MCDANIELS v. SMITH et al
Filing
85
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - The defendants' motion for summary judgment, dkt. 79 , is GRANTED in favor of Lt. Baker and DENIED as to Nurse Smith and the United States. The Court prev iously denied Mr. McDaniels' motions for assistance recruiting counsel. See dkts. 49 , 52 , 73 . Given the complexities of late-stage litigation, such as a trial or settlement conference, the Court sua sponte reconsiders and GRANTS Mr. McDaniels' motions for assistance recruiting counsel. The Court will attempt to recruit pro bono counsel on Mr. McDaniels' behalf. (SEE ORDER) Copy to plaintiff via US Mail. Signed by Judge James Patrick Hanlon on 9/30/2021. (KAA)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
JOSEPH ANTHONY MCDANIELS,
Plaintiff,
v.
SMITH, et al.
Defendants.
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No. 2:18-cv-00238-JPH-MJD
ORDER GRANTING IN PART AND DENYING IN PART
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
After two to three days without his prescription medications, Joseph
McDaniels, an inmate at FCC Terre Haute, collapsed in his cell and was taken
by ambulance to an emergency room at a local hospital. The medical staff at the
hospital resumed Mr. McDaniels' cardiac medications, and his condition
improved to baseline within a couple days.
Mr. McDaniels alleges that defendants Lt. Baker and Nurse Smith acted
with deliberate indifference to his serious medical need by failing to provide him
with his cardiac medications. Specifically, Mr. McDaniels argues that Lt. Baker
refused to let him take his self-carry cardiac medications with him to the Special
Housing Unit, causing a lapse in medication. And when he brought the issue to
Nurse Smith's attention later that day, she allegedly failed to make efforts to
retrieve his cardiac medications or order additional doses of his cardiac
medications from the pharmacy.
Mr. McDaniels also brings a negligence claim against the United States
under the Federal Tort Claims Act on the theory that one or more correctional
officers disabled the duress alarm in his cell, which prevented him from calling
for help before his collapse.
The defendants have moved for summary judgment. For the reasons that
follow, the defendants' motion for summary judgment is GRANTED in favor of
Lt. Baker and DENIED as to Nurse Smith and the United States.
I.
SUMMARY JUDGMENT STANDARD
A motion for summary judgment asks the Court to find that the movant is
entitled to judgment as a matter of law because there is no genuine dispute as
to any material fact. See Fed. R. Civ. P. 56(a). A party must support any asserted
disputed or undisputed fact by citing to specific portions of the record, including
depositions, documents, or affidavits. Fed. R. Civ. P. 56(c)(1)(A). A party may also
support a fact by showing that the materials cited by an adverse party do not
establish the absence or presence of a genuine dispute or that the adverse party
cannot produce admissible evidence to support the fact. Fed. R. Civ. P.
56(c)(1)(B). Affidavits or declarations must be made on personal knowledge, set
out facts that would be admissible in evidence, and show that the affiant is
competent to testify on matters stated. Fed. R. Civ. P. 56(c)(4). Failure to properly
support a fact in opposition to a movant's factual assertion can result in the
movant's fact being considered undisputed, and potentially in the grant of
summary judgment. Fed. R. Civ. P. 56(e).
In deciding a motion for summary judgment, the only disputed facts that
matter are material ones—those that might affect the outcome of the suit under
the governing law. Williams v. Brooks, 809 F.3d 936, 941-42 (7th Cir. 2016).
2
"A genuine dispute as to any material fact exists 'if the evidence is such that a
reasonable jury could return a verdict for the nonmoving party.'" Daugherty v.
Page, 906 F.3d 606, 609−10 (7th Cir. 2018) (quoting Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 248 (1986)). The Court views the record in the light most
favorable to the non-moving party and draws all reasonable inferences in that
party's favor. Skiba v. Illinois Cent. R.R. Co., 884 F.3d 708, 717 (7th Cir. 2018).
It cannot weigh evidence or make credibility determinations on summary
judgment because those tasks are left to the factfinder. Miller v. Gonzalez,
761 F.3d 822, 827 (7th Cir. 2014). The Court need only consider the cited
materials and need not "scour the record" for evidence that is potentially relevant
to the summary judgment motion. Grant v. Trustees of Indiana University,
870 F.3d 562, 573−74 (7th Cir. 2017) (quotation marks omitted); see also Fed. R.
Civ. P. 56(c)(3).
