Alexander v. Neustrom et al
Filing
48
MEMORANDUM RULING re 8 MOTION for Summary Judgment filed by John Bernard, Michael Neustrom, Bernard, Sandy Riviere, Sandy. Signed by Magistrate Judge Carol B Whitehurst on 9/6/2016. (crt,Chicola, C)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
Alexander
Civil Action No. 16-00470
versus
Judge Carol B. Whitehurst
Neustrom, et al
By Consent of the Parties
MEMORANDUM RULING
Before the Court is a Motion for Summary Judgment filed by defendants,
Michael Neustrom, individually and in his Official Capacity as Sheriff of Lafayette
Parish, John Bernard and Sandy Riviere, individually and in their official capacities
as deputies for the Lafayette Parish Sheriff’s Office (“LPSO”) [Rec. Doc. 8], a
Memorandum in Opposition filed by Plaintiff, Kenward Alexander, Jr., [Rec. Doc.
30], and Defendants’ Reply thereto [Rec. Doc. 44]. For the following reasons, the
Motion will be denied.
I. Background
This action is brought by Plaintiff, Kenward Alexander, pursuant to 42 U.S.C.
§§ 1983, the Eighth and Fourteenth Amendments and the laws of Louisiana against
Michael Neustrom, individually and in his Official Capacity as Sheriff of Lafayette
Parish (Sheriff Neustrom”), John Bernard and Sandy Riviere, individually and in their
official capacities as deputies for the LPSO (“Deputies”), as well as “Jane Doe” and
“John Doe”.1
Plaintiff’s Affidavit and his First Supplemental And Amended Petition, R. 302, 32, provides the following allegations:
Plaintiff was a pretrial detainee in the Lafayette Parish Correctional Center
(“LPCC”), which is operated and staffed by the Sheriff’s Department of Lafayette
Parish. Plaintiff was held in the section known as the “Annex” which included a
common area shared with other prisoners, including known violent convicts. One
such convicted prisoner was Cody Fruge. On March 18, 2015, Plaintiff was
threatened by a group of inmates with physical violence and one attempted to strike
him. Deputies Bernard and Riviere entered the area, detained the inmate who
attempted to strike Plaintiff and led him out. Plaintiff advised the Deputies that there
were other remaining inmates who were also attempting to harm him. Deputy Bernard
instructed Plaintiff to re-enter the area and get his personal belongings. Deputies
Bernard and Riviere knowingly failed to accompany Plaintiff
back into the
confinement area for him to accomplish this instruction and to protect him from
serious danger. Instead, the Deputies opened the door to the Annex and closed it
behind Plaintiff despite being advised of the imminent threat of harm he faced.
Upon re-entering the area, as Plaintiff quickly attempted to get his personal
1
Plaintiff also named health providers at the LPSO including, Toree Roy and Quinceyetta
Hamilton, Ian Duplantis, Cynthia Landry and Daneisha Marks. R. 32.
2
belongings, he was attacked by inmate Cody Fruge and struck twice in the face
causing injuries to his jaw, including a fracture. Plaintiff was taken to University
Hospitals and Clinic (“UHC”) where he was treated and released to Defendants. The
providers at UHC instructed Defendants that Plaintiff needed to be seen within 1
week [or by March 25th] in order for his jaw fracture to heal properly.
Despite the severity of his injuries and knowledge of same through UHC,
complaints made by Plaintiff, as well as his medical records, Defendants and the
medical personnel employed by Sheriff Neustrum, showed deliberate indifference,
delayed and/or failed to provide Plaintiff with prompt and necessary medical care and
attention and pain relief medications, and failed to return him to UHC for timely
treatment of his fractured jaw until April 14, 2015, nearly one month after the attack.
This delay resulted in Plaintiff’s jaw healing improperly and requiring a surgical
procedure which otherwise would have been unnecessary had Defendants taken
proper action for Plaintiff to be examined by the specialist weeks earlier as
instructed.
