Mahomes-Vinson v. US

Citation751 F. Supp. 913
Decision Date04 October 1990
Docket NumberCiv. A. No. 88-2357-0.
PartiesPamela Denise MAHOMES-VINSON, Plaintiff, v. UNITED STATES of America, et al., Defendants.
CourtU.S. District Court — District of Kansas

COPYRIGHT MATERIAL OMITTED

Eugene B. Ralston, Ralston, Buck, Hayden & Diehl, Pedro Irigonegaray, Irigonegaray, Eye & Florez, Topeka, Kan., for plaintiff.

Benjamin L. Burgess, Jr., U.S. Atty., Janice Miller Karlin, Asst. U.S. Atty., Kansas City, Kan., for defendants.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter comes before the court on defendants' motion for summary judgment. The government's summary judgment motion raises the five following issues: (1) whether the complaint filed by Pamela Denise Mahomes-Vinson (hereinafter "Mahomes-Vinson") states a claim for the negligent release of Nolan Prewett (hereinafter "Prewett"); (2) whether plaintiff's complaint states a claim for defendants' alleged failure to control Prewett; (3) whether a plaintiff may recover in excess of $250,000 in a medical malpractice case for "noneconomic loss" and in excess of $1,000,000 in total loss; (4) whether a plaintiff may recover in excess of $100,000 for the wrongful death of her children; and (5) whether the Veterans Administration (hereinafter "VA") or the Veterans Administration Medical Center (hereinafter "VAMC") are suable entities. For the reasons stated below, we will grant defendants' summary judgment motion in part.

I. STATEMENT OF FACTS

Throughout the 1970's and early to mid 1980's, Prewett received both inpatient and outpatient treatment at VA medical centers in Arkansas, Oklahoma, Kansas, and Washington, D.C. During the course of his treatment, Prewett incessantly exhibited violent and sexually deviant behavior. He repeatedly attacked patients as well as members of his family. His medical records indicate that he attempted to commit suicide on several occasions, repeatedly threatened to kill people, and "inappropriately touched" patients and staff members.

Prewett frequently destroyed hospital furniture and stole property. Guns or knives were occasionally found in Prewett's possession. He also displayed recurring cruelty to pets. Prewett's former landlord, Alex Waszczyse (hereinafter "Waszczyse"), informed the VA in November of 1977 that he received several complaints from young girls in the neighborhood that his tenant had molested them. Waszczyse also reported that Prewett engaged in bizarre sexual behavior and exhibitionism. This information was again recorded in a neuropsychological evaluation conducted by the VA six months later. A medical report from Larned State Hospital describes Prewett's kidnapping of a woman in November of 1980. The report states that Prewett brandished a badge as well as a toy handgun when he identified himself as a police officer, forced himself into the victim's apartment, and said he was going to arrest her because there was a body at the base of her stairs. The report adds:

She ran into the bathroom but Prewett kicked the door open and threw her to the floor. He broke a drinking glass and held it against her throat in a threatening manner, saying, "If you're not afraid of guns, maybe you're afraid of broken glass." He then gagged her, took her to another apartment and handcuffed her to a bed ... When she complained of being cold he told her he would go downstairs and chop up a table for firewood. Afraid of what he might do with an axe, she persuaded him to go for some cigarettes instead. When he left she was able to work herself loose and escape.

On November 7, 1980, Prewett was charged with aggravated burglary, aggravated assault, kidnapping, false impersonation, and criminal damage to property. He was admitted to Larned State Security Hospital (hereinafter "Larned") on December 24, 1980, to determine his competency to stand trial.

A Larned progress report dated March 18, 1981, notes that Prewett said he was a "baby raper" and "liked to fuck." A release summary, written in the same month at Larned, states that physical restraints were "very often" used on Prewett to prevent self-injury, harm to others, and property destruction. Dr. Kim-Giam Huynh, a physician at Larned, reported several months later that Prewett "is mentally ill, still in partial remission, and still can experience acute exacerbation with resulting dangerous behavior to himself or others." These records from Larned were available to Dr. John Cokley, the supervising physician who was ultimately responsible for discharging Prewett at the VAMC in Topeka, Kansas, but Dr. Cokley failed to read them.

On June 31, 1981, the District Court of Pawnee County, Kansas, adjudged Prewett a mentally ill person and ordered that "he should be forwarded to the Topeka State Hospital ... for treatment unless the Veterans Administration Hospital in Topeka ... consents to the acceptance of said patient." Prewett was transferred from Larned to Topeka State Hospital (hereinafter "Topeka State") on July 13, 1981. Venue was therefore changed from Pawnee County to Shawnee County, Kansas. Prewett was admitted to the Topeka VAMC on July 30, 1981. The Probate Division of the Kansas District Court in Pawnee County ordered a ninety-day review hearing to be held on September 24, 1981. On September 1, 1981, Topeka State filed a written notice to the court of "Change of Status." The notice indicated that Prewett had been discharged "To VA Hospital (where patient signed Vol.)."

Prewett was treated as an inpatient at the Topeka VAMC from July 30 to October 5, 1981. During the next five years, he visited the VAMC every two weeks for outpatient treatment. Prewett obtained medication and was evaluated by a health care professional at the time of his visits. He was cooperative in obtaining outpatient treatment and became a well-known psychiatric patient to the VAMC staff. Prewett also received inpatient treatment at the VA medical center in March of 1984, October and November of 1984, May of 1986, and July of 1986.

