Baughman v. Garcia
| Decision Date | 26 May 2017 |
| Docket Number | Civil Action No. H-14-3164. |
| Citation | 254 F.Supp.3d 848 |
| Parties | Steven Kurt BAUGHMAN, SPN #505318, Plaintiff, v. Sheriff Adrian GARCIA, et al., Defendants. |
| Court | U.S. District Court — Southern District of Texas |
Jennifer Fleury, Jillian Collum Beck, Maria Wyckoff Boyce, Hogan Lovells US, LLP, Houston, TX, for Plaintiff.
Mary E. Baker, F. Clinton Gambill, II, Lisa Rice Hulsey, Houston, TX, for Defendants.
The plaintiff, Steven Kurt Baughman (SPN # 505318), is presently in custody at the Harris County Jail (the "Jail"), which is operated by the Harris County Sheriff's Office ("HCSO") in Houston, Texas. Baughman has filed this lawsuit under 42 U.S.C. § 1983, asserting claims of inadequate medical care for type 2 diabetes, inadequate dental care, and retaliation for lodging a complaint about the level of medical and dental care that he has received. Baughman sues Harris County and the following defendants in their individual or personal capacity as supervisory officials and health care providers employed by HCSO at the Jail: (1) former Harris County Sheriff Adrian Garcia; (2) former Harris County Sheriff Ron Hickman; (3) former Executive Medical Director Dr. Michael Seale; (4) former Medical Administrator Bobby Davis; (5) Interim Executive Medical Director Dr. Marcus Guice; (6) Physician's Assistant Sharon Lambi; (7) Dentist Dr. Edwin Chin; (8) Dentist Dr. Alan Harper; (9) Nurse Practitioner Beverly Howard; (10) Dietitian Cathy Rossi; and (11) Dietitian Renee Hinojosa.1
Five of the above-referenced defendants employed at the Jail in a supervisory capacity (Dr. Seale, Dr. Guice, Davis, Lambi, and Howard) have filed a joint motion for summary judgment [Doc. # 179], arguing that they are entitled to qualified immunity from Baughman's claims against them. The dentists (Drs. Chin and Harper) and one of the dietitians (Rossi) have filed a separate motion for summary judgment [Doc. # 183], which also raises the defense of qualified immunity. Harris County has filed a motion for summary judgment on its own behalf, arguing further that Baughman fails to make a valid claim for municipal liability under any theory against it [Doc. # 181]. Baughman has filed separate responses to these motions [Docs. # 188, # 190]. The defendants have filed several replies [Docs. # 193, # 195, # 196].
After considering all of the pleadings, the exhibits, and the applicable law, the motion for summary judgment filed by Drs. Chin and Harper is DENIED, in part, with respect to Baughman's claim that he was denied adequate dental care for tooth decay with deliberate indifference to a serious medical need in violation of 42 U.S.C. § 1983. The motions for summary judgment are GRANTED with respect to all other claims for the reasons discussed below.
For the purpose of addressing the claims asserted in this case, it is helpful to first describe the plaintiff, his ailments, and the role, if any, played by the defendants in the medical and dental treatment that he has received at the Jail. Unless otherwise noted, this portion of the Court's decision is based on facts that are undisputed by the parties. All facts are viewed in the light most favorable to the plaintiff, as non-movant.2
Plaintiff Baughman has been in continuous custody of Harris County at the Jail since he was arrested on April 3, 2014.3 The average length of stay for detainees at the Jail is estimated at 74 days.4 A previously convicted felon who was on parole at the time of his arrest,5 Baughman has now been detained at the Jail for over three years and is still awaiting trial on the criminal charges that remain pending against him in state court.6
When Baughman arrived at the Jail he reportedly alerted officials that he suffered from type 2 diabetes
, which required insulin injections, and that he had "severe" pain due to several broken and decaying teeth.7 Baughman's pre-arrest history of severe tooth decay had already resulted in the extraction of more than ten teeth.8 Baughman, who is presently 57 years of age, also arrived at the Jail with a host of other pre-existing conditions, including opioid dependence, chronic back pain, chronic kidney disease, gout, hypertension (high blood pressure ), hyperlipidemia (high cholesterol), diabetic neuropathy, and morbid obesity.9
Baughman initially filed this case pro se on November 4, 2014, against numerous defendants employed by Harris County and HCSO.10 After Baughman submitted several amended and supplemental versions of his claims,11 the Court appointed counsel to assist him with his claims of inadequate medical and dental care, which potentially implicate more than one policy or practice in place at the Jail.12
The lead defendant, Adrian Garcia, was the elected Harris County Sheriff from the time Baughman was booked into the Jail until late 2015. Ron Hickman, who was appointed to succeed Garcia as Sheriff, left the office at the end of 2016.13 While serving as Harris County Sheriff, Garcia and Hickman were in charge of the Jail,14 which is one of the largest in the United States.15 During the time this lawsuit has been pending, the Jail's average daily population has been around 8,600 inmates.16
At the time Baughman was booked into the Jail, Dr. Seale was employed as the Executive Medical Director for the Jail's Health Services Division.17 Dr. Seale attained that position originally in 1994, when he was employed by the University of Texas Health Services Center, which was providing care to detainees at the Jail pursuant to a contractual arrangement.18 Dr. Seale became employed directly by HCSO in 2010, when Harris County decided to provide all medical care for the Jail "in house."19