II.
FACTUAL BACKGROUND
A. Joseph McDaniels
In August 2017, Mr. McDaniels was a convicted federal prisoner at the
Federal Correctional Complex in Terre Haute, Indiana ("FCC-TH"). Dkt. 79-1, p.
62; dkt. 82-1, p. 2, para. 4. He was 48 years old and suffering from several
chronic medical conditions, including atrial fibrillation, cardiomyopathy, mixed
hyperlipidemia, congestive heart failure, obstructive sleep apnea, morbid
obesity, gastroesophageal reflux disease ("GERD"), neuropathy, and insulin
3
dependent diabetes mellitus. Dkt. 79-1, p. 2, para. 5; dkt. 79-3, p. 2.; dkt. 7917; dkt. 79-20; dkt. 82-1, p. 22.
Mr. McDaniels was taking multiple prescription medications to treat these
conditions:
•
NPH insulin and regular insulin for diabetes;
•
venlafaxine and capsaicin cream for neuropathy;
•
omeprazole for GERD;
•
vitamin D ointment for his skin;
•
diltiazem and digoxin to control his heart rate and manage atrial
fibrillation;
•
metoprolol, atorvastatin, and hydrochlorothiazide to treat high blood
pressure, control his heart rate, and manage fluid retention;
•
warfarin (Coumadin) to prevent blood clots, heart attack, and stroke;
and
•
a CPAP machine to treat obstructive sleep apnea and reduce his risk
of sudden cardiac death or stroke.
See dkt. 79-1, pp. 41-46; dkt. 79-2; dkt. 79-17, p. 2; dkt. 79-20, p. 3; dkt. 82,
pp. 2-3, para. 5.
Mr. McDaniels received insulin and venlafaxine from nursing staff in his
cell. Dkt. 79-1, p. 42; dkt. 79-9. This is referred to as "pill line." Id.
Mr. McDaniels "self-carried" all other medications. Dkt. 79-2, p. 2. For selfcarried medications, the inmate is given an allotment of medication, usually for
4
about 2 weeks or 30 days, and is responsible for self-administering that
medication at the appropriate times. Dkt. 79-1, p. 43.
When Mr. McDaniels receives his cardiac medications, his resting heart
rate is generally between 60 to 100 beats per minute. Dkt. 79-1, p. 45. Without
these medications, his resting heart rate may elevate to 170 to 180 beats per
minute. Id.
B. Defendants
At all times relevant to the events described in the Complaint:
Jamie Baker was employed as a Lieutenant with the Special Investigative
Services for FCC-TH. Dkt. 79-5. His job duties included investigating inmate
misconduct, responding to security threats, and other activities relating to law
enforcement within FCC-TH. Id.
Michele Smith was employed as a registered nurse in the Special Housing
Unit ("SHU") at FCC-TH. Dkt. 79-7.
C. Mr. McDaniels Is Transferred to the SHU During A Drug Trafficking
Investigation
FCC-TH consists of FCI Terre Haute, a medium-security prison, and USP
Terre Haute, a maximum-security prison. Dkt. 79-1, p. 10. The SHU is a
segregation unit where inmates are kept in isolated cells for close to 24 hours
per day. Dkt. 82-1, p. 4, n. 4.
On August 3, 2017, Lt. Baker intercepted a letter addressed to
Mr. McDaniels' son regarding an attempt to smuggle drugs into FCC-TH.
Exh. 79-5. As part of his investigation, Lt. Baker took Mr. McDaniels that same
day from his cell at FCI Terre Haute to a holding cell for questioning, and then
5
escorted him to a transport van to be moved to the SHU. Dkt. 79-1, pp. 24-25;
dkt. 79-5, paras. 7, 8; 82, p. 3, para. 11. Mr. McDaniels told Lt. Baker that he
had not had breakfast, was diabetic, and needed his medications. Dkt. 79-1,
pp. 24-25, 104; dkt. 82, p. 3, paras. 12-13. Lt. Baker told Mr. McDaniels, "They
will get you whatever you need [at the SHU]," and put him on a transport van
headed to the SHU. Dkt. 79-1, p. 26; dkt. 82-1 at p. 3, para. 14. Lt. Baker had
no further contact with Mr. McDaniels until after he was hospitalized. Dkt. 79-1
at 26.
