Jackson v. Johnson
| Citation | 118 F.Supp.2d 278 |
| Decision Date | 13 September 2000 |
| Docket Number | No. 1:97-CV-613.,1:97-CV-613. |
| Parties | Terrisina JACKSON; and Kateenya Thomas, As Guardian of Her Minor Lee Jackson, Plaintiffs, v. John A. JOHNSON, Commissioner of the New York State Division for Youth; Stephen Farkas, Director of the Louis Gossett, Jr. Residential Center; Clarence Thomas, Youth Detention Aide at the Louis Gossett Jr. Residential Center; Jon Lackey, Youth Detention Aide at the Louis Gossett Jr. Residential Center; Gary Wood, Youth Detention Aide at the Louis Gossett Jr. Residential Center; Eric Warner, Youth Detention Aide at the Louis Gossett, Jr. Residential Center; William Saphara, Youth Detention Aide at the Louis Gossett, Jr. Residential Center; Lilia Johnson, Nurse at the Louis Gossett Jr. Residential Center; and Shelly Aubertine, Youth Division Counselor at the Louis Gossett, Jr. Residential Center, Defendants. |
| Court | United States District Courts. 2nd Circuit. United States District Court of Northern District of New York |
Koob & Magoolaghan, New York City (Joan Magoolaghan, Elizabeth L. Koob, of counsel), for Plaintiffs.
Davidson & O'Mara, P.C., Elmira, NY (Donald S. Thomson, of counsel), for Defendant John Johnson.
Hon. Eliot Spitzer, Attorney General of the State of New York, Department of Law, Albany, NY (Senta B. Suida, Asst. Attorney General, of counsel), for Defendant Stephen Farkas.
Harris, Beach & Wilcox, LLP, Ithaca, NY (Edward C. Hooks, of counsel), for Defendant Clarence Thomas.
Lopinto, Schlather, Solomon & Salk, Ithaca, NY (Raymond M. Schlather, of counsel), for Defendants Jon Lackey and Gary Wood.
Chernin & Gold, LLP, Binghamton, NY (John P. Rittinger, of counsel), for Defendants William Saphara and Eric Warner.
Young & Paniccia, Binghamton, AL (Alfred Paniccia, Jr. of counsel), for Defendant Lilia Johnson.
Chamberlain & Kaufman, Albany, NY (Alan S. Kaufman, of Counsel), for Defendant Shelly Aubertine.
On April 28, 1997, the plaintiffs commenced the instant action pursuant to 42 U.S.C. § 1983, alleging that the defendants violated their constitutional rights under the Fourth, Fifth, Eighth, and Fourteenth Amendments.1 The plaintiffs have also asserted various related state law claims. The defendants moved separately for summary judgment, pursuant to Fed.R.Civ.P. 56.2 Plaintiffs oppose.3 Oral argument was heard on June 9, 2000 in Utica, New York. Decision was reserved.
The following facts are viewed in a light most favorable to the nonmovant plaintiffs. On March 18, 1996, plaintiff Lee Jackson ("Jackson" or "plaintiff'), then fourteen years old, was adjudicated a juvenile delinquent and, by order of the Family Court, was placed in the custody of the New York State Division for Youth ("DFY") for up to one year.5 Jackson was originally placed in the Oatka Residential Center ("Oatka"), located in Industry, New York, which is near Rochester. After a physical altercation occurred between Jackson and Youth Detention Aides ("YDA") at Oatka, Jackson was transferred to the Louis Gossett, Jr. Residential Center ("Gossett"), which is located near Oswego in Lansing, New York, on May 31, 1996. The officers who transported Jackson told the Intake Officer at Gossett, Brian Sweet, that Jackson assaulted an older staff member and had assaultive propensities. Gossett staff members were then informed of this via entries made in the facility's main log. Jackson cooperated with all intake procedures and was taken to Unit 8.
On the morning of June 1, 1996, Jackson's first day at Gossett, defendants Clarence Thomas ("YDA Thomas") and Jon Lackey ("YDA Lackey") were assigned to Unit 8. At approximately 8:00 a.m., Jackson went to the bathroom. As he exited, he was approached by YDA Thomas, who directed him to go to the juncture office.6 Apparently, as a new resident, Jackson was not supposed to go anywhere in the facility unless he was accompanied by a YDA. In the juncture office, YDA Thomas, who stands 5' 11" and weighs approximately 220 pounds, verbally confronted Jackson, who is approximately 5' 5" and 145 pounds, while YDA Lackey stood at the door. YDA Thomas pushed Jackson backward, forcing Jackson into a chair. At some point thereafter, YDA Thomas initiated a physical restraint technique ("PRT") on Jackson.7 YDA Lackey, who is 5' 11" and approximately 250 pounds, assisted by taking the secondary position.