On April 14, 2015, Plaintiff was referred to Perkins Surgery Center in Baton
Rouge, Louisiana for treatment with a specialist. On June 22, 2015, the surgery
caused by Defendants’ delay and neglect was performed on his jaw at Our Lady of
the Lake Hospital (“OLOL”). Pursuant to the provider’s instructions, “d/c to prison,
f/u 1 wk,” Plaintiff was to return to OLOL/LSU Perkins one week after the June 22
3
surgery for an adjustment to the instrumentation that had been placed in his jaw. The
timely adjustment was necessary in order for the healing of his jaw to be proper.
Despite the severity of his injuries and knowledge of same through the UHC
instructions, complaints made by Plaintiff, and his medical records, Defendants and
the medical care personnel employed by Sheriff Neustrum delayed and/or failed to
provide an appointment for the necessary adjustment after the surgery until July 16,
2015—24 days later. This delay was again with deliberate indifference.
As a result of this second delay, Plaintiff again suffered damages both past and
future. Plaintiff’s jaw has not healed properly, he has for long periods of time been
unable to chew food, he has suffered from pain, and he now does not have a jaw
which functions properly or which allows him to fully close same in a normal manner.
This has impeded and damaged Plaintiff’s health, speech and mental and physical
well being. Plaintiff will require future medical treatment and expenditures to correct
that which resulted due to Defendants’ [deliberate indifference and] neglect.
Plaintiff filed this action in the Fifteenth Judicial Court, Lafayette Parish,
Lafayette, Louisiana on March 15, 2016. On April 7, 2016, Defendants removed the
case to this Court under the Court’s federal question and supplemental jurisdiction.
Defendants answered Plaintiff’s original Petition For Damages on April 14, 2016, and
five days later, on April 19, 2016, Defendants filed the Motion at bar asserting that
this action should be dismissed with prejudice in its entirety.
4
Plaintiff filed a Motion to Compel on June 6, 2016, contending that
Defendants’ responses to his discovery requests were “primarily objections” and
failed to provide critical information necessary to oppose the motion for summary
judgment. R. 18. The Court conducted a telephone conference with the parties on
June 20, 2016 and entered an Order denying Defendants’ Motion For Summary
Judgment without prejudice as premature, except for those claims related to the issue
of qualified immunity.2 R. 27, 28.
In his Opposition Memorandum, Plaintiff asserts that he was precluded from
any discovery of facts and information related to Defendants’ practices, policies and
past similar incidents when his Motion To Compel was denied on June 6, 2016. Thus,
Plaintiff maintains he was denied the opportunity to discover and address the factual
reasonableness and the facts showing the deliberate indifference of Defendants’
actions such as poor training, deficient policies, and knowledge of prior similar
incidents.
II. Summary Judgment Standard
Under Federal Rule of Civil Procedure 56, summary judgment “should be
rendered if the pleadings, the discovery and disclosure materials on file, and any
affidavits show that there is no genuine issue as to any material fact and that the
2
The Court will not consider any facts which are not related to qualified immunity in
Defendants’ “Statement of Undisputed Material Facts.”
5
movant is entitled to judgment as a matter of law.” FED. R. CIV. P. 56(c)(2). The
moving party bears the initial burden of informing the court of the basis for its motion
by identifying portions of the record which highlight the absence of genuine issues
of material fact. Topalian v. Ehrmann, 954 F.2d 1125, 1132 (5th Cir.1992). A fact is
“material” if proof of its existence or nonexistence would affect the outcome of the
lawsuit under applicable law in the case. Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 248 (1986). A dispute about a material fact is “genuine” if the evidence is such
that a reasonable fact finder could render a verdict for the nonmoving party. Id.
If the moving party can meet the initial burden, the burden then shifts to the
nonmoving party to establish the existence of a genuine issue of material fact for trial.
Norman v. Apache Corp., 19 F.3d 1017, 1023 (5th Cir.1994). In evaluating the
evidence tendered by the parties, the Court must accept the evidence of the
nonmovant as credible and draw all justifiable inferences in its favor. Anderson, 477
U.S. at 255. However, “a party cannot defeat summary judgment with conclusory
allegations, unsubstantiated assertions, or only a scintilla of evidence. Thus, summary
judgment is appropriate if a reasonable jury could not return a verdict for the
nonmoving party.” Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 343 (5th
Cir.2007).