On July 19, 1986, eight days after he was discharged from the VAMC, Prewett raped, sodomized, and killed three-year-old Shavon Mahomes and six-year-old Shannon Mahomes. The bodies of the Mahomes girls were recovered the next day. That same day Prewett was charged with the crimes of rape, sodomy, and murder. On October 27, 1987, Prewett was convicted of these crimes. He is presently serving concurrent life sentences at Larned.

VA medical records indicate that Prewett's wife, Barbara, who was receiving treatment for mental illness at another hospital, stated on July 7, 1986, less than two weeks before the murders, that "her husband had fantasies about little girls." Dr. Cokley heard his patient spontaneously say, "I need to stay away from little girls." One month before his July 1986 discharge, Prewett experienced nightmares of combat scenes and seeing people being killed. Exactly one month before the murders, Prewett expressed a desire to purchase a shotgun for hunting. Dr. Thomas Scasz, a psychiatrist, opines that Prewett should have been involuntarily committed in July of 1986. Dr. Scasz also states that Shannon and Shavon Mahomes, as children in Prewett's neighborhood, were identifiable as potential targets at the time of his discharge on July 11, 1986.

II. SUMMARY JUDGMENT STANDARDS

In considering a motion for summary judgment, the court must examine all the evidence in a light most favorable to the nonmoving party. Barber v. General Elec. Co., 648 F.2d 1272, 1276 n. 1 (10th Cir. 1981). A moving party who bears the burden of proof at trial is entitled to summary judgment only when the evidence indicates that no genuine issue of material fact exists. Fed.R.Civ.P. 56(c); Maughan v. SW Servicing, Inc., 758 F.2d 1381, 1387 (10th Cir.1985). If the moving party does not bear the burden of proof, he must show "that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). This burden is met when the moving party identifies those portions of the record which demonstrate the absence of material fact. Id. at 323, 106 S.Ct. at 2552.

Once the moving party meets these requirements, the burden shifts to the party resisting the motion, who "must set forth specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986) (emphasis added). It is not enough for the party opposing a properly supported motion for summary judgment to "rest on mere allegations of denials of his pleading." Id. Genuine factual issues must exist that "can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Id. at 250, 106 S.Ct. at 2511.

III. LIABILITY UNDER THE FEDERAL TORT CLAIMS ACT

The Federal Tort Claims Act (hereinafter "FTCA") is a limited waiver of sovereign immunity by the United States government which, with exceptions, provides a remedy in tort for persons injured by the negligence of government agents acting in the course and scope of their official duties. 28 U.S.C. § 2680. The FTCA directs that the law of the state in which the act or omission resulting in injury occurred be used to determine whether there is liability on the facts of the particular case. 28 U.S.C. § 1346(b). We will therefore apply the law of Kansas in ascertaining whether the defendants owed plaintiff a duty.

IV. COMMITMENT OF PREWETT TO THE VA

Plaintiff asserts that Prewett's commitment status from July 31, 1981, until just days before the murders in 1986 must be considered involuntary because of an order entered by the District Court of Pawnee County, Kansas on June 30, 1981. On that date, the district court adjudged Prewett a mentally ill person and ordered that "he should be forwarded to the Topeka State Hospital ... for treatment unless the Veterans Administration Hospital in Topeka ... consents to the acceptance of said...

To continue reading

Request your trial
12 cases
  • Allen v. Board of Com'rs of County of Wyandotte, Civ. A. No. 90-2059-O.
    • United States
    • U.S. District Court — District of Kansas
    • 2 Agosto 1991
    ...most favorable to the nonmoving party. Barber v. General Elec. Co., 648 F.2d 1272, 1276 n. 1 (10th Cir. 1981); Mahomes-Vinson v. United States, 751 F.Supp. 913, 916 (D.Kan.1990). A moving party who bears the burden of proof at trial is entitled to summary judgment only when the evidence ind......
  • Westchester Fire Ins. Co. v. City of Pittsburg, Kan.
    • United States
    • U.S. District Court — District of Kansas
    • 25 Junio 1991
    ...most favorable to the nonmoving party. Barber v. General Elec. Co., 648 F.2d 1272, 1276 n. 1 (10th Cir. 1981); Mahomes-Vinson v. United States, 751 F.Supp. 913, 916 (D.Kan.1990). A moving party who bears the burden of proof at trial is entitled to summary judgment only when the evidence ind......
  • Taggart v. State
    • United States
    • United States State Supreme Court of Washington
    • 9 Enero 1992
    ...211, 723 P.2d 755 (1986); Division of Corrections v. Neakok, 721 P.2d 1121 (Alaska 1986). Another recent case, Mahomes-Vinson v. United States, 751 F.Supp. 913 (D.Kan.1990) also illustrates that absolute control over an individual is unnecessary to establish a legal duty. In Mahomes-Vinson,......
  • Adams v. Board of Sedgwick County Com'Rs
    • United States
    • United States State Supreme Court of Kansas
    • 4 Septiembre 2009
    ...the decision in Hokansen, the Boulanger court considered the federal district court decision that is relied on by Katherine and Alexandra, Mahomes-Vinson, 751 F.Supp. 913, in making their argument that a duty arose under Restatement § 315. The case does not support their statutory duty argu......
  • Request a trial to view additional results
1 books & journal articles
  • Sequencing in Damages.
    • United States
    • Stanford Law Review Vol. 74 No. 2, February 2022
    • 1 Febrero 2022
    ...P.3d 902, 915-16 (Colo. App. 2016); Hall v. Brookshire Bros., 848 So. 2d 559, 570-71 (La. 2003); and Mahomes-Vinson v. United States, 751 F. Supp. 913, 924-25 (D. Kan. 1990). We are only aware of one case in which damage caps were applied first, Gilman v. Beverly California Corp., 231 Cal. ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT