning and operable on August 5, 2017. Id. at 50-51;
see also dkt. 159 at 8 Plaintiff's Proposed Findings of Fact and Conclusions of
Law (conceding that "no evidence adduced at trial directly supports the notion
that the duress button or system was disarmed or shut off"). Blake Lott, who
was the Supervisor and Facilities Manager at FCC Terre Haute in 2017, testified
regarding his review of records related to the duress alarm system in the SHU.
Dkt. 154 at 46-47. Mr. Lott reviewed facility records to see if there were work
orders or any other records reflecting work orders, repairs, or complaints that
the duress alarm system wasn't working, and there were not. Dkt. 154 at 5051. Mr. Lott's testimony in this regard was uncontested. The Court finds based
on this evidence that the duress alarm system in the SHU was working properly
on August 5, 2017.
F.

Mr. McDaniels' testimony

At trial, Mr. McDaniels testified that on August 5, 2017, he was in atrial
fibrillation and experiencing pain "[f]rom the time that [he] remember[ed] being
up that morning until [he] ended up in the infirmary." Dkt. 153 at 23. He further
testified that before he was taken to the infirmary, he pressed the duress button
in his cell numerous times, but nobody responded. Dkt. 123 at 21-23.
The Court does not credit Mr. McDaniels' testimony. Mr. McDaniels gave
prior sworn statements that on August 5, 2017, he "had been denied [his] meds",
including medication for diabetes. Dkt. 1 at 5 (verified complaint) dkt. 203 (notice
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of tort claim). This testimony was proven false by the undisputed evidence at
trial. Contemporaneously created medical records and witness testimony
establish that on August 5, 2017, Mr. McDaniels was given multiple doses of
insulin and venlafaxine. Dkt. 154 at 93-94.
Next, Mr. McDaniels' testimony that he was in atrial fibrillation from the
time he woke up on August 5, 2017, until he was taken to the infirmary is not
credible. The Court credits the consistent evidence that multiple BOP personnel
who saw Mr. McDaniels throughout the day on August 5, 2017, did not observe
him to be in medical distress. Mr. McDaniels described in vivid detail what
happens when he is in atrial fibrillation, including experiencing extreme
discomfort, difficulty breathing, and feeling like he was having a heart attack
with enormous pressure on his chest. Dkt. 153 at 22. It is not credible that Mr.
McDaniels would have experienced such dire and alarming symptoms yet did
not seek medical assistance from the nurses, guards, and case manager whom
he saw throughout the day.

It is similarly not plausible that such severe

symptoms would go completely unnoticed by BOP staff and trained medical
personnel, who credibly testified that they did not see Mr. McDaniels in medical
distress.
The Court also does not credit Mr. McDaniels' testimony that he pressed
the duress button in his cell numerous times on August 5, 2017, dkt. 153 at 2123. First, for the reasons explained above, Mr. McDaniels was not a credible
witness. Second, his testimony about the duress alarm is directly at odds with
other evidence regarding the duress alarm. The duress alarm was functioning
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properly on August 5, 2017. Once activated within a cell, the duress alarm
continues to make a loud sound until it is manually reset with a key from within
that cell. Until that happens, the alarm continues to sound not only on the SHU
range, but also triggers another alarm within other parts of the facility.

It

therefore is not credible that an alarm would be ignored while Mr. McDaniels
experiences atrial fibrillation. Mr. McDaniels' testimony is the only evidence in
the record that he pushed the duress alarm in his cell on August 5, 2017. Given
the material inconsistencies in other aspects of his testimony and the
implausibility of his testimony about having activated the duress alarm, there is
no credible evidence that Mr. McDaniels pushed the duress alarm in his cell on
August 5, 2017. The Court therefore finds that he did not do so.
II. Conclusions of Law
A. Legal Standard
Under the FTCA, a negligence claim against the United States is governed
by "the law of the place where the act or omission occurred." 28 U.S.C. § 1346(b).
The actions Mr. McDaniels complains of occurred in Indiana, so Indiana law
applies.

Id.