During his tenure as Executive Medical Director, Dr. Seale oversaw all facets of the Health Services Division at the Jail, including medical, mental health, pharmacy, and laboratory operations.20 The Health Services Division, which currently employs approximately 300 medical personnel,21 operates a "general clinic" that is open to treat inmates and provide care 24 hours a day, seven days a week.22 The Health Services Division also operates several clinics that offer specialized care, including a Dental Clinic and a Chronic Care Clinic, which provides care for chronic diseases like hypertension
, asthma, and diabetes.23
As Executive Medical Director, Dr. Seale was responsible for ensuring that all components of the Health Services Division complied with criteria promulgated by the Texas Commission on Jail Standards ("TCJS"), which has regulatory authority over all county jails in Texas, and for ensuring that all policies and procedures in place are consistent with applicable standards or "best practices" established by the National Commission on Correctional Health Care ("NCCHC"), which has continually accredited the Jail since 1985.24 Dr. Seale left the position of Executive Medical Director to take a similar job elsewhere at the end of September 2015.25 Since that time, Dr. Guice, who started working as a physician at the Jail in 1988, and previously served as the Assistant Medical Director under Dr. Seale, has been serving as Interim Executive Medical Director until a permanent replacement can be found.26 As Interim Director, Dr. Guice also has been responsible for overseeing and revising Jail policies on medical care for the Health Services Division and its many operations.27
Sharon Lambi is a licensed physician's assistant who is in charge of the Chronic Care Clinic during second shift.28 Beverly Howard is a licensed nurse practitioner who also works in the Chronic Care Clinic.29 Both Lambi and Howard are considered supervisors at the Chronic Care Clinic.30
The Chronic Care Clinic is charged with monitoring the blood glucose levels of diabetic detainees on a regular basis, and ensures that detainees receive routine care from the Optometry Clinic and the Dental Clinic for issues that commonly affect diabetics.31 During the time this lawsuit has been pending, the Jail has housed approximately 105 to 120 diabetics who require daily insulin injections
,32 which are administered by nurses on a twice-daily basis under the direction of a treating physician at the Chronic Care Clinic.33
When Baughman was admitted to the Jail in April 2014, Bobby Davis was employed by HCSO as a Medical Administrator.34 As Medical Administrator, Davis oversaw all of the clinics at the Jail.35 Davis served in that role until August 31, 2015, when he left to work as a private contractor.36
Rossi is a registered dietitian who shares responsibility with other medical providers for administering inmate diets.37 Davis was Rossi's supervisor during the time relevant to the events of this lawsuit.38
During the time this lawsuit has been pending, Dr. Edward Chin and Dr. Alan Harper have been the only dentists employed by HCSO at the Dental Clinic, which is open between 6:00 a.m. and 2:00 p.m., Monday through Friday.39 With help from two dental assistants, Drs. Chin and Harper provide dental care for all inmates at the Jail.40 Dr. Chin worked at the Jail from 2006 through late 2016, when he left to devote more time to his private practice.41 Dr. Harper started working at the Jail as an "agency employee" in 2012, and became a full-time Harris County employee in 2013.42
Baughman's primary claim is that he has been denied adequate medical care in the form of blood glucose monitoring for type 2 diabetes
. Type 2 diabetes is a condition in which the pancreas does not produce enough insulin, which is the hormone that regulates the level of glucose or sugar in the blood stream.43 Because patients with type 2 diabetes can produce some insulin, they are typically treated with a regimen that emphasizes a diet low in "sweets" along with exercise and weight loss, but they can also require the administration of insulin
, if necessary.44...
To continue reading
Request your trial
-
J.H. v. Edwards
...that the officials acted with deliberate indifference to his medical needs or his safety." (citing, inter alia, Baughman v. Garcia, 254 F. Supp. 3d 848, 868-69 (S.D. Tex. 2017)), aff'd sub nom. Baughman v. Seale, 761 F. App'x 371 (5th Cir. 2019) (applying the deliberate indifference standar......
-
Balbin v. Concepcion
...as frivolous a deliberate indifference claim for not giving a root canal and only offering an extraction); Baughman v. Garcia , 254 F. Supp 3d 848, 877-78 (S.D. Tex. 2017) (reasoning that extraction is medically appropriate over a root canal to remove decay); Brathwaite v. Corr. Med. Servs.......
-
Sacal-Micha v. Longoria
...345 (5th Cir. 2006) (applying the deliberate indifference standard to a cruel and unusual punishment claim); Baughman v. Garcia, 254 F. Supp. 3d 848, 868-69 (S.D. Tex. 2017), aff'd sub nom. Baughman v. Seale, 761 F. App'x 371 (5th Cir. 2019) (applying the deliberate indifference standard to......
-
Sacal-Micha v. Longoria
...345 (5th Cir. 2006) (applying the deliberate indifference standard to a cruel and unusual punishment claim); Baughman v. Garcia , 254 F. Supp. 3d 848, 868–69 (S.D. Tex. 2017), aff'd sub nom. Baughman v. Seale , 761 F. App'x 371 (5th Cir. 2019) (applying the deliberate indifference standard ......