6
III. Law And Analysis
Plaintiff asserts Section 1983 claims against Sheriff Neustrom and Deputies
Bernard and Riviere in their individual capacities. In their Motion, Defendants assert
qualified immunity as to Plaintiff’s claims for: (1) Failure to provide adequate
medical care; (2) Failure to protect; and, (3) Inadequate classification or housing.
Although Sheriff Neustrom was not personally involved in the events surrounding the
events complained of and Plaintiff does not contend that Deputy Bernard or Deputy
Riviere had control over medical decisions or medical personnel, Defendants state
that “the plaintiff’s allegations against the defendants are accepted at [sic] true for the
limited purpose of this motion.” Thus, the Court will consider Plaintiff’s claims of
deliberate indifference against all Defendants and will determine whether or not the
prongs of qualified immunity apply as to each of Plaintiff’s claims.
A. Qualified Immunity
“The doctrine of qualified immunity protects public officials from liability for
civil damages ‘insofar as their conduct does not violate clearly established statutory
or constitutional rights of which a reasonable person would have known.’ ” Jennings
v. Patton, 644 F.3d 297, 300 (5th Cir.2011) (quoting Pearson v. Callahan, 555 U.S.
223 (2009)). To determine whether a public official is entitled to qualified immunity,
we inquire: “(1) whether the facts that the plaintiff has alleged make out a violation
of a constitutional right; and (2) whether the right at issue was ‘clearly established’
7
at the time of the defendant's alleged misconduct.” Id. (citing Pearson, 555 U.S. at
230–33). A pretrial detainee’s due process rights are at least as great as the Eighth
Amendment protections available to a convicted prisoner.... [T]he State owes the
same duty under the Due Process Clause and the Eighth Amendment to provide both
pretrial detainees and convicted inmates with basic human needs, including medical
care and protection from harm, during their confinement. Jacobs v. W. Feliciana
Sherif's Dept., 228 F.3d 388, 393 (5th Cir.2000).
As to the second element: (1) the housing of pretrial detainees with convicted
inmates may raise constitutional concerns, but only if their classification together is
handled indiscriminately without justification, Pembroke v. Wood County, 981 F.2d
225, 228 (5th Cir.1993); (2) “it has long been clearly established that a prison guard
violates the [Fourteenth] Amendment by causing an inmate to be assaulted,”
Schreane v. Beemon, 575 Fed.Appx. 486, 491 (5th Cir. 2014) (citing Farmer v.
Brennan, 511 U.S. 825, 833 (1994)(“gratuitously allowing the beating or rape of one
prisoner by another serves no legitimate penological objective”)); Irving v. Dormire,
519 F.3d 441, 447–48 (8th Cir.2008) (denying qualified immunity where prison
guards opened cell doors so as to allow a prisoner to attack the plaintiff); and, (3) A
pretrial detainee’s right to medical care is violated if “an officer acts with deliberate
indifference to a substantial risk of serious medical harm and resulting injuries.”
Mace v. City of Palestine, 333 F.3d 621, 625 (5th Cir.2003).
Thus, Defendants would not be entitled to qualified immunity if Plaintiff
8
alleges facts showing that Defendants were deliberately indifferent to the substantial
risk of harm Plaintiff faced upon: (1) being housed with convicted prisoners; (2)
ordered to return to the Annex with knowledge that he had been threatened by a
group of prisoners, and; (3) was not timely examined by a specialist for his fractured
jaw knowing that same was medically “urgent.”
B. Plaintiff’s Constitutional Claims
“Whenever the district court denies an official’s motion for summary judgment
predicated upon qualified immunity, the district court can be thought of as making
two distinct determinations, even if only implicitly.” Kinney v. Weaver, 367 F.3d 337,
346 (5th Cir.2004) (en banc). “First, the district court decides that a certain course of
conduct would, as a matter of law, be objectively unreasonable in light of clearly
established law. Second, the court decides that a genuine issue of fact exists regarding
whether the defendant(s) did, in fact, engage in such conduct.” Id.
Plaintiff alleges that his constitutional rights were violated by Defendants: (1)
ordering that he return unaccompanied to the Annex when they knew a group of
convicted prisoners had threatened and attempted to assault him; and, (2) failing to
provide him with timely medical treatment. “The appropriate standard to apply in
analyzing constitutional challenges brought by pretrial detainees depends on whether
the alleged unconstitutional conduct is a ‘condition of confinement’ or ‘episodic act
or omission.’ ” Tamez v. Manthey, 589 F.3d 764, 769 (5th Cir.2009) (quoting Scott
v. Moore, 114 F.3d 51, 53 (5th Cir.1997) (en banc)). As each of Plaintiff’s claims
9
constitutes “a particular act or omission of one or more officials,” this action is
properly analyzed as an “episodic act or omission” case. See Scott, 114 F.3d at 53.
The Court applies the “deliberate indifference” standard in episodic act or
omission cases. Tamez, 589 F.3d at 769. Under that standard, Plaintiff must establish
that Defendants acted with subjective deliberate indifference to these claims. Id. at
770. To show subjective deliberate indifference, Plaintiff must present evidence: (1)
that Defendants had “subjective knowledge of facts from which an inference of
substantial risk of serious harm could be drawn;” (2) that Defendants “actually drew
that inference;” and (3) that Defendants’ response to the risk indicates that they
“subjectively intended that harm to occur.” Id.
To impose liability on a defendant in his individual capacity in an
episodic-act-or-omission case, a pretrial detainee must establish that the defendant
acted with subjective deliberate indifference. Id. A person acts with subjective
indifference if (1) “he knows that an inmate faces a substantial risk of serious bodily
harm,” and (2) “he disregards that risk by failing to take reasonable measures to abate
it.” Anderson v. Dallas Cty., Tex., 286 Fed.Appx 850, 860 (5th Cir. 2008).
Plaintiff named Sheriff Neustrom as a defendant in this action. “[Louisiana]
law divides responsibility for parish jails. The parishes are charged with their jails’
physical maintenance. See La.Rev.Stat. § 15:702. However, the duty to administer
and operate the jails falls on the sheriff of each parish. See La.Rev.Stat. § 15:704; see
also Magee v. St. Tammany Par. Jail, 2010 WL 1424404, at *4 (E.D.La. Mar. 5,
10
2010).” Bouchereau v. Gautreaux, 2015 WL 5321285, at *14 (M.D.La., 2015).
“Confining authorities, such as a sheriff in charge of a parish jail, still maintain a
legal obligation to provide medical treatment for prisoners. The standard of care
imposed upon the confining authority in providing for the medical needs of prisoners
is that those services be adequate and reasonable. Id. (citing Landry v. East Baton
Rouge Parish Sheriff's Office, 2014–0733, 2015 WL 1033767, at *2 (La.App. 1 Cir.
3/9/15).
Plaintiff’s claims against Sheriff Neustrom in his individual capacity revolve
around allegations of the failure to properly train and supervise, as well as policies
to separate dangerous prisoners from detainees, to protect against serious harm and
injury and to provide prompt medical treatment and transportation to appointments.
R. 32, ¶¶ 20–27. A supervisory official may be held liable under section 1983 only
if “(1) he affirmatively participates in the acts that cause the constitutional
deprivation, or (2) he implements unconstitutional policies that causally result in the
constitutional injury.” Gates v. Tex. Dep't of Protective & Regulatory Servs., 537 F.3d
404, 435 (5th Cir.2008). “In order to establish supervisor liability for constitutional
violations committed by subordinate employees, plaintiffs must show that the
supervisor act[ed], or fail[ed] to act, with deliberate indifference to violations of
others' constitutional rights committed by their subordinates.” Porter v. Epps, 659
F.3d 440, 446 (5th Cir.2011). A supervisor may be liable for failure to supervise or
train if “(1) the supervisor either failed to supervise or train the subordinate official;
11
(2) a causal link exists between the failure to train or supervise and the violation of
the plaintiff's rights; and (3) the failure to train or supervise amounts to deliberate
indifference.” Id.