D. Mr. McDaniels' Medical Treatment in the SHU
Mr. McDaniels did not receive any medical care related to his cardiac
conditions from the time he was transported to the SHU until his collapse and
emergency hospitalization two days later. Dkt. 79-9; dkt. 82-1, p. 4, para. 22.
Nurse Smith was a registered nurse working in the SHU. Dkt. 79-7,
para. 4. She, along with other medical staff in the SHU, was notified that
Mr. McDaniels was being transferred to the SHU and was classified as "Care 3
Medical." Id. at para. 5; dkt. 79-8. This care classification informed Nurse Smith
that Mr. McDaniels "had been identified as having complex or chronic health
conditions that require frequent clinical contacts to maintain stability and
prevent medical complications." Id. She understood the purpose of this
notification was "to notify medical staff about Mr. McDaniels' impending arrival
at the SHU, so that medical staff could provide him with medical care while he
was in this unit." Id.
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On Mr. McDaniels' first evening in the SHU, Nurse Smith went to his cell
and administered his insulin injections. Dkt. 82-1, p. 4, paras. 17-19; dkt. 79-9.
In the SHU, medical staff periodically come around to dispense medication to
inmates. In doing so, medical personnel stop and watch the inmate while he
takes his medication. Dkt. 79-1, p. 31. Nurse Smith was the first medical staff
member Mr. McDaniels interacted with following his transfer. Dkt. 82-1, p. 4,
para. 17. During their visit, Mr. McDaniels "specifically asked [Nurse Smith]
about [his] heart medications and about [his] CPAP machine."1 Dkt. 79-1, p. 29.
Nurse Smith told Mr. McDaniels, "[S]top whining . . . we don't do that over here."
Id.
Immediately following this visit, Nurse Smith sent an email to other SHU
medical staff to notify them that Mr. McDaniels needed to receive his evening
dose of venlafaxine from the pill line. Dkt. 79-7, para. 8; dkt. 79-10, p. 2. She
sent a second email to other BOP personnel inquiring about the location of
Mr. McDaniels' CPAP machine. Dkt. 79-7, para. 9; dkt. 79-11, p. 2.
At approximately 7:00 a.m. the following morning, August 4, 2017,
Mr. McDaniels received his regular insulin injection. Dkt. 79-9 at p. 2.
Around noon the next day, Nurse Smith learned that Mr. McDaniels' CPAP
machine had not been transported to the SHU. Dkt. 79-7, para. 10. At
12:23 p.m. she sent another email instructing BOP staff to "PLEASE PICK UP
[MR. MCDANIELS'] CPAP IN FCI PHARMACY AND BRING [IT] OVER TODAY."
This fact is in dispute. Nurse Smith testified that Mr. McDaniels did not inform
her that he needed refills for his self-carry medications. Dkt. 79-7 at para. 12.
At summary judgment we accept Mr. McDaniels' version of events.
1
7
Dkt. 79-7, para 10 (all caps in original). Gregory Reeson, a pharmacist at FCC
Terre Haute, replied that the CPAP machine was "already in the suitcase" and
that he was "refilling [Mr. McDaniels'] [venlafaxine] because the pill pack only
had 4 capsules in it." Dkt. 79-7, para. 11.
In the evening of August 4, 2017, Nurse Smith again administered an
insulin injection to Mr. McDaniels in the SHU and provided him with his Effexor.
Dkt. 79-9 at p. 2.
Medical staff in the SHU make rounds to dispense medications numerous
times throughout the day. This results in a "continual flow" of medical personnel
administering medications to inmates in the SHU. Dkt. 79-1, p. 31-32.
E. Duress Alarm System in the SHU
Each cell in the SHU is equipped with an emergency duress alarm.