YDA Thomas and YDA Lackey continued to apply the PRT for approximately ten minutes before the Youth Division Counselor and Officer of the Day, defendant Shelly Aubertine ("YDC Aubertine"), arrived at the scene. Jackson had initially resisted, but by the time YDC Aubertine arrived, he had become unresponsive. Jackson was clammy, gasping for breath, and salivating. At some point during this restraint, YDA Lackey assumed the primary position and defendant YDA Gary Wood ("YDA Wood") assumed the secondary position. The YDA's continued to apply the PRT under YDC Aubertine's supervision for another twenty minutes until Jackson was rendered unconscious. Thus, Jackson had been restrained for approximately thirty minutes. The facility's nurse, defendant Lilia Johnson ("Nurse Johnson"), was summoned to the scene. While waiting for the nurse to arrive, no attempts were made to revive Jackson.
Jackson was still being restrained when Nurse Johnson arrived at the juncture office. She observed that Jackson was "limp with his head erect and his eyes half open." (Lilia Johnson Dep. at 111-12.) She administered smelling salts, took Jackson's pulse, and evaluated his pupillary response by turning the flourescent lights off and on. She also applied hot and cold towels to his stomach. When Jackson failed to come out of a semiconscious state, Nurse Johnson directed that he be placed in a shower. YDA Thomas and YDA Lackey placed Jackson in a shower, after which he was brought to his room to change into dry clothes before being taken to the medical unit. When Jackson was unable to change his own clothing, YDA Thomas and YDA Lackey changed his shirt, leaving him in his wet pants. They then carried Jackson by his arms and legs to the medical unit for a post restraint evaluation by Nurse Johnson and an administrative review by YDC Aubertine.
YDC Aubertine asked a series of standard open-ended questions designed to evaluate Jackson's level of consciousness. The following questions and answers were exchanged during the course of YDC Aubertine's review:
Q. Why were you restrained (and/or placed in mechanical restraints, if applicable)?
A. "No"
Q. How were you restrained (and/or placed in mechanical restraints, if applicable)?
A. "No"
Q. Who were the staff involved?
A. "No"
Q. Where did it happen?
A. "No"
Q. Who saw it?
A. "No"
After YDC Aubertine completed her evaluation, Jackson was escorted to a counter to sign post restraint forms. He was then brought back to a room to be evaluated by Nurse Johnson. When asked by Nurse Johnson, "Do you have any injuries or pain?," Jackson responded, "I can see you." (Pls.' Ex. 8b.) Jackson did not respond when Nurse Johnson asked him how he got his injuries. According to Nurse Johnson, Jackson performed some physical exercises slowly but satisfactorily. After her examination, Nurse Johnson cleared Jackson to be released back into the program.
Approximately one hour later, after being released from the medical unit, Jackson was taken to the cafeteria. One of Gossett's YDA's, Dwayne Robinson, stated that Jackson (Pls.' Ex. 164 at 2.) Some Gossett residents described Jackson as dazed and disheveled, weak, dizzy, and uncoordinated. (See Pls.' Summ. J. Exs. 48-52.) When Jackson attempted to secure a tray in the cafeteria, some of the trays fell to the ground.8 As a result of this, YDA Wood escorted Jackson to the Spiritual Room and shouted at him. Jackson was then brought back to the cafeteria to eat breakfast.
When Jackson indicated that he was finished eating, he moved his entire tray toward the garbage can near the table. YDA Wood told Jackson not to throw away his plastic plates and utensils. However Jackson again moved the entire tray toward the garbage can, whereupon YDA Wood proceeded to place him in a PRT, assisted by YDA Lackey. YDA Wood and YDA Lackey, as well as defendants Eric Warner ("YDA Warner") and William Saphara ("YDA Saphara") alternated positions at various times during the second PRT.
Jackson did not resist the second restraint and initially stated that he was sorry. When YDC Aubertine arrived at the scene this time, Jackson was screaming that he could not breathe and had regurgitated some of the cereal that he had eaten for breakfast. Jackson stopped responding and went limp after approximately ten minutes. However, YDA Lackey believed that Jackson was feigning and therefore, this second PRT was not terminated for approximately twenty more minutes.
When the PRT was terminated, YDA Wood went to the medical unit to obtain smelling salts. Smelling salts were administered twice; Jackson did not respond either time. Cardiopulmonary Resuscitation ("CPR") was commenced after Emergency Medical Technicians arrived with an ambulance. Jackson was taken to Cayuga Medical Center where he remained comatose for approximately two months. Jackson now suffers from serious and permanent physical and mental injuries.
Plaintiffs have asserted nine causes of action. The FIRST cause of action alleges 1) excessive force under the Eighth and Fourteenth Amendments and deliberate indifference to life and safety against YDA Thomas, YDA Lackey, and YDA Wood, 2) failure to intervene and deliberate indifference to life and safety against YDA Warner, YDA Saphara, and YDC Aubertine, and 3) failure to train and supervise and deliberate indifference to life and safety...
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