Bair v. Snohomish Cnty.

• Decision Date: 02 February 2021
• Docket Number: CASE NO. 2:19-cv-00998-BJR
• Parties: CHERYL BAIR, Plaintiff, v. SNOHOMISH COUNTY, et al., Defendants.
• Court: U.S. District Court — Western District of Washington

CHERYL BAIR, Plaintiff, v. SNOHOMISH COUNTY, et al., Defendants.

CASE NO. 2:19-cv-00998-BJR

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

February 2, 2021

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT SNOHOMISH COUNTY AND DEFENDANT SISAWO'S MOTIONS FOR SUMMARY JUDGMENT; DENYING PLAINTIFF'S MOTIONS FOR PARTIAL SUMMARY JUDGMENT; HOLDING IN ABEYANCE DEFENDANT SISAWO'S MOTION TO EXCLUDE; AND ORDERING PROPOSED CASE SCHEDULE

I. INTRODUCTION

Plaintiff Cheryl Bair brings the current suit claiming she was assaulted by Snohomish County Jail staff, and her wounds left unattended for two days while she remained in the Jail, after an alleged, but uncharged, DUI arrest. She sues two sets of defendants; first, the County and its employees (collectively, the "Snohomish Defendants") who she claims were responsible for the assault and her subsequent neglect and, second, Defendant Hamadi Sisawo, a Registered Nurse, who at the time of Plaintiff's jailing worked as a contractor at the Jail and examined Plaintiff for fitness for jail.

Currently before the Court are five separate motions: the County/Snohomish Defendants and Nurse Sisawo each bring their own Motions for Summary Judgment,¹ see Dkt. Nos. 64 ("Snohomish Mot."), 95 ("Sisawo Mot."),² and Plaintiff brings a Motion for Partial Summary Judgment against each set of Defendants, see Dkt. Nos. 87 ("Pl.'s Sisawo Mot. "), 91 ("Pl.'s Snohomish Mot."). Additionally, Nurse Sisawo brings a Motion to Exclude Opinions and Testimony of Alexis Telles, one of Plaintiff's expert witnesses. Dkt. No. 97 ("Mot. to Exclude").³ All parties agree, however, that at least some disputes of fact exist preventing full summary judgment and necessitating a trial.

Having reviewed the Motions, the oppositions thereto, the record of the case, and the relevant legal authorities, the Court will grant in part and deny in part the County/Snohomish Defendants and Nurse Sisawo's Motions for Summary Judgment, deny in full Plaintiff's Motions, and hold in abeyance Nurse Sisawo's Motion to Exclude. The reasoning for the Court's decision follows.

II. BACKGROUND

A. Plaintiff's Arrest

Plaintiff reports that she has suffered from bipolar disorder and depression for most of her adult life. See Second Am. Compl., Dkt. No. 28, ¶ 59; see also Decl. of Cheryl Bair, Dkt. No. 78¶ 3 ("First Bair Decl."); Decl. of Cheryl Bair, Dkt. No. 89. ¶ 3 ("Second Bair Decl."). On July 14, 2017, she was driving in stop-and-go traffic when she rear-ended the car in front of her. While the airbags in her car deployed, Plaintiff claims she was not injured during the accident and her car was not damaged. First Bair Decl. ¶ 5; Second Bair Decl. ¶ 5.

Washington State Troopers were called to the scene, including Trooper Willard Collier. In interacting with Plaintiff, Trooper Collier suspected she had been driving under the influence of a controlled substance as she was "talkative" but "lethargic," occasionally slurred her speech, and had droopy, red eyes. Decl. of Emory Wogenstahl, Ex. B, Dkt. No. 96-2 at 7 ("DUI Arrest Report"). Plaintiff claims she was not under the influence, but had difficulty standing due to a hip replacement and several knee surgeries, and that the appearance of her eyes is a side effect of medication she is prescribed. First Bair Decl. ¶ 6; Second Bair Decl. ¶ 6. Trooper Collier administered a breathalyzer, which registered zero presence of alcohol. He then administered a field sobriety test, which Plaintiff allegedly failed. DUI Arrest Report at 7.

Based on her failed field sobriety test, Trooper Collier placed Plaintiff under arrest and obtained a telephonic warrant for a blood test. Id. He also conducted a search of her vehicle subsequent to the arrest and found two prescription medication bottles, including one for Clonazepam, which is a type of benzodiazepine used to treat Plaintiff's bipolar disorder. Id.

B. First Visit to the Hospital

Trooper Collier then transported Plaintiff to Providence Regional Medical Center in Everett to administer the blood test. See Decl. of Darryl Parker, Ex. D, Dkt. No. 77-1 at 51-66 ("July 14 Providence Regional Medical Center Records"); Decl. of Emory Wogenstahl, Ex. D, Dkt. No. 96-4 ("Toxicology Test Report"). While at the hospital, Defendants claim that Plaintiff'smood was "volatile" and that she refused medical examination or treatment by the doctors. Snohomish Mot. at 4; see also DUI Arrest Report at 7 (describing Plaintiff as having "mood swings" and "cursing allot" [sic]). Plaintiff claims that at no time during this hospital visit did she show signs of injury or intoxication and that she refused medical treatment because she knew she was uninjured. First Bair Decl. ¶ 7; Second Bair Decl. ¶ 7.