1. Prisoner Classification
Defendants assert that Plaintiff states a claim for “constitutionally inadequate
classification or housing assignments for failing to detain [him] separate and apart
from ‘violent convicts.’ ” As provided above, the Fifth Circuit has recognized that the
housing of pretrial detainees with convicted inmates may raise constitutional
concerns, but only if their classification together is handled indiscriminately without
justification. Pembroke v. Wood County, 981 F.2d 225, 228 (5th Cir.1993). It has also
recognized that some circumstances will permit the housing of pretrial detainees with
convicted inmates. Jones v. Diamond, 636 F.2d 1364 (5th Cir.1981), overruled on
other grounds International, Woodworkers v. Champion Int'l Corp., 790 F.2d 1174
(5th Cir.1986). Significantly, the classification of inmates is an administrative
function of the prison. Jones, 636 F.2d at 1376. Courts accord great deference to
prison officials’ administrative decisions and will not interfere with legitimate
administration without a constitutional violation. Smith v. Bingham, 914 F.2d 740,
742 (5th Cir.1990). “Classification of inmates in Louisiana is a duty of the [jailer] and
an inmate has no right to a particular classification under state law.” Woods v.
Edwards, 51 F.3d 577, 581–82 (5th Cir.1995).
Plaintiff complains that he was housed with or near convicted inmates while
12
he was a pretrial detainee and that he was attacked by one of those inmates as a result.
As a pretrial detainee, such a claim arises under the Due Process Clause of the
Fourteenth Amendment, which—like the Eighth Amendment—places a duty on the
State to protect against harm to persons in its confinement. See Hare v. City of
Corinth, 74 F.3d 633, 639 (5th Cir.1996) (en banc).
In his Opposition Memorandum, Plaintiff argues generally that “prison officials
have a duty to protect prisoners from violence at the hands of other prisons.” Plaintiff,
however, make no reference to any administrative decision related to his confinement.
Rather, Plaintiff’s only reference to his confinement with convicted prisoners is in his
failure to protect claim and related argument as to Defendants’ actions and the
circumstances surrounding the attempted and actual assault against him. Moreover,
at the hearing on oral argument, neither counsel for Defendants nor Plaintiff made
any reference to an unconstitutional housing claim—arguing only the failure to
protect and the medical care claims. The Court finds that because Plaintiff has not
alleged an unconstitutional housing claim, Defendants’ motion is moot in that regard.
2. Failure To Protect
Plaintiff complains that while he was a pretrial detainee, Defendants failed to
protect him from violence at the hands of a fellow inmate—Cody Fruge. Here,
Deputy Bernard and Deputy Riviere knew that an attempt to assault Plaintiff had
occurred. Plaintiff alleges that he also told Bernard and Riviere he had been further
threaten by a group of inmates. Deputies Bernard and Riviere removed the inmate
13
from the Annex who attempted to assault Plaintiff and were in the process of moving
Plaintiff from the Annex to different housing. Before relocating Plaintiff, however,
Plaintiff alleges that Bernard and Riviere instructed him to go back into the Annex
for his personal belongings. Bernard and Riviere did not accompany Plaintiff into the
Annex and closed the door behind him. Once Plaintiff re-entered the Annex without
protection from the Bernard and Riviere he was violently assaulted by one of the
members of the inmates who had threatened him—Cody Fruge.
Defendants argue that Plaintiff’s assertion that he informed Deputies Bernard
and Riviere that a group of inmates had threatened to harm him, as well as his “brief”
return to the Annex, are insufficient to demonstrate that Defendants were consciously
aware that Plaintiff faced a substantial risk of serious harm and they are entitled to
qualified immunity. Defendants cite Davidson v. Cannon, 474 U.S. 344 (1986), in
support of their position that “a mistaken belief that a threat is not ‘sufficiently
serious’ does not demonstrate deliberate indifference by the jail official.” Id. In
Cannon the jail official received a note from the plaintiff, an inmate, that he was
being threatened by a fellow inmate. The official did not act on the note and simply
forgot about it. The facts of Cannon are significantly distinguishable from the facts
in this case. Here, the Deputies knew of the substantial risk of harm to Plaintiff by the
group of inmates, one of whom had attempted to assault him. Despite this knowledge,
the Deputies deliberately sent him back into the Annex alone and unprotected.
