Conforti v. Cnty. of Ocean

• Docket Number: A-1 September Term 2022,086206
• