Coleman v. N.C. Dep't of Pub. Safety
| Docket Number | 3:20-cv-570-MOC-DSC |
| Decision Date | 24 August 2023 |
| Parties | DERRICK COLEMAN, et al., Plaintiffs, v. NORTH CAROLINA DEP'T OF PUBLIC SAFETY, et al., Defendants. |
| Court | U.S. District Court — Western District of North Carolina |
THIS MATTER comes before the Court on a Motion for Summary Judgment by Defendants North Carolina Department of Public Safety, Kristie Brayboy, Peter R. Buchholtz, Byron Burt, Paula Diggs, Kenneth E. Lassiter, Bronnie McLamb, Dana Oliver, Joe Ratley, Reeco Richardson, Deanise Royal, Azenet Salas, Edward Thomas, and Jessica Ward.[1] (Doc. No. 65). For the following reasons, the Court GRANTS Defendants' summary judgment motion and dismisses this action with prejudice.
On September 9, 2018, Devonte Coleman died while in the custody of the North Carolina Department of Public Safety after developing a severe fungal infection. Devonte's parents Derrick and Tangy Coleman (hereinafter “the Colemans”) have filed this lawsuit, individually and as the administrators of Devonte's estate, against the North Carolina Department of Public Safety (“NCDPS”) and various individual prison officials.
Plaintiffs originally filed this action on September 1, 2020, in Mecklenburg Superior Court, naming five defendants and various John and Jane Does. (Doc. No. 1). On October 16, 2020, Defendants removed the case to this Court. (Id.). On November 25, 2020, four of the original five defendants filed their Answer to the original Complaint. (Doc. No. 5). The other defendant (Ronald Rene) filed a Motion to Dismiss. (Doc. No. 10). Plaintiffs stipulated to the dismissal of Ronald Rene. (Doc. No. 17).
On April 6, 2021, Plaintiffs filed the First Amended Complaint, adding ten defendants. (Doc. No. 21). On April 21, 2021, and July 6, 2021, Defendants filed their respective Answers. (Doc. Nos. 32, 37). On November 10, 2021, Plaintiffs filed their Second Amended Complaint, adding three new defendants. (Doc. No. 42).
Defendants are all NCDPS correctional staff members with the following ranks and assignments: Defendant Lassiter is the former Director of Prisons; Defendant Thomas is the former Warden at Central Prison; Defendant Buccholtz is a Regional Director at NCDPS and former Warden at Morrison; Defendant Brayboy is the current Warden at Morrison; and the remaining Defendants (Burt, Richardson, Royal, McLamb, Ward, Olive, Diggs, Salas, and Ratley) were all Correctional Officers or Correctional Sergeants during the relevant times.
On January 14, 2022, Defendants filed their Answer to the Second Amended Complaint. (Doc. No. 49). Subsequently, Defendant Richardson filed his Answer to the Second Amended Complaint. (Doc. No. 59). The parties have concluded discovery, and Defendants filed the pending summary judgment motion on September 27, 2022. The Court held a hearing on the motion on January 18, 2023.
On or about October 6, 2015, Devonte Coleman was convicted of Assault Inflicting Serious Bodily Injury and given a probationary sentence. On April 18, 2017, his probation was revoked, and he was sentenced to one to two years imprisonment. See . On the same date, Devonte was also convicted of two counts of Robbery with a Dangerous Weapon and sentenced to approximately two to four years imprisonment. (Id.). Devonte was 22 years old at the time of his 2017 conviction. (Doc. No. 42 ¶¶ 30, 32).
During his incarceration, Devonte was convicted of nine disciplinary infractions. (Id. at Ex. B). At the time of his death, Devonte had pending infractions for Assaulting Person with Weapon and Involvement with Gang. (Id.). Regarding the pending infractions, it was alleged that, on May 17, 2018, Devonte and approximately 19 other inmates (Id. at Ex. C).
On April 27, 2018, Devonte was transferred to Morrison Correctional Institution (“Morrison”). (Def. Ex. 1 at Ex. D). According to Plaintiffs, by around April of 2018, Devonte's parents Derrick Coleman and Tangy Coleman had stopped receiving calls from Devonte and feared that he was not receiving proper care from NCDPS. (Compl. ¶ 34). During this time, the Colemans repeatedly communicated these fears to NCDPS, but NCDPS withheld information regarding Devonte's medical condition and location. (Id. ¶¶ 36-38).
Starting on May 8, 2018, Devonte complained about his face being numb and swollen. (Def. Ex. 1, Ex. E (Bates 90)). On May 16, 2018, an x-ray showed that Devonte had right maxillary sinusitis, and he was scheduled to be seen by a medical provider the following day. (Id. (Bates 76)). The next day, a medical provider examined Devonte and prescribed medications. (Id. (Bates 73-75)).
On May 29, 2018, Devonte complained about facial pain. (Id. (Bates 69-71)). On June 1, 2018, Devonte was taken to Moore Regional Hospital, which conducted multiple tests and ultimately diagnosed Devonte with periorbital cellulitis. (Id. (Bates 581-83)). Devonte was discharged with new medications and instructions to follow-up with ophthalmology and otolaryngology. (Id.). On June 5, 2018, an ophthalmologist examined Devonte and recommended that Devonte see an Ear, Nose, Throat (“ENT”) doctor. (Id. (Bates 51-52)).
On June 6, 2018, at Central Prison, an ENT doctor examined Devonte and recommended that Devonte be sent to Rex Hospital for further evaluation. (Id. (Bates 48-49; 37-39)). That evening Devonte was sent to Rex Hospital. (Id. at Ex. D). On June 8, 2018, Rex Hospital diagnosed Devonte with an acute sinus infection and discharged him. (Id. at Ex. E (Bates 26)). However, later that day, the surgeon from Rex Hospital called Central Prison to inform them that Devonte had a fungal infection that would require IV antibiotics. (Id.).
Early the next morning on June 9, 2018, Devonte went back to Rex Hospital, where he stayed until he was transferred to Duke University Medical Center (“Duke Hospital”) on June 15, 2018. (Id. at Ex. D (External Movements)). During his hospitalization at Rex Hospital and Duke Hospital, Plaintiffs made the following specific allegations about Defendants[2]:
Plaintiffs failed to make any specific allegations about Defendants McLamb, Ward, and Ratley. (Doc. No. 42). Otherwise, Plaintiffs made numerous general allegations against “the Guards”[3] and/or “Defendants.” (Id.). On or about June 26, 2018, the Colemans learned that Devonte had undergone four major surgeries and they were allowed finally to see him-though his face was swollen beyond even their recognition. (Compl. ¶¶ 43-44).
On or about July 16, 2018, Plaintiffs' counsel sent a Preservation Letter to Morrison, where Devonte had been housed. (See Ex. A). The letter requested the complete file relating to Devonte's incarceration. (Id.). The letter also requested that Morrison preserve all information related to the matter including, but not limited to, all audio recordings and phone calls relating to either Devonte Coleman or Derrick Coleman, a complete listing of all correctional officers or NCDPS employees present with Devonte while he was at the hospital, and any photographs or video recordings taken of Devonte or Derrick Coleman. (Id.).
On or about August 24, 2018, the Colemans were informed that Devonte had days or weeks left to live. (Doc. No. 42 ¶ 69). During this time, Defendants denied numerous pleas by the Colemans and counsel for the Plaintiffs to allow compassionate release of Devonte. (Id. ¶¶ 74-78). According to Plaintiffs, Plaintiffs' counsel was forced to obtain a court Order on or about August 27, 2018, permitting Devonte to be released from custody. (Id. ¶ 76; Doc. 1-1, 43-44). According to Plaintiffs, before they were ordered to release Devonte, Defendants subjected Devonte to humiliating, purposeful, and egregious mistreatment, forming the nucleus of Plaintiffs' claims in this action. (Doc. No. 42).
On or about September 13, 2018, Plaintiffs' counsel again notified NCDPS to preserve specific discovery requests that would soon be issued in the matter. (Doc. No. 1-1, 45-46). These requests included the names of employees at Morrison who fielded Derrick Coleman's phone calls regarding Devonte, the audio recordings of all such calls, and the names of all employees that were in the hospital room with Devonte. (Id.).
Devonte Coleman died on or about September 9, 2018. (Doc. No. 42 ¶ 78). Immediately after Devonte's death, Derrick Coleman requested the return of his son's belongings and letters that were addressed specifically to the Colemans. (Id. ¶ 79). Despite numerous phone calls and requests...
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