Presley v. City of Blackshear

• Decision Date: 31 December 2008
• Docket Number: Civil Action No. CV507-094.
• Citation: 650 F.Supp.2d 1307
• Parties: Brenda PRESLEY, Individually, and as the Administratrix of the Estate of Antonio Presley, decedent, Plaintiff, v. CITY OF BLACKSHEAR, Blackshear Police Department, Former Chief of Police James Mock, Individually and in his Official Capacity as the former Chief of Police of the City of Blackshear, Lt. George Smiley, Individually and in his Official Capacity for the Blackshear Police Department, Officer Gregory K. Evans, Individually and in his Official Capacity for the Blackshear Police Department, Officer Christopher W. Carter, Individually and in his Official Capacity for the Blackshear Police Department, Pierce County, Pierce County Sheriff's Department, Sheriff Richard King, Individually and in his Official Capacity as Sheriff of Pierce County Sheriff's Department, Det. John Ramsey Bennett, Individually and in his Official Capacity for the Pierce County Sheriff's Department, Raymond Lee Hunt, Individually and in his Official Capacity for the Pierce County Jail, Pierce County Sheriff's Department, Daphne G. Van, Individually and in her Official Capacity for the Pierce County Jail, Pierce County Sheriffs Department, Pierce County Emergency Medical Services, Director Kenneth L. Justice of the Pierce County Emergency Medical Department, Individually and in his Official Capacity as the Director of the of the Pierce County Emergency Medical Services, Paramedic David Farrior, Individually and in his Official Capacity for the Pierce County Emergency Medical Services, Paramedic Alfred Kent Davis, Individually and in his Official Capacity for the Pierce County Emergency Medical Services, EMT-Intermediate Lorne Andreae, Individually and in her Official Capacity for the Pierce County Emergency Medical Services, John Does 1-10, Individually and in the Official Capacities for City of Blackshear, Blackshear Police Department, Pierce County, Pierce County Sheriff's Department, Pierce County Emergency Medical Services, Defendants.
• Court: U.S. District Court — Southern District of Georgia

650 F.Supp.2d 1307

Brenda PRESLEY, Individually, and as the Administratrix of the Estate of Antonio Presley, decedent, Plaintiff, v. CITY OF BLACKSHEAR, Blackshear Police Department, Former Chief of Police James Mock, Individually and in his Official Capacity as the former Chief of Police of the City of Blackshear, Lt. George Smiley, Individually and in his Official Capacity for the Blackshear Police Department, Officer Gregory K. Evans, Individually and in his Official Capacity for the Blackshear Police Department, Officer Christopher W. Carter, Individually and in his Official Capacity for the Blackshear Police Department, Pierce County, Pierce County Sheriff's Department, Sheriff Richard King, Individually and in his Official Capacity as Sheriff of Pierce County Sheriff's Department, Det. John Ramsey Bennett, Individually and in his Official Capacity for the Pierce County Sheriff's Department, Raymond Lee Hunt, Individually and in his Official Capacity for the Pierce County Jail, Pierce County Sheriff's Department, Daphne G. Van, Individually and in her Official Capacity for the Pierce County Jail, Pierce County Sheriffs Department, Pierce County Emergency Medical Services, Director Kenneth L. Justice of the Pierce County Emergency Medical Department, Individually and in his Official Capacity as the Director of the of the Pierce County Emergency Medical Services, Paramedic David Farrior, Individually and in his Official Capacity for the Pierce County Emergency Medical Services, Paramedic Alfred Kent Davis, Individually and in his Official Capacity for the Pierce County Emergency Medical Services, EMT-Intermediate Lorne Andreae, Individually and in her Official Capacity for the Pierce County Emergency Medical Services, John Does 1-10, Individually and in the Official Capacities for City of Blackshear, Blackshear Police Department, Pierce County, Pierce County Sheriff's Department, Pierce County Emergency Medical Services, Defendants.

Civil Action No. CV507-094.

United States District Court, S.D. Georgia, Waycross Division.

December 31, 2008.

Clyde W. Royals, Law Office of Clyde W. Royals, Douglas, GA, for Plaintiff.

Richard K. Strickland, Terry L. Readdick, Paul Michael Scott, Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, LLP, Brunswick, GA, for Defendants.

ORDER

LISA G. WOOD, District Judge.

Plaintiff Brenda Presley, individually and as the Administratrix of the Estate of Antonio Presley, Decedent, filed the above-captioned case against Defendants, asserting claims for denial of essential medical care, under 42 U.S.C. § 1983, and state-law claims for medical malpractice and negligence.

Presently before the Court is Defendants' motion for summary judgment. For the reasons set forth below, Defendants' motion will be GRANTED.

BACKGROUND

I. The Parties

Plaintiff is a resident of Blackshear in Pierce County Georgia. She is the Decedent's mother and the administratrix of Decedent's estate.

Defendant City of Blackshear is a political subdivision of the State of Georgia located in Pierce County, Georgia. Defendant Blackshear Police Department is an entity of the City of Blackshear. Defendant James Mock was at all times relevant to this case the Chief of Police for the City of Blackshear. Defendant George Smiley was at all times relevant to this case a Lieutenant with the Blackshear Police Department and was the head of the Department's Patrol and Training Division. Defendants Gregory Evans and Christopher Carter were at all times relevant to this case police officers with the Blackshear Police Department.

Defendant Pierce County is a political subdivision of the State of Georgia. Defendant Pierce County Sheriff's Department is an entity of Pierce County. Defendant Richard King was at all times relevant to this case the Sheriff of Pierce County. Defendant John Ramsey Bennett was at all times relevant to this case an employee of Sheriff King.¹ Defendants Raymond Lee Hunt and Daphne G. Van were at all times relevant to this case jailers at the Pierce County jail.