There is a clearly established right to be free from unnecessary beatings in
14
prison. Hudson v. McMillan, 503 U.S. 1, 9–10(1992). There is likewise a clearly
established duty for prison guards to care for the health and safety of inmates. Estelle
v. Gamble, 429 U.S. 97, 104–05 (1976). Based on Plaintiff’s Affidavit regarding the
facts of his attack and the actions of Deputies Bernard and Riviere, there is a genuine
issue of material fact as to whether or not Defendants were deliberately indifferent to
Plaintiff’s right to be safe from harm.
Plaintiff alleges that Sheriff Neustrom failed to properly train and supervise
Deputies Bernard and Riviere and failed to enact policies and procedures to separate
dangerous prisoners from detainees in known risk situations in order to protect
detainees against serious harm and injury.
Plaintiff must show that
Sheriff
Neustrom, as the supervisor, either failed to supervise or train Deputies Bernard and
Riviere and that a causal link exists between the failure to train or supervise and the
violation of Plaintiff's rights. Here, the circumstances surrounding Plaintiff’s assault,
including the Deputies’ actions and their alleged knowledge creates a material issue
as to Sheriff Neustrom’s deliberate indifference regarding the failure to train or
supervise and/or his policies and procedures related to protection of detainees from
known threats by convicted prisoners.
3. Medical Care
Plaintiff asserts his Constitutional rights were violated when his serious health
needs were met with deliberate indifference. Under the “deliberate indifference”
standard, a plaintiff must establish that the defendants acted with subjective deliberate
15
indifference to his need for medical care. Brown v. Strain, 663 F.3d 245, 249 (5th
Cir.2011). To show that level of indifference, a plaintiff must present evidence that:
(1) the defendant had “subjective knowledge of facts from which an inference of
substantial risk of serious harm could be drawn;” (2) the defendant actually drew that
inference; and (3) the defendant's response to the risk indicates that he subjectively
intended that the harm occur. Id. Deliberate indifference thus requires actual
knowledge and conscious disregard of the risk of harm to the plaintiff. Farmer v.
Brennan, 511 U.S. 825, 834 (1994). A prison official’s knowledge of a substantial
risk of harm may be inferred if the risk was obvious. Id. at 825. Furthermore, the law
was clear that mere delay in receiving care is not in and of itself a constitutional
violation but rather “can only constitute an Eighth [or Fourteenth] Amendment
violation if there has been deliberate indifference [that] results in substantial harm.”
Easter v. Powell, 467 F.3d 459, 463 (5th Cir.2006). The evidence confirms that
Plaintiff suffered substantial harm in connection with the delay in his fractured jaw
examination by a specialist.
Plaintiff contends that despite Defendants’ knowledge, by and through its
medical personnel, of UHC’s directive that he be referred “ASAP” for examination
by an oral myofacial specialist, Defendants knowingly and deliberately failed to
transport him to an ENT Clinic until twenty-seven (27) days later on April 14, 2015.
Plaintiff further contends that this delay caused him to require surgical intervention
to repair his jaw (rather than merely setting the jaw). After the surgery was performed
16
on June 22, 2015, the provider instructed that Plaintiff be examined within one week
for post-surgery adjustment of his jaw. Plaintiff states that Defendants’ again failed
to transport him to his July 2, 2015 appointment and his adjustment was not made
until July 16, 2015—24 days after his surgery. Plaintiff asserts that the post-surgery
delays have necessitated a second surgery to correct his jaw and that he remains
unable to close his mouth. R. 30, p. 16.
