Becker v. Carbon Cnty.

• Decision Date: 08 April 2016
• Docket Number: CIVIL ACTION NO. 3:15-CV-929
• Citation: 177 F.Supp.3d 841
• Parties: Lawrence F. Becker, III, Administrator of the Estate of Lee M. Flannery, Plaintiff, v. Carbon County, et al., Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

177 F.Supp.3d 841

Lawrence F. Becker, III, Administrator of the Estate of Lee M. Flannery, Plaintiff,

v.Carbon County, et al., Defendants.

CIVIL ACTION NO. 3:15-CV-929

United States District Court, M.D. Pennsylvania.

Signed April 08, 2016

John P. Smarto, Moore, Becker, Smarto & Ciszek, P.C., Greensburg, PA, for Plaintiff.

Gerard J. Geiger, Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, Stroudsburg, PA, Eugene P. Feeney, Weber, Gallagher, Simpson, Stapleton, Fires & Newby LLP, Scranton, PA, Noah E. Katz, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, Scanton, PA, for Defendants.

MEMORANDUM

A. Richard Caputo

, United States District Judge

Presently before me are Defendant Carbon County, Frank Shubeck, Jane Doe # 1, Roberta Metz, Eric Flexer, Shirley Kirchdoerfer, Emily Moyer, Correctional Officer (“C.O.”) Betchel, Christian Castro, Lawrence Moyer, George Hunsicker, and Jacqueline Shubeck's (collectively “Carbon County Defendants” where appropriate) Partial Motion to Dismiss (Doc. 7) and Defendant Cheryl Ayres¹ (“Ayres”) Motion to Dismiss (Doc. 15) Plaintiff's Complaint, as amended.² (Doc. 1) Plaintiff, as administrator of the estate of the decedent, Lee M. Flannery (“Mr. Flannery”), brings this action pursuant to 42 U.S.C. § 1983

and Pennsylvania law. (Doc.1) Plaintiff alleges that while the decedent was incarcerated at Carbon County Correctional Facility, the defendants violated the decedent's Eighth and Fourteenth Amendment rights and did so in a manner demonstrating a reckless and wanton disregard for the rights of the decedent. (Counts I and II) Plaintiff also alleges that the defendants acted in a negligent manner resulting in the death of Mr. Flannery (Count III), and that all defendants are liable under Pennsylvania law survival (Count IV) and wrongful death (Count V) claims pursuant to the Pennsylvania Survival Act, 42 Pa. C.S.A. § 8301 et. seq.

Plaintiff seeks both compensatory and punitive damages. The Carbon County Defendants seek dismissal of Plaintiff's Pennsylvania state law negligence and wrongful death claims against them. Ayres also seeks dismissal of Plaintiff's Section 1983 wrongful death claim against her. The parties have agreed that certain claims should be dismissed as discussed below and therefore, I will grant Defendants' respective motions in part. However, I will deny, in part, the Carbon County Defendants' partial motion for summary judgment because Plaintiff's wrongful death claims cannot be said to be foreclosed as a matter of law.

I. Background

A. Factual and Procedural Background

The following factual background is taken from the Complaint. (Doc. 1.) The Complaint states an extensive factual background, but for the limited purpose of the current memorandum, I will only set forth those facts relevant to the current pending motions.

On May 14, 2013, Lee M. Flannery was a passenger in a vehicle subjected to a traffic stop. (Complaint , Doc. 1 “Compl. ”, ¶ 24.) At the time of the stop, there was an active warrant for Mr. Flannery stemming from a prior conviction. (Compl. , ¶ 25.) The Pennsylvania State Police (“PSP”) took Mr. Flannery into custody and transported him to the PSP barracks at Fern Ridge. (Id. ) On May 15, 2013, a search warrant was executed at the home where Mr. Flannery was staying and, as a result, Mr. Flannrey was charged with possession with intent to deliver heroin, possession of heroin, and possession of drug paraphernalia. (Id. at ¶¶ 26-28.) Mr. Flannery was then transported from Monroe County Prison to Carbon County Correctional Facility (“CCCF”). (Id. at ¶ 29.)

At the time Mr. Flannery was booked at CCCF, CCCF was aware of the drug charges filed against him. (Id. at ¶ 30.) From the time Mr. Flannery was lodged at CCCF, the prison officials were aware that Mr. Flannery suffered from opiate addiction. (Id. at ¶ 35.) Mr. Flannery was withdrawing from heroin at the time he was booked and was “dope sick.” (Id. at ¶ 30.) At approximately 8:15 p.m on May 15, 2013, Mr. Flannery was screened and assessed by Sergeant Ryan Long who noted that Mr. Flannery had admitted drug use and that Mr. Flannery was “crying” and “rambling.” (Id. at ¶¶ 32-34.) Long deemed Mr. Flannery a suicide risk and he was placed on suicide watch. (Id. at ¶ 34; ¶ 81.) Mr. Flannery was placed in a cell at “booking”; “booking” consists of a limited amount of jail cells wherein inmates can be easily observed. (Id. at ¶ 80.) While on suicide watch, Mr. Flannery was apparently observed by officers every fifteen (15) minutes. (Id. at ¶ 81.) Immediately upon incarceration, Mr. Flannery began vomiting. (Id. at ¶ 35.)

