Awalt v. Awalt, 11 C 6142

• Decision Date: 24 November 2014
• Docket Number: No. 11 C 6142,11 C 6142
• Parties: ELIZABETH AWALT, as Administrator of the Estate of Robert Awalt, Plaintiff, v. ELIZABETH AWALT, as Administrator of the Estate of Terry Marketti; KEVIN CALLAHAN, in his official capacity as Sheriff of Grundy County; DDUANE MCCOMAS, individually and in his official capacity as Superintendent of Grundy County Jail; MELANIE VAN CLEAVE; PATRICK SEALOCK; MATTHEW WALKER; KIM LEAR; ROGER THORSON; ROBERT MATTESON; DAVID OBROCHTA; COUNTY OF GRUNDY; CORRECTIONAL HEALTH COMPANIES, INC.; HEALTH PROFESSIONALS, LTD.; DR. STEPHEN CULLINAN; MARJORIE CLAUSON; unknown employees of Correctional Healthcare Companies, Inc. and Health Professionals, LTD; unknown Grundy County Correctional officers; unknown Medical Personnel, Defendants.
• Court: U.S. District Court — Northern District of Illinois

ELIZABETH AWALT, as Administrator of the Estate of Robert Awalt, Plaintiff, v. ELIZABETH AWALT, as Administrator of the Estate of Terry Marketti; KEVIN CALLAHAN,in his official capacity as Sheriff of Grundy County; DDUANE MCCOMAS, individually andin his official capacity as Superintendent of Grundy County Jail; MELANIE VAN CLEAVE;PATRICK SEALOCK; MATTHEW WALKER; KIM LEAR; ROGER THORSON; ROBERT MATTESON;DAVID OBROCHTA; COUNTY OF GRUNDY; CORRECTIONAL HEALTH COMPANIES, INC.;HEALTH PROFESSIONALS, LTD.; DR. STEPHEN CULLINAN; MARJORIE CLAUSON;unknown employees of Correctional Healthcare Companies, Inc. and Health Professionals, LTD;unknown Grundy County Correctional officers; unknown Medical Personnel, Defendants.

No. 11 C 6142

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

November 24, 2014

Judge Thomas M. Durkin

MEMORANDUM OPINION AND ORDER

Elizabeth Awalt("Plaintiff"), as administrator for the estate of her husband Robert Awalt("Awalt"), alleges that Grundy County and the Grundy County Sheriff's Office, directly and doing business through its prison medical services providers Correctional Health Companies, Inc.("CHC"), and Health Professional,Ltd.("HPL"), caused Awalt's death by being deliberately indifferent to his medical needs while he was in custody at the Grundy County Jail.R. 120.Plaintiff also alleges that former Grundy County Sheriff, Terry Marketti("Sheriff Marketti"), Duane McComas, individually and in his official capacity as Superintendent of Grundy County Jail, and correctional officers Melanie Van Cleave, Patrick Sealock, Matthew Walker, Kim Lear, Roger Thorson, Robert Matteson, David Obrochta(the "Correctional Officers"), along with CHC employees Dr. Stephen Cullinan and Nurse Marjorie Clauson, are liable for Awalt's death.Id.Specifically, Plaintiff alleges the following claims: Count I for unreasonable and deliberately indifferent denial of medical care, in violation of the Fourth and Fourteenth Amendments, as to the conduct of both the individual defendants' actions and the policies and practices of the entity defendants under the doctrine of Monell v. Dep't of Social Services of the City of New York, 436 U.S. 658(1978);Count II for conspiracy to commit the civil rights violations alleged in Count I; Count III for failure to intervene to prevent the civil rights violations alleged in County I; Count IV under the Illinois Survival Act for intentional infliction of emotional distress in violation of Illinois law; Count V under the Illinois Wrongful Death Act for intentional battery in violation of Illinois law; Count VI under the Illinois Survival Act for intentional battery in violation of Illinois law; Count VII under the Illinois Wrongful Death Act for negligent or willful and wanton conduct in violation of Illinois law; Count VIII under the Illinois Survival Act for negligent or willful and wanton conduct in violation of Illinois law; Counts IX and X against CHC/HPL and Sheriff Markettiin his official capacity for respondeat superior liability for the state law Counts; Count XI for indemnification of any judgment against County employees by the County; and Count XII for spoliation of evidence in violation of Illinois law.Grundy County, the Sheriff's Office, Sheriff Kevin Callhan, Rick Marketti(as administrator for Sheriff Marketti's estate), Superintendent McComas, and the Correctional Officers (collectively, the "County Defendants"), have moved for summary judgment, R. 309, on all counts, excluding the issues of "whether [Officers] Sealock, Walker, Lear, and Thorson gave Awalt his medications as they say they did, and whether [Officer] Van Cleave knew Awalt had suffered seizures in the Jail, but took no action."R. 321at 7.CHC, HPL, Dr. Cullinan, and Nurse Clauson (collectively, the "Medical Defendants"), have also moved for summary judgment on all counts.R. 312.