Doctors administered the blood test, which confirmed the presence of Clonazepam in Plaintiff's system, but no alcohol or other illegal drug. Toxicology Test Report at 3-4. While Plaintiff's medical records from the hospital confirm that a full physical was not conducted, the doctor's observations indicate that she was in good health, alert, without signs of head, face, or neck trauma, and was "breathing comfortably and speaking in full sentences." July 14 Providence Regional Medical Center Records at 55, 61-62.

C. Snohomish County Jail

Trooper Willard then transported Plaintiff to the Snohomish County Jail, arriving at approximately 8:10 p.m. Snohomish Mot. at 5. There is a dispute of fact over what happened when County staff attempted to book Plaintiff into the Jail (hereinafter referred to as the "Booking Incident"). Defendants allege that during booking Plaintiff attempted to kick one of the corrections officers and, consequentially, she was restrained. See, e.g., id.; see also DUI Arrest Report at 7. Plaintiff, on the other hand, claims she was merely slow to respond to directions issued by the correctional officers because of her knee and hip. First Bair Decl. ¶¶ 9-13; Second Bair Decl. ¶¶ 9-13. She claims that Corrections Deputies (and Defendants) Olyntia Sewell, Taylor Jones, Scott Warnken, Sergeant Scott Lewis, and Lieutenant Robert Ogawa first slammed her against a wall, took her to the ground, and proceeded to land multiple blows to her face, torso, arms, and lowerbody, causing her severe injury. No use of force report was written in relation to the incident, see Second Am. Compl. ¶ 26; Snohomish Mot. at 2, and Plaintiff claims she was not given a handbook or instructions on how to make a medical complaint or request medical care, Second Bair Decl. ¶ 14; see also Suppl. Decl. of Darryl Parker, Ex. A, Dkt. No. 111-1 at 2-6 ("Inmate Orientation Handbook" including instructions for inmates to submit formal requests for medical attention).

Shortly after the Booking Incident, Defendants allege that Plaintiff made suicidal statements necessitating placing her on suicide watch, which entails corrections deputies conducting welfare checks every ten minutes and recording their observations in a log. See Decl. of David Hall, Ex. B, Dkt. No. 66 at 9-11 ("Suicide Watch Logs"). Inmates on suicide watch are also given a safety smock, which covers their bodies from shoulder to shin, and a blanket. Additionally, because she had been brought in on a suspected DUI, Plaintiff was placed on withdrawal watch, which entails welfare checks every half an hour to hour. See Decl. of David Hall, Ex. A, Dkt. No. 66 at 6-7 ("Withdrawal Watch Logs"). Logs from both of these checks confirm that Jail staff, including Deputies Jones, Warnken, Sgt. Lewis, and Lt. Ogawa, conducted suicide watches every ten minutes from 10:12 p.m. on July 14 to 8:26 a.m. on July 15 and withdrawal watches from 10:00 p.m. on July 14 to 9:00 p.m. on July 16. See Suicide Watch Logs; Withdrawal Watch Logs; see also Decl. of David Hall, Dkt. No. 66 ¶¶ 7-8.

According to the Jail's medical records, Plaintiff interacted with Nurse Sisawo at least three times while being held. See Decl. of Darryl Parker, Ex. E, Dkt. No. 77-1 at 68-80 (Snohomish County Jail "Full Patient History"). On July 14, the day of the arrest, Nurse Sisawo conducted Plaintiff's "Fit for Jail" evaluation, clearing her for booking into the Jail, and completed a Fit for Jail Form. See Decl. of Darryl Parker, Ex. H, Dkt. No. 77-1 at 106 ("Fit for Jail Form"); FullPatient History at 75. Shortly thereafter, Nurse Sisawo treated and dressed an abrasion on Plaintiff's wrist. Full Patient History at 75. On July 16, he checked on Plaintiff, taking her vitals and asking her about her condition. Id. at 76. He contends that during this visit Plaintiff complained about "general body aches" but that when he offered her pain medication to address those concerns she refused. Id. Plaintiff also interacted with Jail Mental Health Professional ("MHP") Jason Burns on July 15. Id. at 75-76. During his evaluation, MHP Burns determined that Plaintiff was not suicidal, and removed her from suicide watch.

Plaintiff claims that, despite telling both County staff and Nurse Sisawo numerous times that she was injured and in pain, she did not receive treatment. See, e.g., First Bair Decl. ¶¶14-15; Second Bair Decl. ¶¶ 14-17. Further, she claims that despite informing County staff and Nurse Sisawo of her need for her prescribed medication, she was never provided with her medication. Plaintiff was released from the Snohomish County Jail on July 16, 2017.

D. Second Visit to the Hospital

After being released from Jail, Plaintiff went, almost directly, back to Providence Hospital. See Decl. of Darryl Parker, Ex. L, Dkt. No. 77-1 at 137-144 ("July 16 Providence Regional Medical Center Records"). There, an examining physician diagnosed Plaintiff with extensive bruises on her arms and shoulders, lacerations on her wrist and legs, and four fractured ribs. Id. at 140. The medical staff also contacted the Dawson Assault Center, who dispatched technicians to document Plaintiff's condition, including taking photographs of bruising on her face, arms, and legs, and composing...