Defendant Pierce County Emergency Medical Services ("Pierce County EMS") is a recognized legal entity located in Pierce County, Georgia. Defendant Kenneth L. Justice was at all times relevant to this case the department head in charge of Pierce County EMS.² Defendants David Farrior and Alfred Kent Davis were at all times relevant to this case paramedics with Pierce County EMS. Defendant Lorne Andreae was at all times relevant to this case either a paramedic or an emergency medical technician with Pierce County EMS.³

Defendants John Does 1-10 were at all times relevant to this case employed by the City of Blackshear, the Blackshear Police Department, Pierce County, the Pierce County Sheriffs Department, or Pierce County EMS.

II. Decedent's Detention and Death

The evidence shows that, on November 30, 2005, Decedent was stopped by Defendant Evans, an officer with the Blackshear Police Department, as he walked down Youmans Street in Blackshear, Georgia. Defendants' Statement of Undisputed Material Facts ¶¶ 3, 5. According to Officer Evans, he initially stopped Decedent to investigate a warrant which he believed to be still active, related to a prior Georgia Bureau of Investigation drug roundup. Id. ¶ 6. However, Defendants admit that, at the time of the stop—and, according to Defendants, unbeknownst to Officer Evans—there was no arrest warrant pending for Decedent. Answer by City of Blackshear Defendants ¶ 16.

According to Officer Evans, upon exiting his patrol car to speak with Decedent, Decedent began to run. Defendants' Statement of Facts ¶ 8. When Decedent started to run, Officer Evans grabbed him by the shirt to prevent his flight. A struggle then ensued between Decedent and Officer Evans. Id. In his incident report, Officer Evans states that, during this struggle, he observed Decedent "trying to hide and discard something" and that Decedent "kept his hands in front of him at his waist" and "appeared to be taking something out of the waist area of his pants." Gregory K. Evans Incident Report at 1, Exhibit "A" to Defendants' Motion for Summary Judgment. Officer Evans' report also indicates that, after an empty orange pill bottle dropped from Decedent's front waist, Decedent "placed his left hand up to his mouth approximately three times." Id. Officer Evans admits that, based on his observations, it appeared to him as though Decedent had swallowed something, and that it was probably some sort of drugs. Answer by City of Blackshear Defendants ¶ 18. However, Evans testified in his deposition that he did not observe Decedent actually putting anything into his mouth. Gregory Evans Dep. 26. According to Evans, he asked Decedent several times if he had swallowed anything, and Decedent repeatedly denied that he had. Evans Dep. 18, 20, 25.

Defendant Carter, another officer with the Blackshear Police Department, and Defendant Bennett, of the Pierce County Sheriffs Office, both arrived at the location of the stop in order to assist Officer Evans. Complaint ¶ 42; Chris Carter Incident Report at 3, Exhibit "A" to Defendants' Motion for Summary Judgment; Ramsey Bennett Incident Report at 3, Exhibit "B" to Defendants' Motion for Summary Judgment.

Officer Evans informed Carter and Bennett of what had happened, and asked them to assist him in looking for a substance that Decedent had discarded during the struggle. Evans Incident Report at 1. Upon searching the area, Officer Carter found what appeared to be a small block of crack cocaine. Carter Incident Report at 3. Bennett then tested the substance and it tested positive for cocaine. Bennett Incident Report at 3. Ultimately, Officer Evans arrested Decedent and charged him with obstruction of a law enforcement officer and possession of crack cocaine. Defendants' Statement of Facts ¶ 11. Evans proceeded to transport Decedent to the Pierce County Jail. Id. ¶ 12. When Decedent arrived at the jail, he smelled of alcohol and, according to Defendant Hunt—a jailer at the Pierce County Jail— Decedent had "glassy eyes." Complaint ¶ 43; Defendants' Statement of Facts ¶ 47; Raymond Hunt Dep. 19. Decedent was placed in the jail's holding cell by Jailer Hunt. Defendants' Statement of Facts ¶ 48.

Early the next morning, December 1, at approximately 2:00 A.M. while doing rounds in the jail, Defendant Hunt heard another inmate, John Myles, yelling from the holding cell where Decedent was located. Id. ¶ 49. When he went to investigate, Hunt saw Decedent lying on the floor, asleep, with what appeared to Hunt to be drool coming out of the sides of Decedent's mouth. Hunt Dep. 16. Mr. Myles told Hunt that Decedent "had been shaking real badly" and had "hit his head on the floor." Id. 17. Because Decedent was unresponsive, Hunt told a fellow jail employee to call EMS and Office Evans. Id.

In response to this request, Defendant Farrior, a paramedic with Pierce County EMS, arrived at the jail at 2:12 A.M. Complaint ¶ 46; David Farrior Transport Report at 1, Exhibit "C" to Defendants' Motion for Summary Judgment. Farrior first made contact with Decedent in his cell one minute later, at 2:13 A.M. Transport Report at 1. Although there were two other paramedics on duty at Pierce County EMS that morning, Farrior admits that he responded to the call alone. Farrior Dep. 20. According to Farrior's testimony, Officer Evans, who was in Decedent's cell with Farrior during Farrior's examination, did not tell Farrior of his suspicions that Decedent had ingested cocaine earlier in the evening. Id. at 14. Further, when Farrior asked Decedent whether he had ingested any drugs, Decedent responded that he had not. Id. at 18.

Mr. Myles, Decedent's cell-mate, told Farrior that he had witnessed Decedent "jerk" for approximately two seconds and that Decedent appeared to have "foam" coming from his mouth. Id. at 15-16. According to Farrior, when he asked Decedent whether he remembered this, Decedent responded that he did not. Id....