On May 16, 2013, Mr. Flannery was seen by a nurse, Jane Doe # 1, who noted that she was “made aware by booking [correctional officer] that inmate Flannery had vomited several times,” and wrote that Mr. Flannery stated he was not honest during his initial medical exam, that he was “withdrawing from Percocet

”, and noted that an “opiate withdrawal program had begun.” (Id. at ¶¶ 60-61.) However, no records indicate exactly when the protocol was provided to Mr. Flannery. (Id. at ¶ 38.) Jane Doe # 1 also recorded that Mr. Flannery was given “Elimite Lotion” for scabies per a doctor's orders but no CCCF records document that Mr. Flannery was seen by a doctor at any time. (Id. at ¶ 62.) The May 16, 2013 records also indicate that Mr. Flannery was “nervous”, “rambling”, and had tachycardia

which demonstrated that he was experiencing drug withdrawal symptoms. (Id. at ¶ 37.) On the morning of May 17, 2013, Mr. Flannery was seen by Cheryl Ayres, a physicians assistant, and he disclosed his use of Percocet to her. (Id. at ¶¶ 56-57.)

At the time Mr. Flannery was incarcerated at CCCF, he was in good physical health other than suffering from heroin and/or opiate addiction and scabies. (Id. at ¶ 51.) However, while at CCCF, Mr. Flannery became symptomatic of heroin withdrawal with the following symptoms among others: profuse vomiting, tremors, chills, shakes, weakness, lethargy, freezing sensation, dizziness, difficulty breathing, and loss of appetite. (Id. at ¶ 55.) It was reported to the coroner by correctional officers and medical personnel that, while incarcerated, Mr Flannery was vomiting at least twice per hour and he could not tolerate food or liquids, was ill to the point of losing consciousness and was unable to walk without aid. (Id. at ¶ 49; ¶ 53.) Mr. Flannery informed correctional officers that he was ill and the symptoms he was experiencing were listed in their incident reports. (Id. at ¶ 54.)

Mr. Flannery's physical condition deteriorated between May 16, 2013 through May 19, 2013 as the effects of fluid loss and lack of nutrition became acute. (Id. at ¶¶ 69-70.) However, the CCCF records do not indicate that Mr. Flannery was ever seen by a doctor and did not see any medical personnel between May 17, 2013 and May 19, 2013. (Id. at ¶ 54; ¶ 122.) Mr. Flannery was pronounced dead on May 19, 2013 at 6:45 am. (Id. at ¶ 120.) He was 26 years old. (Id. at ¶ 148.)

Lawrence F. Becker, III, in his capacity as administrator of the estate of Lee M. Flannery, commenced this action by filing a complaint on May 12, 2015. (Doc. 1) The Complaint alleges that the Defendants were aware of, and were deliberately indifferent to, Mr. Flannery's medical condition between May 15, 2013 and May 19, 2013 in violation of his Eighth and Fourteenth Amendment Rights (Counts I and II), causing Mr. Flannery to suffer hours of unnecessary and excruciating suffering and agony, worsened his condition, and ultimately caused his death. (Id. at ¶¶ 136-143; ¶ 131; ¶ 134.) Plaintiff alleges that the Defendants' conduct was outrageous, wanton, and malicious and in reckless disregard of Mr. Flannery's rights. (Id. at ¶ 150.) The Complaint also alleges Pennsylvania state law claims of negligence (Count III); survival pursuant to 20 Pa. C.S.A. § 3371

and 42 Pa. C.S.A. § 8302 (Count IV); and wrongful death pursuant to 42 Pa. C.S.A. § 8301 (Count V).

On June 17, 2015, the Carbon County Defendants filed a Partial Motion to Dismiss for failure to state a claim (Doc. 7) and a brief in support (Doc. 8). Plaintiff filed a brief in opposition on July 15, 2015. (Doc. 11) On September 15, 2015, Ayres filed a Motion to Dismiss for failure to state a claim (Doc. 15) and a brief in support (Doc. 16). A stipulation to amend the Plaintiff's Complaint was filed on October 7, 2015. (Doc. 18) The Complaint was amended by order dated October 8, 2015. (Doc. 19) Plaintiff did not file a brief in opposition to Ayres's motion but intimated that he would not file an additional brief and would rely on the argument advanced in his brief filed in opposition to the Carbon County Defendants' motion to dismiss.³ Therefore, the motions to dismiss are ripe for disposition.

B. Legal Standards

The Federal Rule of Civil Procedure 12(b)(6)

provides for the dismissal of a complaint, in whole or in part, for failure to state a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). When considering a Rule 12(b)(6) motion, the Court's role is limited to determining if a plaintiff is entitled to offer evidence in support of their claims. See

Semerenko v. Cendant Corp. , 223 F.3d 165, 173 (3d Cir.2000). The Court does not consider whether a plaintiff will ultimately prevail. See

id. A defendant bears the burden of establishing that a plaintiff's complaint fails to state a claim. See

Gould Elecs. v. United States , 220 F.3d 169, 178 (3d Cir.2000).

“A pleading that states a claim for relief must contain...a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2)

. The statement required by Rule 8(a)(2) must “ ‘give the defendant fair notice of what the... claim is and the grounds upon which it rests.’ ” Erickson v. Pardus , 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Detailed factual...