Defendants contend that Sheriff Neustrom and the LPSO personnel, including
Deputy Bernard, Deputy Riviere, John Doe and Jane Doe, acted reasonably in
addressing Plaintiff’s medical needs and are entitled to qualified immunity. They
assert that as a result of UHC’s March 18, 2015 recommendation that Plaintiff be
seen in one week after his jaw was fractured, Defendants’ submitted an “urgent”
consult form to LSU Health Systems stating “needs f/u ASAP” the next day. R. 8,
LPSO Medical Records. They further assert that despite the LPSO’s “urgent” consult
request, UHC failed to follow its own recommendations and scheduled Alexander’s
initial follow-up 27 days after the incident. Id. As to the 24-day delay for his postsurgery adjustment, Defendants again blame UHC’s scheduling. In support of their
position that their failure to take any action to assure that Plaintiff was seen within
“one week” in both instances did not constitute deliberate indifference, Defendants
argue that they had “no authority or control over UHC’s scheduling department.”3
3
Contrary to Defendants’ position that they had no authority or control over UHC’s
scheduling, the record provides that after Plaintiff’s unexplained missed appointment and
LPSO’s confusion as to appointments in July 2015, the “nurse requested that LPSO be provided
17
A cause of action for deliberate indifference to a prisoner’s medical needs may
be maintained if there is a delay in access to medical care that results in substantial
harm. Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir.1993). Here, the undisputed
facts establish that Defendants knew that a substantial risk of serious harm could
occur if Plaintiff was not examined by an ENT specialist within one week, i.e.
Defendants’ own “urgent” consult form. Yet, they failed to take any action what-soever, instead putting the blame on UHC’s scheduling department.4 Defendants’ failure
to assure that Plaintiff received medical treatment within the prescribed time period
led to substantial harm, causing Plaintiff to undergo surgeries with extended and
painful recoveries as well as jaw damage.
Plaintiff further alleges that Sheriff Neustrom failed to properly train and
supervise Defendants and failed to provide adequate policies and procedural recourse
to provide proper, timely and adequate medical attention to Plaintiff. In particular,
Plaintiff alleges Sheriff Neustrom’s policy of obtaining medical information,
implementing medical instructions regarding injured detainees and following and
fulfilling prescribed treatment was inadequate.
In the absence of direct personal participation by a supervisory official in an
alleged constitutional violation, an inmate plaintiff must allege that the deprivation
with all follow-up recommendations to ensure that the LPCC clinician could review the request
and the Department of Corrections could expedite approval for the appointment.” R. 8-2, p. 15.
4
At the motion hearing, Plaintiff argued that UHC contends the errors in scheduling were
Defendants’ responsibility.
18
of his constitutional rights has occurred as a result of the implementation of the
sheriff's affirmative wrongful policies by his subordinates or where the sheriff
wrongfully breaches an affirmative duty specially imposed upon him by state law.
Lozano v. Smith, 718 F.2d 756, 768 (5th Cir.1983). A causal connection may be
established, for section 1983 purposes, where the constitutional deprivation and
practices occur as a result of the implementation of the sheriff’s affirmative wrongful
policies by his subordinates, or where the sheriff wrongfully breaches an affirmative
duty specially imposed upon him by state law, and as a result thereof, the complained
of constitutional tort occurs. Id.
Defendants’ actions of knowingly failing to assure that Plaintiff was timely
examined by an ENT specialist after his jaw fracture and after the surgery, both of
which caused Plaintiff to suffer substantial harm, creates a material issue as to
whether Defendants’ actions or inactions resulted from the Sheriff’s wrongful failure
to train his deputies in adequate medical care, supervise his facilities and personnel
and/or discharge his supervisory duties over the jail and his officers, or that it was the
result of an affirmative practice, custom, or policy instituted by the Sheriff.
IV. Conclusion
On the present record, the Court finds there is a genuine dispute of material
facts related to the elements of deliberate indifference and objective reasonableness
as to Defendants’ failure to protect and provide adequate medical care, including
Plaintiff’s supervisory-liability claim against Sheriff Neustrum. Plaintiff has therefore
19
negated Defendants’ affirmative defense of qualified immunity at this summaryjudgment stage. Accordingly, the Court will deny Defendants’ Motion For Summary
Judgment as to qualified immunity.
Thus done and signed this 6th day of September, 2016 at Lafayette, Louisiana.
20
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?