Coffey v. United States

• Citation: 906 F.Supp.2d 1114
• Decision Date: 25 November 2012
• Docket Number: No. CIV 08–0588 JB/LFG.,CIV 08–0588 JB/LFG.
• Parties: Diana COFFEY, on her own behalf and on behalf of the estate of Andrew Crutcher, deceased, and also, as next friend, on behalf of her minor grandchildren, Joanelle Crutcher, Rachelle Crutcher, Alex Benally, Andrew Crutcher, Vick Crutcher, Kitana Crutcher, and Drew Crutcher, Plaintiffs, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — District of New Mexico

906 F.Supp.2d 1114

Diana COFFEY, on her own behalf and on behalf of the estate of Andrew Crutcher, deceased, and also, as next friend, on behalf of her minor grandchildren, Joanelle Crutcher, Rachelle Crutcher, Alex Benally, Andrew Crutcher, Vick Crutcher, Kitana Crutcher, and Drew Crutcher, Plaintiffs,

v.UNITED STATES of America, Defendant.

No. CIV 08–0588 JB/LFG.

United States District Court,

D. New Mexico.

Nov. 25, 2012.

Scott E. Borg, Barber & Borg, LLC, Albuquerque, NM, Sheryl Serreze, National Legal Team, Robert R. Hager, Treva J. Hearne, Hager & Hearne, Reno, NV, for Plaintiffs.

Kenneth J. Gonzales, United States Attorney, Jan Elizabeth Mitchell, Assistant United States Attorney, Dori Ellen Richards, Special Assistant United States Attorney, United States Attorney's Office, Albuquerque, NM, for Defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the bench trial held on May 24 and 25, 2012. The primary issues are: (i) whether the Court has jurisdiction to hear the Plaintiffs' lawsuit when Plaintiff Diana Coffey's administrative claim did not specificallyarticulate the negligence theories that she alleged at trial; (ii) whether the Bureau of Indian Affairs' decision to contract with the McKinley County Detention Center (“MCDC”), including its decision to screen the MCDC as an appropriate facility to house an American Indian inmate with Andrew Crutcher's medical condition, falls under 28 U.S.C. § 2680(a), the Federal Tort Claims Act's discretionary-function exception; (iii) whether the MCDC is the Defendant United States of America's independent contractor, therefore precluding the Court from asserting jurisdiction to hear any tort claims against the United States concerning Crutcher's treatment while he was in MCDC's custody; and (iv) whether the United States' negligence, when the BIA transferred custody of Crutcher to the MCDC, caused Crutcher's death. The Court finds that, while Coffey did not articulate with specificity the claims that she is alleging at trial, her administrative claim provided sufficient underlying facts and circumstances related to Crutcher's medical condition and medications to put the United States on notice of the negligence theories which she alleged at trial. The Court concludes, therefore, that it has jurisdiction to hear at least some of Coffey's claims against the United States. The Court finds that the BIA's decision to contract with the MCDC to provide detention services, including the decision whether to screen the MCDC as appropriate for American Indian inmates with certain medical conditions, was pursuant to the FTCA's discretionary-function exception. Additionally, the Court finds that the MCDC is the United States' independent contractor and that the BIA's decision to award the underlying contract to McKinley County was pursuant to the FTCA's discretionary-function exception. The Court concludes, therefore, that it lacks jurisdiction to hear any claims Coffey asserts against the United States based on the BIA's decision to contract with the MCDC, and lacks jurisdiction to hear any claims Coffey asserts against the United States based on Crutcher's treatment while in the MCDC's custody. Finally, the Court finds that Crutcher's death was caused by a bacterial infection which he contracted after December 10, 2006, and that Crutcher's contraction of the bacteria, and his death from sepsis caused by infective endocarditis, was unrelated to his medical condition or needs existing on October 7, 2006, when the BIA handed him off to the MCDC's custody. The Court concludes that to the extent that there was any negligence on the BIA's behalf, it did not contribute to bring about Crutcher's death, and the BIA, therefore, did not tortiously cause Crutcher's death or Coffey's alleged damages. The Court thus concludes that, because the BIA did not tortiously cause Crutcher's death, the United States is not liable for any of Coffey's damages.

FINDINGS OF FACT

The Court is familiar with the facts from the substantial pretrial motion practice and from the two-day bench trial held on May 24 and 25, 2012. Both parties have also submitted proposed findings of fact. The Court has reviewed both sets of proposed facts and accepts some of these facts, rejects some, and finds some facts that neither party brought to its attention. The Court's findings are set forth below.

1. Andrew Crutcher's Background and Medical History.¹

1. Andrew Crutcher was an enrolled member of the Reno–Sparks Indian Colony.

See Trial Transcript at 65:1–3 (taken May 24, 2012) (Sanchez), filed July 13, 2012 (Doc. 172) (“May 24, 2012 Tr.”).

2. Diana Sanchez, formerly Diana Coffey, the Plaintiff in this case, is Crutcher's mother. See May 24, 2012 Tr. at 64:7–12, 65:1–2 (Sanchez, Hearne).