To prove negligence under Indiana law, Mr. McDaniels must

establish: (1) a duty owed to him by the defendant; (2) a breach of that duty by
the defendant; and (3) that the breach proximately caused the plaintiff's
damages. Caesars Riverboat Casino, LLC v. Kephart, 934 N.E.2d 1120, 1123
(Ind. 2010).
The parties do not dispute that the BOP owed Mr. McDaniels a general
duty of care during his incarceration at FCC Terre Haute under 18 U.S.C. § 4042.
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This statute provides that the BOP shall "(2) provide suitable quarters and
provide for the safekeeping, care and subsistence of all persons charged with or
convicted of offenses against the United States, or held as witnesses or
otherwise"; and "(3) provide for the protection, instruction, and discipline of all
persons

charged

with

or

convicted

of

offenses

against

the

United

States." 18 U.S.C. § 4042(a)(2)(3). While Section 4042 describes a general duty
of care for federal inmates, Indiana law governs whether the duty was breached
and whether the breach was the proximate cause of the plaintiff's injuries.
Molzof v. United States, 502 U.S. 301, 305 (1992) ("[T]he extent of the United
States' liability under the FTCA is generally determined by reference to state
law.").
B. Breach
Mr. McDaniels alleges that members of the correctional staff in the SHU
were negligent by failing to respond to his duress alarms while he was in atrial
fibrillation on August 5, 2017. Dkt. 1 at 5. He argues that "[t]he turning off of
the [duress] alarm, or the failure to respond to Plaintiff's use of the duress
button, was a breach of the duty owed to Plaintiff by the BOP." Dkt. 159 at 9.
The "critical factor" in assessing breach is how much notice the BOP had of risk
to Mr. McDaniels, which includes the "condition of the inmate, the
circumstances of the [prison], and the extent of routine precautions." Saunders
v. Cnty of Steuben, 693 N.E.2d 16, 19 (Ind. 1998); see Babcock v. United States,
No. 2:17-cv-33-JPH-MJD, 2021 WL 3673788 at *4 (S.D. Ind. Aug. 19, 2021).
Here, there is no credible evidence that BOP officials either deactivated the
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duress alarm or failed to respond to the duress alarm on August 5, 2017. Dkt.
159 at 8 (Mr. McDaniels conceding that there is "no evidence adduced at trial
[that] directly supports the notion that the duress button or system was
disarmed or shut off."). As explained above, the Court credits the evidence that
Mr. McDaniels was not in medical distress until after his last appointment with
Nurse Keller at 5:26 p.m. And, as explained above, the Court has made factual
findings based on the evidence at trial that the duress alarm system in the SHU
was working properly but that Mr. McDaniels did not push the duress alarm
while experiencing atrial fibrillation. Instead, when Mr. McDaniels experienced
atrial fibrillation, he was examined by Nurse Smith and then sent to the
emergency room.
These facts demonstrate that the United States did not breach its duty of
care to Mr. McDaniels. See Saunders, 693 F.3d at 19. Instead, it provided a
working alarm system that Mr. McDaniels did not use while experiencing atrial
fibrillation. The element of breach is therefore not satisfied on Mr. McDaniels'
negligence claim, and the United States is not liable for any pain and suffering
he experienced. See Furry v. United States, 712 F.3d 988, 994–95 (7th Cir. 2013);
Millbrook v. United States, 564 Fed. App'x 855, 857–58 (7th Cir. 2014).
IV. Conclusion
The United States is NOT LIABLE on Mr. McDaniels negligence claim
arising from any pain and suffering Mr. McDaniels experienced at USP Terre
Haute on August 5, 2017. Judgment consistent with this conclusion, the Court's

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Screening Order, dkt. 8, the Court's Summary Judgment Order, dkt. 85, and the
Jury Verdict, dkt. 149, shall now issue.
SO ORDERED.
Date: 3/12/2024

Distribution:
JOSEPH ANTHONY MCDANIELS
2122 South 272nd Street
#B308
Kent, WA 98032
All electronically registered counsel

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