Bernard v. Scott, Case No. 3:15-cv-50277

• Decision Date: 20 November 2020
• Docket Number: Case No. 3:15-cv-50277
• Citation: 501 F.Supp.3d 611
• Parties: Eric. E. BERNARD, Plaintiff, v. Roger SCOTT, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

501 F.Supp.3d 611

Eric. E. BERNARD, Plaintiff,

v.Roger SCOTT, et al., Defendants.

Case No. 3:15-cv-50277

United States District Court, N.D. Illinois, Western Division.

Signed November 20, 2020

Khara Coleman, Office of the Cook County Sheriff, Chicago, IL, Preston L. Pugh, Crowell & Moring, Nina C. Gupta, Pro Hac Vice, Miller & Chevalier Chartered, Washington, DC, for Plaintiff.

Michael D. Bersani, Tony Salvatore Fioretti, Hervas, Condon & Bersani, P.C., Itasca, IL, Sarah Jane Chami, DeKalb County State's Attorney's Office, Sycamore, IL, for Defendants Roger Scott, Joyce Klein, Craig Malone, Erin McRoberts, Kelly King, Michael Emmer, T.R. Smith, Krista Haberkamp, Sue Ballard, Dawn Cook, Ryan Fox, Sarah Floyel, Lt. Carolyn Parnow, County of DeKalb, Illinois, DeKalb County Sheriff's Office.

Sarah Jane Chami, DeKalb County State's Attorney's Office, Sycamore, IL, for Defendant John and Jane Does.

MEMORANDUM OPINION AND ORDER

Iain D. Johnston, United States District Judge

Plaintiff Eric E. Bernard ("Bernard") brought this action under 42 U.S.C. § 1983 against a slew of individuals responsible for operations and policymaking at the DeKalb County Jail ("the jail"). Dkt. 19. He claims that the Defendants violated his rights under the First, Eighth, and Fourteenth Amendments during both pretrial and post-conviction detentions because the jail failed to provide him access to a psychiatrist, kept him in administrative segregation, and otherwise failed to provide adequate healthcare. He further contends that the jail discriminated against him and failed to provide him appropriate access to religious services. He seeks declaratory, injunctive, and monetary relief. Id. ¶¶ 1, 4. On August 26, 2019, Defendants filed a motion for summary judgment. Dkt. 119. A day later, Bernard filed a motion for partial summary judgment. Dkt. 132.

"The Constitution does not mandate comfortable prisons, but neither does it permit inhumane ones." Farmer v. Brennan , 511 U.S. 825, 832, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Because Defendants’ conduct here easily falls within the acceptable range, Defendants’ motion for summary judgment is granted in full and Bernard's motion for partial summary judgment is denied.

I. Background

With almost no exception, the facts listed here come from the statements of undisputed facts. Bernard, currently an inmate at Dixon Correctional Center,¹ is serving a 55-year sentence for armed robbery. Dkt. 149, ¶ 93. For the purpose of this suit, the only relevant times are those when he was housed in the DeKalb County Jail. Several such instances exist. For reasons never explained, Bernard was shuttled back and forth between IDOC and DeKalb County Jail. Specifically, he was briefly booked into the jail on November 3, 2011, for the purpose of being served with a warrant. He was released the same day. Id. ¶ 29. He was then booked into the jail on August 2, 2012, and was then transferred back to the Illinois Department of Corrections (IDOC) the next day. Id. ¶¶ 30, 33. He was again detained in the jail from October 9, 2012, until October 12, 2012. Id. ¶ 34. Bernard was again detained in the jail from November 14, 2012, id. ¶¶ 37–38, until March 21, 2014, id. ¶ 94. During these initial stays at the jail, Bernard was a pretrial detainee. Id. ¶ 100. Finally, he was brought back to the jail during his post-conviction proceedings from May 31, 2016 until June 14, 2016.² Id. ¶ 106.

At this point, a recitation of the various defendants and their roles is helpful. Defendant County of DeKalb, Illinois, owns the DeKalb County Jail. Dkt. 145, ¶ 2. Defendant Dekalb County Sheriff's Office is responsible for the jail. Id. Defendant Roger Scott is the Sheriff of Dekalb County and has policymaking responsibility over the jail, id. ¶ 3, though he is not involved in daily operations, Dkt. 149, ¶ 12. Defendant Joyce Klein is the Chief of Corrections and is responsible for the "oversight of operations," Dkt. 145, ¶ 4, though her involvement in day-to-day operations is minimal, Dkt. 149, ¶ 11. She has been in that role since February of 2015, when she was promoted from Lieutenant. Dkt. 145, ¶ 4. She reports directly to Sheriff Scott. Id. Defendant Lieutenant Carolyn Parnow is responsible for the daily operations of the jail—beginning in February 2016. Id. ¶ 7; Dkt. 149, ¶ 3. She reports to Chief Klein. Dkt. 145, ¶ 20. Defendants Craig Malone, Erin McRoberts, Kelly King, Michael Emmer, T.R. Smith, Krista Haberkamp, Sue Ballard, Dawn Cook, Ryan Fox, and Sarah Floyel were at all relevant times correctional officers with the DeKalb County Sheriff's Office. Id. , ¶ 6; Dkt. 149, ¶ 2.