Dkt. 79-15, para. 5. There is a button on the inside of each cell that, when
pushed, activates the duress alarm. Id. When the duress button in the cell is
pushed, it activates an alarm in the panel of the SHU "control bubble," the secure
area where correctional officers monitor the inmates. Id. at para. 7. Once the
alarm goes off, a correctional officer must walk down the range to the cell where
the alarm button was pressed and reset the alarm. Id. at 8. To reset the alarm,
the officer must use a key to activate a switch located immediately outside the
cell door. Id. at para. 9. If a correctional officer does not reset a duress alarm in
a timely manner, an additional alarm will go off in the Main Control room for
USP Terre Haute. Id. at para. 8.
8
During the two days Mr. McDaniels spent in the SHU before his collapse,
he pressed the duress button in his cell approximately 50 times. Dkt. 79-1,
pp. 36-37. The purpose of these alarms was to notify prison officials that he had
not received his cardiac medications and CPAP machine and to report his
deteriorating condition. Dkt. 1, p. 5; dkt. 79-1, p. 38; dkt. 82-1, p. 5,
paras. 25-30. The first couple times he pushed the duress button, an officer
came to the door of his cell and asked, "What is your emergency? What is going
on?" dkt. 79-1, pp. 37-38. After that, however, no one responded. Id. at 37.
On his second day in the SHU, Mr. McDaniels encountered a correctional
officer and asked, "Why was nobody answering my [duress] button?" Dkt. 79-1,
p. 36-37. The correctional officer answered, "Because I turned it off." Id. at 37.
The United States has presented evidence disputing Mr. McDaniels'
assertion that correctional staff disabled the duress alarm in his cell.
FCC Facilities Manager Blake Lott submitted an affidavit about his familiarity
with the duress alarm system. According to Mr. Lott:
SHU staff cannot disable the duress alarm switches or turn off the
duress alarm system without causing damage to it. If such damage
occurred, the Facilities Department would be notified of it. Records
maintained by the Facilities Department from August 2017, do not
indicate the receipt of any notification regarding damage to the
duress alarm system in the SHU. I am not otherwise aware of any
indication that the duress alarm system in the SHU was damaged
or otherwise disabled during this time period.
Dkt. 79-15, paras. 10-12.
F. Mr. McDaniels' Collapse and Emergency Hospitalization
On August 5, 2017, McDaniels again received insulin injections at
approximately 7:25 a.m., 11:00 a.m., and 5:26 p.m. Dkt. 79-9, p. 2.
9
That evening, Mr. McDaniels experienced acute cardiac symptoms.
See dkt. 1, pp. 4-5; dkt. 79-1, p. 117; dkt. 79-13; dkt. 79-17; dkt. 82-1, p. 5,
paras. 27-30. He experienced significant physical pain and pressure in his chest,
anxiety, and shortness of breath. Id. His heart rate was over 170 beats per
minute, and he was having very uncomfortable heart palpitations. Dkt. 79-1,
p. 45; dkt. 82-1, p. 5, para. 29. He repeatedly pushed the duress alarm button
in his cell, but no one responded. Dkt. 1, p. 4; dkt. 79-1, pp. 35-38; dkt. 82-1,
p. 5, para. 25. He vomited and collapsed on the floor of his cell and was not able
to get up on his own. Dkt. 79-1, pp. 113-16; dkt. 79-13, p. 3; dkt. 82-1, p. 5,
paras. 29, 30. As he laid on the floor of his cell, he worried he would "die in [his]
SHU cell and [his] family would never know what had happened to [him]."
Dkt. 82-1, p. 5 para. 1.
A nurse discovered Mr. McDaniels on the floor of his cell. Dkt. 1, p. 79-1,
p. 113. To Mr. McDaniels, the nurse's voice "sounded like it was coming from a
distance away." Id. The nurse helped him get up and took him to a medical
examination room in the SHU. Dkt. 79-9, p. 114.
At 6:25 p.m., less than an hour after Mr. McDaniels received his evening
insulin shot, Nurse Smith treated Mr. McDaniels in the medical examination
room. Dkt. 79-13. His heart rhythm was irregular, and his EKG was abnormal.
Id. at 2-3. Mr. McDaniels told Nurse Smith that he had not received his cardiac
medications since his transfer to the SHU more than two days earlier. Id. at 3.
Nurse Smith notified the on-call doctor and started Mr. McDaniels on an
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intravenous saline drip. He was then transported to the emergency room at
Union Hospital in Terre Haute. Id.