On November 17, 2014, the Court entered an order stating that the motions were denied in part, granted in part, and continued with respect to Plaintiff's theory of liability based on a failure to train.R. 394.On November 18, 2014, the Court partially vacated the November 17 order with respect to Count XII against the Medical Defendants only.R. 402.This memorandum opinion and order states the reasons for the Court's prior orders, and additionally, denies Defendants' motions for summary judgment with respect to Plaintiff's failure to train theory of liability, and denies the Medical Defendants' motion with respect to Count XII.¹

Legal Standard

Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."Fed. R. Civ. P. 56(a);see alsoCelotex Corp. v. Catrett, 477 U.S. 317, 322-23(1986).The Court considers the entire evidentiary record and must view all of the evidence and draw all reasonable inferences from that evidence in the light most favorable to the nonmovant.Ball v. Kotter, 723 F.3d 813, 821(7th Cir.2013).To defeat summary judgment, a nonmovant must produce more than "a mere scintilla of evidence" and come forward with "specific facts showing that there is a genuine issue for trial."Harris N.A. v. Hershey, 711 F.3d 794, 798(7th Cir.2013).Ultimately, summary judgment is warranted only if a reasonable jury could not return a verdict for the nonmovant.Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248(1986).

Background

I. Awalt's Detention and Death

The Grundy County Jail(the "Jail") is not a large facility.In 2010 it had a capacity of 72 detainees.R. 311-2 at 87:22-88:8.The Jail is divided into sections A through L, seeR. 336-6at 349-53, with each section having approximately three orfour cells, containing single or bunk beds, id., and a common area, see generallyR. 311-2, where the detainees spend most of their waking hours.See336-4at 197(15:21-16:10).Section A is immediately adjacent to the guard station, while Section C is 15 feet from the guard station.R. 311-3 at 138:13-21; 142:2-6.The Jail has a video surveillance system that records activity in the common areas and the hallways leading to the cells, but not inside all of the individual cells themselves.R. 311-2 at 224:2-3, 229:21-23, 231:8-15.Correctional officers are required to conduct security cell checks every 30 minutes.R. 311-42 at 31:21-22, 32:1-3.Correctional officers have access to the video monitors from the guard station, and there are also video monitors in the superintendent's office.R. 336-6at 477(121:12-16).

Awalt was arrested and taken to the Grundy County Jail on September 14, 2010, at about 10:34 p.m. R. 329 ¶¶ 3-4.Officer Obrochta completed Awalt's intake form, noting that he suffered from seizures and was taking the medications Dilantin and Topamax.²R. 311-6at 4.Awalt was initially placed in Section A, which was immediately adjacent to the guard station.SeeR. 336-6at 349.

The next morning at 9:00 a.m., Awalt saw Nurse Clauson and he told her that he was taking Dilantin and Topamax for seizures.R. 311-6at 50.Nurse Clauson testified that she told Awalt he needed to have the proof that he required these medications brought to the jail.R. 311-14 at 88:9-21.Plaintiff testified thatAwalt told her he had seen a nurse, but he never asked Plaintiff to bring him proof of his medications.R. 336-2 at 279:16-281:12.

At 3:00 p.m., after Awalt was not released after his preliminary hearing (which took place from approximately 1:35 to 1:55 p.m. on September 15), Nurse Clauson told a correctional officer at the jail to call Dr. Cullinan to order Dilantin for Awalt.R. 329 ¶ 8.Officer Thorson contacted Dr. Cullinan, and Dr. Cullinan ordered that 400 mg of Dilantin be given to Awalt immediately and two daily doses of 200 mg thereafter.Id.¶ 9.There is no record of what information Dr. Cullinan had about Awalt's condition when he decided to prescribe this medication for Awalt.R. 336-3 at 109:19-22.Officer Thorson does not remember what he told Dr. Cullinan, R. 311-8 at 88:11-21, and Dr. Cullinan does not remember either.R. 336-3at 32(109:5-11).But Dr. Cullinan testified that it was his "usual and customary" practice to inquire what medications a new detainees was reportedly taking.R. 336-3 at 112:2-4.

Nurse Clauson did not secure a Topamax prescription for Awalt.Nurse Clauson testified that she did not tell Thorson to request a prescription for Topamax for Awalt from Dr. Cullinan because she"had forgotten about it."R. 311-14 at 129:13.Nurse Clauson also testified that she had never heard of Topamax, id. at 82:4-9, and "wanted to check it out before [she] had anybody call on it."Id. at 129:14-15.Nurse Clauson decided to research Topamax and planned to discuss it with Awalt on September 20, knowingly depriving him of the drug during his time at the Jail.SeeR. 311-14 at 119:6-120:7, 108:1-5.The 2010 Nursing SpectrumHandbook that Nurse Clauson consulted regarding Topamax includes a graphically-emphasized warning stating, "Don't stop therapy suddenly.Dosage must be tapered."R. 336-8at 347.

Dr. Cullinan testified that he cannot remember if he was ever told that Awalt was taking Topamax, R. 336-3 at 116:1-8, and he has "no record of being told that [Awalt] took Topamax."R. 336-3 at 115:4-6.However, the Jail's records show that Dr. Cullinan reviewed the note on Awalt's chart stating that Awalt reported he was taking Topamax.R. 311-6at 14.Dr. Cullinan also testified that Awalt's chart indicates that he discussed Awalt's intake form with Nurse Clauson.R. 336-3 at 53:11-18.Yet, he also testified that he did not call Nurse Clauson to ask her any questions about Awalt, R. 336-3 at 429:8-18.In any case, Dr. Cullinan also testified that he was "not really familiar with [Topamax]," and he has "never really prescribed it independently."R. 336-3 at 114:14-16.

Plaintiff's expert, Dr. Laura Pedelty, testified that Topamax is not a well-known, or...