Bernard also names John and Jane Does in his complaint, though they are not mentioned in his memorandum in support of his motion for partial summary judgment. Dkt. 133. Bernard does not sue any medical personnel or contractors in this action. Dkt. 19.

The jail's medical services to inmates was at all relevant times provided by Guardian Correctional Care ("Guardian"). Dkt. 149, ¶¶ 13–14. The medical staff provided by Guardian included nurses and a physician. Id. ¶¶ 13, 15. The jail also contracted with two Qualified Mental Health Counselors (QMHC). Id. ¶ 16. The provided mental health services included substance abuse counseling, mental health counseling, personal counseling, and a life skills course. Id. ¶ 18. Although the mental health counselors could not prescribe medication, they could refer their patients to the Guardian medical staff, which included a physician. Dkt. 145, ¶ 48; Dkt. 149, ¶ 15. Corrections officers are also trained annually on how to deal with inmate mental health issues and suicide prevention. Id. ¶ 28. Still, correctional offices rely on the QMHCs to provide inmate counseling. Id. 25.

Bernard has been, and was at all relevant times, diagnosed with several mental health conditions for which he was prescribed medication. Dkt. 145, ¶¶ 12–13. Defendants were at least aware of Bernard's conditions and medications by 2012. Bernard's August 2012 transfer paperwork from IDOC indicated a psychiatric history and medications. Dkt. 149, ¶ 31. During his October 2012 intake, he self-reported his medications and psychiatric history. Id. ¶ 35. Still, he refused his medications during both his August and his October detentions. Id. ¶ 32, 36.

The jail's standard procedure during Bernard's detention called for medication to be distributed by trained non-medical staff (i.e., corrections officers). Dkt. 145 ¶ 53. But this medication was first verified by Guardian medical staff. Dkt. 149, ¶¶ 21, 39. Shortly after being booked in the jail in November 2012, Bernard submitted a medical request complaining about the size of his pills and wanting to change the time that he took one of his medications. Id. ¶ 40. Medical staff then confirmed that he was receiving his medications as prescribed, but Bernard again refused his medication through November 24, 2012. Id. ¶¶ 41–43. On November 24, he complained to a corrections officer about the amount prescribed of one of his medications. That complaint was then referred to medical staff, who then changed the dosage. Id. ¶ 44. Still, Bernard continued to refuse his medications through the rest of 2012. Id. ¶ 45.

On January 2, 2013, defendant Sergeant McRoberts wrote to the medical staff about Bernard's continued refusal to take his medication. Id. ¶ 46. In response, a nurse attempted to get Bernard to sign paperwork noting his refusals. Instead of signing, Bernard agreed to take half doses of certain medications. Id. ¶ 47. Despite this agreement, which was approved by medical staff, Bernard continued to refuse his medications through March 2013. Id. ¶¶ 48–49.

On March 25, 2013, a nurse and a corrections sergeant went to Bernard's cell to discuss these continued refusals, but Bernard again stated an unwillingness to take his medications. Id. ¶ 50. On May 15, 2013, Bernard requested to see a psychologist or psychiatrist. Id. ¶ 51. A day later, he was seen by medical staff, at the request of Sergeant McRoberts, to discuss his medications. In that meeting, Bernard complained to medical staff that he thought he was being given the wrong medications. Id. ¶ 52. In response, Sergeant McRoberts coordinated with IDOC and confirmed that the medications Bernard was being given matched the prescriptions IDOC had on file. Id. ¶¶ 53–54. On May 20, 2013, Bernard again submitted a request to see a psychiatrist. Id. ¶ 57. That request was instead referred to mental health counselor Kent Wohlrabe. Id. ¶ 58. On May 25, 2013, Kent Wohlrabe saw and evaluated Bernard, but Bernard did not want to talk to anyone other than a psychiatrist. Id. ¶ 56, 61.

On May 27, 2013, Bernard again submitted a medical request to see a psychiatrist or psychologist. Dkt. 149, ¶ 62. On referral from the jail's medical staff, Bernard was then seen by psychiatrist Dr. Brown at the Ben Gordon Center two days later on May 29, 2013. Dkt. 145, ¶ 16; Dkt. 149, ¶ 63–64. The resulting psychiatric evaluation does not appear to have been reviewed by Chief Klein or Lt. Parnow. Dkt. 145, ¶ 19. Still, Dr. Brown told defendant Sergeant McRoberts that Bernard was refusing to take his medication at that time but that a follow up appointment should be scheduled. Dkt. 149, ¶ 65. Though Sergeant McRoberts did schedule the follow-up appointment for June 5, 2013, the record does not clearly indicate whether Bernard attended that appointment. Id. ¶ 66.³

After his visit with Dr. Brown, Bernard complained of the isolation and asked to be housed with other inmates, but that request was denied. Id. ¶¶ 67–68. He reiterated this request on September 10, 2013. Id. ¶ 75. On September 29, 2013, Bernard requested mental health treatment based on the stress from being housed in isolation. Id. ¶ 76. Kent Wohlrabe, the mental health counselor, then met with Bernard that same day. Id. ¶ 77. Mr. Wohlrabe then recommended that Bernard be housed with other inmates, and he continued to meet with Bernard periodically...