Shortly after Mr. McDaniels was taken to the hospital, Nurse Smith sent
another email to the pharmacist asking them to "please send all of
[Mr. McDaniels’] self carry" medications to the SHU. Dkt. 79-14. In that email,
Nurse Smith stated that Mr. McDaniels "never told [SHU staff] that he didn’t
have self carry cardiac meds, and had to go out" to the hospital as a result. Id.
Dr. Imad Koj treated Mr. McDaniels at Union Hospital. Dkt. 79-17.
Mr. McDaniels informed Dr. Koj that he had not received his cardiac medications
for about three days. Id. at 1. Dr. Koj observed that Mr. McDaniels' heart rate
was in the 130s and 140s and that he "was clearly in atrial fibrillation and high
ventricular response rate." Id. His blood had coagulated to a subtherapeutic
level. Id. 2. He was put on an intravenous diltiazem drip, and his other cardiac
medications were also resumed. Id. After he was stabilized, an echocardiogram
confirmed he was in atrial fibrillation. Id. at 1. Dr. Koj reported that
Mr. McDaniels did not have a heart attack. Id.
Mr. McDaniels was discharged from Union Hospital on August 8, 2017. Id.
at 4. At the time of his discharge, his heart rate was in the 70s, and Dr. Koj
believed that he was doing well. Id. at 5. Regarding the treatment Mr. McDaniels
received at Union Hospital, Dr. Koj reported, "Really [] we did not do much other
than just resuming his medication." Id.
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G. Dr. Breall's Expert Report
Dr. Jeffrey Breall, M.D., Ph.D., is a cardiologist and clinical professor at
the Indiana University Krannert Institute of Cardiology. Dkt. 79-20. He reviewed
Mr. McDaniels' medical records and submitted an expert report with his
conclusions about Mr. McDaniels' condition and care. Id.
Dr. Breall opines, "There was no evidence of a stroke and blood testing did
not confirm any evidence of [a heart attack]. In my opinion, Mr. McDaniels was
receiving reasonable and appropriate treatment at all times while under the
supervision of the prison." Id. at 3. While Dr. Breall agrees that Mr. McDaniels
suffered acute distress on August 5, 2017, he opines there was "no medium or
long term sequalae as a result of these temporary deteriorations." Id. at 4. In
addition, while patients such as Mr. McDaniels may experience atrial fibrillation
and low INR (a measurement of blood clotting) regardless of whether they take
their medications, these issues are more likely to occur if the patient is noncompliant with their medical therapy. Id. at 3-4.
III.
DISCUSSION
A. Eighth Amendment Claims against Lt. Baker and Nurse Smith
Mr. McDaniels claims that Lt. Baker and Nurse Smith were deliberately
indifferent to his serious medical need in violation of the Eighth Amendment
when they failed to provide him with his cardiac medications after he was
transferred to the SHU. A federal inmate may bring a Bivens action against
federal officials under the Eighth Amendment for deliberate indifference to the
12
inmate's serious medical needs. Carlson v. Green, 446 U.S. 14, 24 (1980) (citing
Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) (reaffirmed in
Ziglar v. Abbasi, 137 S. Ct. 1843, 1855 (2017)).
1. Eighth Amendment Medical Standard
At all times relevant to his claims, Mr. McDaniels was a convicted offender.
Accordingly, his medical treatment is evaluated under standards established by
the Eighth Amendment's proscription against the imposition of cruel and
unusual punishment. See Helling v. McKinney, 509 U.S. 25, 31 (1993) ("It is
undisputed that the treatment a prisoner receives in prison and the conditions
under which he is confined are subject to scrutiny under the Eighth
Amendment.").
"To determine if the Eighth Amendment has been violated in the prison
medical context, [courts] perform a two-step analysis, first examining whether a
plaintiff suffered from an objectively serious medical condition, and then
determining whether the individual defendant was deliberately indifferent to that
condition." Petties v. Carter, 836 F.3d 722, 727–28 (7th Cir. 2016) (en banc).
"[C]onduct is deliberately indifferent when the official has acted in an intentional
or criminally reckless manner, i.e., the defendant must have known that the
plaintiff was at serious risk of being harmed [and] decided not to do anything to
prevent that harm from occurring even though he could have easily done so."
Board v. Farnham, 394 F.3d 469, 478 (7th Cir. 2005) (internal quotations
omitted).
13
2. Objectively Serious Medical Condition
The defendants do not dispute that Mr. McDaniels had preexisting cardiac
conditions, that he was did not receive medications for these conditions for
multiple days, or that he collapsed in his cell, vomited, and had to be transported
to a local hospital for emergency medical treatment. The arguments in their
summary judgment briefs relate mostly to Lt. Baker's lack of personal
involvement in his medical care and Nurse Smith's lack of deliberate indifference
toward his medical conditions. See id. at 17-21.
A cardiac condition, including cardiac arrhythmia, chest pains, and
hypertension, may constitute an objectively serious medical condition. E.g.,
Estelle v. Gamble, 429 U.S. 97, 101 (1976); Williams v. Liefer, 491 F.3d 710, 71516 (7th Cir. 2007). Considering the uncontradicted evidence regarding
Mr. McDaniels' preexisting medical conditions, the lapse in his chronic cardiac
medications for several days, and the acute distress he suffered on August 5,
2017, the Court concludes that he has presented evidence of an objectively
serious medical condition. 2
3. Deliberate Indifference
Prisoners bringing medical claims under the Eighth Amendment face a
high bar. "While evidence of medical malpractice often forms the basis of a
The defendants deny Mr. McDaniels' allegation that he suffered a heart attack on
August 5, 2017. See Dkt. 80, p. 14. As explained in Part II of this Order, there is no
medical evidence that Mr. McDaniels suffered a heart attack or stroke. Similarly, there
is no medical evidence that the lapse in treatment caused any medium or permanent
damage, such as a blood clot. The Court's conclusion that Mr. McDaniels suffered from
an objectively serious harm is based only on his preexisting medical conditions and the
acute distress he suffered following the lapse in his cardiac medications.
2
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deliberate indifference claim, the Supreme Court has determined that plaintiffs
must show more than mere evidence of malpractice to prove deliberate
indifference." Petties, 836 F.3d at 728 (citing Estelle, 429 U.S. at 106). The
plaintiff must show the defendant "did not just slip up, but was aware of, and
disregarded, a substantial risk of harm." Petties, 836 F.3d at 728. Because
officials seldom declare their intention to ignore a risk to an inmate's health,
most plaintiffs will have to prove their case with circumstantial evidence. Id. One
way to do this is to present evidence "of a prison official's decision to ignore a
request for medical assistance." Id. A plaintiff does not need to show that he was
literally ignored to prevail; it is enough that the risk of a particular course of
treatment, or lack thereof, was obvious but ignored by the defendant. Id.
i.
Lt. Baker
The fact that Lt. Baker is a non-medical prison official does not
automatically shield him from liability. The Seventh Circuit has explained,
"[I]f a prisoner is under the care of medical experts . . . a non-medical
prison official will generally be justified in believing that the prisoner
is in capable hands. This follows naturally from the division of labor
within a prison. Inmate health and safety is promoted by dividing
responsibility for various aspects of inmate life among guards,
administrators, physicians, and so on. Holding a non-medical prison
official liable in a case where a prisoner was under a physician's care
would strain this division of labor."
Arnett v. Webster, 658 F.3d 742, 755 (7th Cir. 2011). However, "[n]on-medical
defendants cannot simply ignore an inmate's plight." Id. If the plaintiff tells a
non-medical defendant that he is receiving inadequate medical care and "the
communication, in its content and manner of transmission, gave the prison
15
official sufficient notice to alert him or her to an excessive risk to inmate health
or safety . . . the refusal or disinclination to exercise the authority of his or her
office may reflect deliberate indifference." Id.
Here, the designated evidence does not support a reasonable inference that
Lt. Baker was aware of and chose to ignore an excessive risk to Mr. McDaniels'
health. Mr. McDaniels told Lt. Baker that he needed to get his medications before
being transferred to the SHU. However, there is no evidence that Lt. Baker was
aware of Mr. McDaniels' specific cardiac conditions or that he believed there was
a significant risk that Mr. McDaniels would go into acute distress without these
medications for a short time. To the contrary, the evidence is that Lt. Baker
believed, correctly, that Mr. McDaniels would be seen by medical staff shortly
after his arrival in the SHU. As such, he was "justified in believing that
[Mr. McDaniels] [would be] in capable hands" upon his arrival. Arnett, 658 F.3d
at 755. See also Zentmyer v. Kendall County, Ill., 220 F.3d 805 (7th Cir. 2000).