3. Crutcher had a history of substance abuse. See Deposition of Dr. Ram Challapalli at 11:2–3, 39:7–12 (taken April 5, 2011) (“Challapalli Depo.”). ²

4. In 2004, Crutcher was diagnosed with nonischemic ³cardiomyopathy⁴ and congestive heart failure.⁵ His treating physician thought the origin of his medical condition was possibly substance abuse. See Challapalli Depo. at 7:22–24, 29:14–25.

5. To control his congestive heart failure, Crutcher received in 2004 a prescription for various heart medications, including a diuretic. He also had a defibrillator⁶ implanted in his chest. See Challapalli Depo. at 9:17–22, 10:16–17; Plaintiff's Exhibit 1 at H & H Coffey 00028 (Andrew Crutcher's Medical Records Received from Dr. Challapalli and RENOWN Medical Center dated August 24, 2004) (“Medical Records from Dr. Challapalli”).

6. The signs and symptoms of congestive heart failure are shortness of breath, which is congestion ⁷ in the lungs; swelling in the legs, which is congestion in the venous system; swelling in the abdomen or belly; heart murmur or abnormal heart sounds, exercise intolerance, and inability to lie flat in abed. See Trial Transcript at 244:5–7, 247:19–22, 268:13–22, 269:4–18 (taken May 25, 2012) (Court, Shadoff, Mitchell), filed July 13, 2012 (Doc. 173) (“May 25, 2012 Tr.”); Challapalli Depo. at 26:11–17.

7. Congestive heart failure is classified in four different classes from I to IV, with IV being the most serious. Class I means that a person can do essentially everything the person wants to do; the person has the disease, but is completely compensated ⁸—not impaired in any fashion. Class II means that it takes very consequential activity to make the individual feel short of breath or tired. See May 25, 2012 Tr. at 252:5–18 (Shadoff).

8. Either alcohol and/or methamphetamine use was the origin of Crutcher's cardiomyopathy, because, when he stopped using those substances, his heart function improved and, when he went back to using those substances, his heart function deteriorated, and he had congestive heart failure once again. See May 25, 2012 Tr. at 247:9–20 (Mitchell, Shadoff).

9. In 2005, Crutcher had a normal aortic valve ⁹ without aortic regurgitation, a normal mitral valve ¹⁰ without mitral regurgitation,¹¹ a normal tricuspid valve ¹² without tricuspid regurgitation, a normal pulmonic valve ¹³ without pulmonic regurgitation, and was exercising on a regular basis. See Medical Records from Dr. Challapalli at H & H Coffey 00037, 00050.

10. Crutcher did not have a structural abnormality of his heart valves. Crutcher did not have structural valvular disease of any kind. See Defendant's Exhibit E at H & H Coffey 000311 (Report of Findings, Office of the Medical Investigator dated March 15, 2007) (“Autopsy Report”); May 25, 2012 Tr. at 277:1–278:6 (Shadoff) (discussing the autopsy report).¹⁴

11. Crutcher did not have coronary artery disease and did not have uncontrolled high blood pressure that would cause his cardiomyopathy. See May 25, 2012 Tr. at 247:11–22 (Shadoff).

12. When Crutcher engaged in substance abuse, i.e., use of alcohol or drugs, like he did in late 2005, his condition deteriorated, and he developed heart failure symptoms. When he stopped drinking and/or using drugs, however, and resumed his medications, his condition would rapidly improve, within a few weeks, to class I or perhaps class II heart failure symptoms. See Plaintiff's Exhibit 2 at H & H Coffey 001347 (Documents Re: Andrew Crutcher, Received by Way of Subpoena to Reno–Sparks Tribal Health Center); Medical Records from Dr. Challapalli at H & H Coffey 00048; Challapalli Depo. at 39:7–19, 41:2–23.

13. When he returned to substance abuse and stopped his medications, there would, after about four months, be a decline in heart function or decompensation. See May 25, 2012 Tr. at 250:8–251:16 (Shadoff, Mitchell); Plaintiff's Exhibit 4 at H & H Coffey 000290–91(Medical Records from Gallup Detention).¹⁵

14. Crutcher had gaps in time when he did not fill his medication prescriptions for several months at a time. See May 25, 2012 Tr. at 254:17–255:3 (Mitchell, Shadoff); Medical Records from Gallup Detention at H & H Coffey.

15. Dr. Challapalli did not see Crutcher between May 2005, and January 2006. See Challapalli Depo. at 38:7–11, 42:9–13; Medical Records from Dr. Challapalli at H & H Coffey 00048.

16. A progress note record dated January 16, 2006, in Crutcher's medical records from Sierra Nevada Cardiology Associates is the last notation in the medical records indicating that Dr. Challapalli saw Crutcher; at that time, Crutcher had Class I to perhaps Class II heart failure symptoms. See Challapalli Depo. at 38:7–11, 41:13–23, 42:9–13; Medical Records from Dr. Challapalli at H & H Coffey 00048.

17. At that time, Crutcher's ability to function was essentially normal, and he had limited ability to function only with extreme exertion. See May 25, 2012 Tr. at 253:3–6 (Mitchell, Shadoff).

2. Crutcher's Conviction and Incarceration in Nevada Through the BIA.

18. Congress provided that the BIA “shall be responsible for providing ... law enforcement services in Indian...