Anglin v. City of Aspen, Colo.
| Decision Date | 29 February 2008 |
| Docket Number | Civil Action No. 06-cv-01592-EWN-KLM. |
| Citation | 552 F.Supp.2d 1229 |
| Parties | Bronwyn ANGLIN, Plaintiff, v. CITY OF ASPEN, COLORADO, a municipality, Loren Ryerson, Chief of Police, in his official and individual capacity, Aspen Police Officer Melinda Calvano, in her official and individual capacity, Aspen Police Officer Dan Davis, in his official and individual capacity, Pitkin County Commissioners, in their official and individual capacities, Pitkin County Sheriff Robert Braudis, in his official and individual capacity, Pitkin County Deputy Sheriff Walt Geister, in his official and individual capacity, Doctor Chris Martinez, Defendants. |
| Court | U.S. District Court — District of Colorado |
David Arthur Lane, Elisabeth Hunt White, Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiff.
Andrew Joseph Fisher, Marni L. Nathan Kloster, Nathan, Bremer, Dumm & Myers, PC, Eric Michael Ziporin, Senter Goldfarb & Rice, LLC, Denver, CO, Melanie Bailey Lewis, Josh Adam Marks, Berg Hill Greenleaf & Ruscitti, LLP, Boulder, CO, for Defendants.
This is a civil rights case in which Plaintiff Bronwyn Anglin alleges Defendants violated her rights to due process and free speech, as well as her right to be free from unreasonable seizure, by forcibly injecting her with antipsychotic medication while she was in custody at the Pitkin County Jail. This matter is before the court on "Medical Defendants' Joint Motion for Summary Judgment and Brief in Support," filed April 11, 2007. Three other summary judgment motions are currently pending before the court in this case. The instant motion is brought solely by Defendant Chris Martinez, M.D., who authorized Plaintiffs forcible injection.1 Jurisdiction is premised upon the existence of a federal question pursuant to 28 U.S.C. §§ 1331 and 1343.
On the evening of December 11, 2004, Plaintiff, her boyfriend Byron Hawkins, and her four-year-old daughter attended a dinner party at the apartment of Plaintiffs friend, Amber Nespeca. (Br. in Supp. of Mot. for Summ. J. Filed on Behalf of Defs., City of Aspen, Police Chief Loren Ryerson and Officer Dan Davis ], Statement of Undisputed Material Facts [hereinafter "SOF"] ¶ 1 [filed Apr. 11, 2007]; ]2 Kevin Dunkleberg, Ms. Nespeca's boyfriend, also attended the party. (Id.) Over the course of the evening, Plaintiff consumed four to five glasses of wine. During the dinner party, Ms. Nespeca and Mr. Dunkleberg became embroiled in an argument, and Plaintiff witnessed Mr. Dunkleberg hitting Ms. Nespeca. `in an effort to calm the situation, Plaintiff called 9-1-1, and Defendants Aspen Valley Police Officers Melinda Calvano and Ron Fabrocini, as well as Officer Dan Davis were dispatched to the scene. Upon arrival, Ms. Nespeca and Messrs. Dunkleberg and Hawkins all told the police that Ms. Nespeca had actually been the aggressor and that Mr. Dunkleberg had not assaulted her. The police then arrested Ms. Nespeca and took her to Pitkin County Jail. (Id)
In an effort to secure Ms. Nespeca's release, Plaintiff left her daughter in the care of Mr. Hawkins and hitchhiked to the jail. Jail personnel allowed Ms. Nespeca to come to the teller window to give Plaintiff her ATM card and PIN number so that Plaintiff could obtain sufficient funds to bond Ms. Nespeca out of jail. .) Plaintiff left the jail and returned a short time later with the funds. She was then informed that Ms. Nespeca would not be released.
Plaintiff proceed to the jail lobby where she called 9-1-1 from her mobile phone in an attempt to reach a county sheriff who could help her get Ms. Nespeca released from jail. Plaintiff was unsure how to reach a county sheriff at that time of night other than by calling 9-1-1. 3 After being put on hold, Plaintiff hung up and called 9-1-1 a second time. (Aspen Defs.' Br., SOF ¶ 12; admitted in relevant part at PL's Aspen Resp., RSOF ¶ 12.) Again, the dispatcher placed Plaintiff on hold, and, again, Plaintiff hung up and called 9-1-1. (Id.)
Soon thereafter, the 9-1-1 dispatcher called the jail booking room to report that Plaintiff was interfering with her ability to respond to other emergency calls. (Id, SOF ¶ 13; admitted in relevant part at PL's Aspen Resp., RSOF ¶ 13.) Officers Calvano and Davis proceeded to the lobby and shackled and handcuffed Plaintiff without warning. (PL's Med. Resp., SAF ¶ 2; admitted at Martinez's Reply at 3-4.) Officer Davis informed Plaintiff that she was going to be placed in maximum security, which frightened Plaintiff and led her to resist the officers. (Aspen Defs.' Br., SOF ¶ 14; admitted at PL's Aspen Resp., RSOF ¶ 14.) Plaintiff testified that, on the way to the cell, she repeatedly pled for an opportunity to telephone her daughter. (Id., SOF 1115; admitted at PL's Aspen Resp. 1115.) According to Plaintiff, Officer Davis responded by stating he could not allow her to make the phone call because of the "Patriot Act." (Id.)
Plaintiff was placed in a maximum security cell, and her shackles and handcuffs were removed. (Id.) The cell was tiny, and Plaintiff is claustrophobic. (PL's Med. Resp.; id., SAF ¶ 3; admitted at Martinez's Reply at 3-4.) The cell had a small, narrow window that prevented Plaintiff from seeing anyone outside it. (Id.)
For the next ten minutes, Plaintiff pounded on the door of her cell and pleaded loudly for an opportunity to call her daughter. (Aspen Defs.' Br., SOF ¶ 16; admitted at PL's Aspen Resp., RSOF ¶ 15.) Plaintiff testified that, after about ten minutes of shouting and pounding, Officer Davis came to her cell and said, "If you don't shut up, I'll have you sedated." (Id,) Plaintiff testified that she continued periodically shouting and pounding on the cell door. (Id.)
Defendant Officer Calvano testified that she did not know what Plaintiff was yelling, but called it "intrusive to the inmates" and "obstructive" to jail staff. (PL's Med. Resp., SAF ¶ 5; admitted at Martinez's Reply at 3-4.) Defendant Deputy Walt Geister testified that he told Plaintiff that if she continued to pound against the door "we're going to contact the hospital and see about sending the paramedics and having [you] sedated."4 (Id., Ex. 2 at 6 [Geister Dep.].) Further, Deputy Geister testified that he was concerned Plaintiff would injure herself given her pounding and shouting and that he thought Plaintiff needed to be chemically sedated. However, he, understood sedation to be a medical decision that medical authorities would ultimately have to make. (Id.)
Deputy Geister attempted to reach an emergency room doctor but was unable to do so. (Id) Therefore, he had the paramedics paged. (Id.) Deputy Geister testified that the "ER doctor [at Aspen Valley Hospital] is considered to be surrogate for the jail doctor," who could be hard to reach at night and on weekends. (PL's Med. Resp., SAF ¶ 18; admitted at Martinez Reply at 3-4.) Further, Deputy Geister admitted that it was Pitkin County's custom and practice to use the Aspen Valley Hospital as the medical arm of the jail as needed. (Id.) Deputy Geister also testified that when jail personnel thought sedation might be necessary, they had the option of calling either the jail doctor or the emergency room doctor. (Id., Ex. 2 at 13 [Geister Dep.].) Deputy Geister "almost always" called the emergency room doctor. (Id.)
According to Paramedic Coniglio, at approximately 4:16 A.M., he and Paramedic Hutchinson (the "Paramedics") were dispatched to the Pitkin County Jail to evaluate a patient who was purportedly exhibiting an "altered level of consciousness (nontrauma)."5 (Id., Ex. 9 ¶ 2 [Coniglio Decl.].) Plaintiff testified that about ten minutes after her last encounter with Officer Davis, he and Officer Calvano appeared in her cell with the Paramedics. (Aspen Defs.' Br., SOF ¶ 19; admitted at PL's Aspen Resp., RSOF ¶ 19.) Paramedic Hutchinson testified that the officers did not request that the Paramedics administer any type of medication and that paramedics "do not take requests from police officers regarding medical care." (Id.) Deputy Geister, however, testified that he lobbied the Paramedics for Plaintiffs sedation. (PL's Med. Resp., Ex. 2 at 10 [Geister Dep.].) On the way to Plaintiffs cell, jail personnel informed the Paramedics that Plaintiff had been out of control, combative, and throwing herself against the cell door for quite some time. (Med. Defs.' Br., SOF ¶ 5; admitted in relevant part at PL's Med. Resp., RSOF ¶ 5.) Jail personnel expressed concern that Plaintiff was going to hurt herself. (Id.) Further, they informed the Paramedics that the jail's sole restraint chair was already occupied by a violent male. (Id.)
Paramedic Hutchinson testified that he witnessed Plaintiff pounding her fists against her cell door...
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Part 1: complete case summaries in alphabetical order.
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