Accordingly, the motion for summary judgment is GRANTED in favor of Lt.
Baker.
ii.
Nurse Smith
The parties dispute whether Nurse Smith was aware that Mr. McDaniels
required but did not have self-carry cardiac medications before his collapse.
According to Mr. McDaniels, he "asked her specifically about [his] heart
medications" during their first patient visit. Dkt. 79-1, p. 29. However, Nurse
Smith says that she did not know about his cardiac medications until after he
16
collapsed, at which point she immediately sent an email to the prison pharmacist
directing him to send these medications to the SHU. Dkt. 79-7, paras. 12-14.
Courts look to "the totality of an inmate's medical care when considering
whether that care evidences deliberate indifference to a serious medical need."
Petties, 836 F.3d at 728-29. Generally, an isolated lapse in otherwise consistent
medical care, without more, is insufficient to establish deliberate indifference.
Gutierrez v. Peters, 111 F.3d 1364 (7th Cir. 1997). But where there is a "markedly
atypical" lapse in treatment that causes a serious deprivation in medical care,
"mistreatment for a short time might . . . be evidence of a culpable state of mind
. . . even where a plaintiff has previously received good care." Reed v. McBride,
178 F.3d 849, 855 (7th Cir. 1999) (quoting Dunnigan ex rel. Nyman v. Winnebago
County, 165 F.3d 587, 591 (7th Cir. 1999)).
Construing the facts in the light most favorable to Mr. McDaniels, Nurse
Smith knew that Mr. McDaniels "had been identified as having complex or
chronic health conditions that require frequent clinical contacts to maintain
stability and prevent medical complications." Dkt. 79-7, para. 5; dkt. 79-8.
Mr. McDaniels told Nurse Smith that he had required but not have his self-carry
cardiac medications. In response, she told him to stop whining. Thereafter, she
made no effort to get Mr. McDaniels' cardiac medications until after Mr.
McDaniels collapsed and was hospitalized.
On these facts, a reasonable jury could conclude that Nurse Smith was
deliberately indifferent to Mr. McDaniels' serious medical need even though she
provided Mr. McDaniels with care for his other conditions. Reed, 178 F.3d at
17
855. See also Gil v. Reed, 381 F.3d 649, 661-62 (7th Cir. 2004) (reversing
summary judgment where a physician's assistant's "angry and unexplained
refusal to provide an inmate with his prescribed [antibiotic]" after surgery caused
serious complications; reasoning that the effort of filling the prescription was
almost "zero" and the severity of the inmate's medical need was high).
Accordingly, the motion for summary judgment is DENIED as to Nurse
Smith.
B. FTCA Claim against the United States
For his claim under the Federal Tort Claims Act ("FTCA"), Mr. McDaniels
alleges that correctional officers disabled the duress alarm in his cell before his
collapse.
1. FTCA Standard
The FTCA is a limited waiver of the United States' sovereign immunity.
The FTCA applies to federal inmates' claims alleging personal injuries sustained
while incarcerated because of negligence of government employees. See United
States v. Muniz, 374 U.S. 150 (1963). The FTCA authorizes suits against the
United States for money damages "for injury or loss of property, or personal
injury or death caused by the negligent or wrongful act or omission of any
employee of the Government while acting within the scope of his office or
employment, under circumstances where the United States, if a private person,
would be liable." 28 U.S.C. § 1346(b).
State tort law of the state where the tort occurred, in this case Indiana,
applies when determining "whether the duty was breached and whether the
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breach was the proximate cause of the plaintiff's injuries." Parrott v. United
States, 536 F.3d 629, 637 (7th Cir. 2008).
Under Indiana law, to prove negligence, a plaintiff must establish by a
preponderance of the evidence that the defendant: (1) owed a duty to the plaintiff;
(2) breached that duty by failing to meet the appropriate standard of care; and
(3) the plaintiff suffered injury as the proximate result of the defendant's failure
to perform its duty. See Parrott, 536 F.3d at 635; Siner v. Kindred Hosp. Ltd.
P'ship, 51 N.E.3d 1184, 1187 (Ind. 2016); Estate of Mintz v. Connecticut Gen. Life
Ins., 905 N.E.2d 994, 998-99 (Ind. 2009). "Summary judgment is appropriate in
a negligence action where defendant demonstrates that the undisputed material
facts negate at least one element of plaintiff's claim." Halterman v. Adams County
Bd. of Comm'rs, 991 N.E.2d 987, 990 (Ind. Ct. App. 2013) (internal quotations
omitted).
2. Duty of Care
The United States' duty of care owed to federal prisoners is established by
18 U.S.C. § 4042. See United States v. Muniz, 374 U.S. 150, 164-65 (1963).
Pursuant to § 4042, the United States owes a duty to federal inmates to "provide
suitable quarters and provide for the safekeeping, care, and subsistence of all
persons charged with or convicted of offenses against the United States."
18 U.S.C. § 4042(a)(2). While the United States was not required to provide
access to a duress alarm as part of the duty of care, see Jones v. United States,
No. 2:17-CV-00451-WTL-DLP, 2019 WL 2647593, at *7 (S.D. Ind. June 27,
2019), it did so here.
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3. Breach
Mr. McDaniels alleges that the United States breached its duty of care
when the duress alarm in his cell was rendered inoperable. He argues that he
tried to use the duress alarm to call for medical assistance on August 5, 2017,
and to request his CPAP machine and medications. In response, the United
States argues that the duress alarm system was functioning such that there
could be no breach.
Construing the facts in the light most favorable to Mr. McDaniels, a guard
responded the first couple times Mr. McDaniels pushed the button on the duress
alarm.
But thereafter, there was no response to his pushing the button
numerous times. Whether the duress alarm was intentionally deactivated or
ignored, these are material facts in dispute regarding whether there was a breach
of duty so summary judgment is not appropriate on this element.
4. Injury
Mr. McDaniels argues that he was injured by BOP officers' failure to
respond when he attempted to use the duress alarm. The United States argues
that Mr. McDaniels cannot show that any issues with the duress alarm led to
his injuries.
This again is a material fact in dispute. The United States' medical expert
opined that while patients such as Mr. McDaniels may experience atrial
fibrillation and low INR regardless of whether they take their medications, these
issues are more likely to occur if the patient is non-compliant with their medical
therapy. Dkt. 79-20, pp. 3-4. In addition, Mr. McDaniels testified that he pressed
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the duress alarm repeatedly before he collapsed, but no one responded.
Consequently, he continued to suffer, experienced anxiety and collapsed on the
floor. The hospital medical records indicate that after Mr. McDaniels received his
medications he quickly stabilized. Given the evidence in the record, a reasonable
factfinder could conclude that the delay in obtaining cardiac medications,
attributable in part to the guards' failure to answer his duress alarms,
unnecessarily prolonged and exacerbated Mr. McDaniels' pain. See Williams v.
Liefer, 491 F.3d 710, 715–16 (7th Cir. 2007); Gil, 381 F.3d at 662 (recognizing
that 'hours of needless suffering' can constitute harm).
The United States' motion for summary judgment on the FTCA claim is
DENIED.
IV.
CONCLUSION
The defendants' motion for summary judgment, dkt. [79], is GRANTED in
favor of Lt. Baker and DENIED as to Nurse Smith and the United States.
The Court previously denied Mr. McDaniels' motions for assistance recruiting
counsel. See dkts. 49, 52, 73. Given the complexities of late-stage litigation, such
as a trial or settlement conference, the Court sua sponte reconsiders and
GRANTS Mr. McDaniels' motions for assistance recruiting counsel. The Court
will attempt to recruit pro bono counsel on Mr. McDaniels' behalf.
SO ORDERED.
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Date: 9/30/2021
Distribution:
JOSEPH ANTHONY MCDANIELS
21298-086
1737 Belmont Avenue, Apt #2
Seattle, WA 98122
Jackson Taylor Kirklin
UNITED STATES ATTORNEY'S OFFICE (Indianapolis)
taylor.kirklin@usdoj.gov
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