Campbell v. Sikes
| Citation | 169 F.3d 1353 |
| Decision Date | 19 March 1999 |
| Docket Number | No. 98-8265,98-8265 |
| Parties | 12 Fla. L. Weekly Fed. C 618 Kimberly CAMPBELL, Plaintiff-Appellant, v. James SIKES, et al., Defendants-Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (11th Circuit) |
Jonathan A. Zimring, Zimring & Ellin, Kathie G. McClure, McClure & McClure, LLC, Atlanta, GA, for Plaintiff-Appellant.
Thurbert E. Baker, Atty. Gen., Atlanta, GA, for Defendants-Appellees.
Bruce M. Edenfield, Gray, Hedrick & Edenfield, LLP, Atlanta, GA, for James Sikes.
Sharon H. Reeves, Thomas C. Alexander, Jones, Cork & Miller, LLP, Macon, GA, for N. Archer Moore, Ph.D.
Diane Festin LaRoss, Asst. Atty. Gen., Atlanta, GA, for Valarie Ford.
Timothy Bendin, Jon Marigliano, Hall, Booth, Smith & Slover, P.C., Atlanta, GA, for Art Gavin.
Appeal from the United States District Court for the Middle District of Georgia.
Before COX, CARNES and HULL, Circuit Judges.
Plaintiff-Appellant Kimberly Campbell appeals the magistrate judge's grant of summary judgment for Defendants on her medical-treatment and excessive-force claims under 42 U.S.C. § 1983. After review, we affirm.
On May 28, 1991, Plaintiff-Appellant Kimberly Campbell was transferred to the Georgia Women's Correctional Institution ("GWCI") to serve five years of a ten-year sentence for distribution of cocaine and interference with government property. Plaintiff's constitutional claims arise from the medical treatment she received at the GWCI state prison between May 28, 1991, and January 30, 1992.
The day Plaintiff arrived at GWCI, she was seen by physician Grant Carmichael, who noted that Plaintiff had a history of suicidal threats and had taken psychotropic drugs previously at the Cobb County jail. Carmichael referred Plaintiff to the mental health staff for a mental status exam.
That same day, Plaintiff met with mental health counselor Anne Weathers for a mental status exam. Weathers obtained from Plaintiff extensive details about her psychiatric history, including prior medications, hospitalizations, treatments, and symptoms, and she prepared a three-page report summarizing her observations and findings.
Weathers's report first details Plaintiff's own descriptions of her history of alcohol and drug use. Plaintiff admitted using drugs on and off since age thirteen and drinking excessively--as much as a half pint of liquor a day and a quart of beer a day. The report indicates that Plaintiff used marijuana at first, then beer, Valium, and ultimately "cocaine/crack."
Weathers's report then focuses on Plaintiff's psychiatric history. Plaintiff told Weathers that while in school, she received mental health services for "problems with nerves" but no medications. Plaintiff also reported having a "nervous breakdown" at age eighteen, being hospitalized for a month and a half, receiving Valium, and having a seizure. After release from the hospital, Plaintiff received services in a day hospital for several months. She continued to have problems with nerves and panic attacks, and she got Darvon and Valium from friends to help her cope with these problems. Plaintiff related two suicidal incidents to Weathers: at age nineteen, Plaintiff cut her wrist superficially, and at age twenty-two, she took an overdose of lithium in the presence of her husband's son. 2
Weathers's report next turns to Plaintiff's treatment at the Cobb County jail after she was arrested on the cocaine offense. Plaintiff told Weathers that while in the jail, she became anxious, was panicky, heard loud bells ringing in her head, began to sweat, and felt claustrophobic. Plaintiff reported that she was seen by a psychologist and received lithium, Stelazine, Mellaril and Benadryl. According to Plaintiff's account, she received mental health care in the jail because she told jail officials she was thinking of harming herself. Plaintiff reported that the last four days at the jail, she had not received any medications.
Weathers's report states that she contacted the Cobb County jail and confirmed that Plaintiff had received the above medications at the jail and that when she left their facility she was taking Trilafon. The jail also advised that Plaintiff was intoxicated upon admission to the jail, was unstable and began taking off her clothes, and made statements about self injury. The jail placed her on suicidal precaution. Weathers's report relates that the jail officials believed Plaintiff's suicide threats were a "manipulative ploy" because the jail was reducing her medication:
They said that off and on throughout the stay that she did make statements about intent to harm herself, but that it was noted that it appeared to be a manipulative ploy in that they were reducing her medication to stabilize her. They did not consider that she was making a serious suicide threat; however, they did place her on suicide watch on several occasions as a precaution.
Weathers's report also contains Weathers's own observations from interviewing Plaintiff. According to the report, Plaintiff's memory was intact for recent and remote events, and there was no evidence Plaintiff was responding to hallucinations. While denying "delusions and grandiose ideation," Plaintiff reported being anxious, described a fear of being out of control, and requested to see a doctor to be placed on medication "to help her rest." Weathers's report concludes with the following recommendation that Plaintiff be seen by a psychiatrist:
Ms. Campbell reports a history of panic attacks and anxiety related symptoms. She also gives a history of suicidal thoughts and manipulative suicidal acts. At the present time, she denies intent to harm herself and signs of anxiety. As she was taking medication while in the Cobb County jail it is recommended that she be seen by Dr. Sikes to evaluate the need for continuing medication and to make recommendation for treatment.
Dr. James Sikes, a psychiatrist, met with Plaintiff on June 3, 1991. Before the meeting, he reviewed Weathers's report, which he noted specified that Plaintiff had been prescribed psychotropic drugs lithium and Trilafon at the Cobb County jail. Sikes noted, too, that Plaintiff had related a long history of intravenous use of cocaine as well as heavy alcohol consumption. His report states that the intermittent anxiety and psychiatric hospitalizations in Weathers's report appeared to arise from complications with drugs and medication. Moreover, Sikes noted that Plaintiff denied having any schizophrenic episodes, auditory hallucinations, or delusional thoughts.
At the meeting with Plaintiff, Sikes observed Plaintiff's current condition. He found her to be calm and cooperative. He saw no evidence of delusional thought or loosening of associations. After meeting with Plaintiff and reviewing Weathers's report, Sikes directed that Plaintiff's Trilafon be discontinued.
Sikes scheduled a follow-up session with Plaintiff for July 1 in order to observe her behavior once she had been off Trilafon for a few weeks. Sikes's report from that meeting notes the absence of any reported problems up to that point. The report also states that at the interview, Plaintiff told Sikes she had experienced trouble sleeping and "what she consider[ed] as normal adjustment to the prison." Sikes suggested increased activity but reported "no evidence of a schizophrenic illness."
Sikes met with Campbell again on August 12. His reports from that meeting indicate he diagnosed Plaintiff as suffering from polysubstance abuse arising from her prior alcohol and drug abuse. Sikes also noted that Plaintiff was "angry and resentful of being called up to talk about things" and that she would probably "continue to clash with authoritative figures." His thoughts on Plaintiff's condition remained unchanged: "I see no indication of schizophrenia or Bipolar Disorder and will continue to see her as needed should further concerns occur." Sikes found no indications of schizophrenia (a thought disorder) or bipolar disorder (a mood disorder) because Plaintiff showed "no looseness of associations, no evidence of delusional thought"; he explained, "this seems to be a failure to adjust to the conditions of incarceration rather than a presence of a psychiatric illness." Sikes concluded that psychotropic medication should not be prescribed absent a diagnosis of mental illness. According to Sikes's reports, he did not prescribe psychotropic medication because he diagnosed Plaintiff as suffering from polysubstance abuse and not a mental illness.
Sikes and other mental health professionals met with Plaintiff numerous times in the months ahead. Sikes himself saw Plaintiff sixteen times: June 3, July 1, August 12 September 4 or 6, 18, 20, 23, 25, and 30, October 9 and 25, November 1, 8, and 25, December 6, and January 29. In mid-September, when Plaintiff's behavior began to deteriorate, Sikes reported, "It appears that this woman 'acts strangely' to get attention or perhaps to earn additional privileges or perhaps to avoid prosecution for her various disciplinaries." He recommended establishment and enforcement of clear rules in order to aid Plaintiff in learning to respect and obey authority. Sikes was confident of Plaintiff's capability to conform her behavior to institutional rules. He thus explained, "She has a temper as many inmates do but she should be held accountable for whatever rules she breaks." During each meeting with Plaintiff, Sikes continued to find no evidence of a psychiatric illness justifying treatment with medication.
Other members of the mental health staff also met with Campbell and reached similar conclusions. Plaintiff was placed on the caseload of mental health counselor Valarie Ford. Ford met with Plaintiff thirty-four times between August 1991 and January 1992: August 1, September 16, 17, 19, 20, 23, 24, 26, and 27, October 10, 14, 15, 16, 21, 22, 23, 24, 25, 27, 28, and 29, November 4, 6, 13, and 19, December 4, 5, 6, 7,...
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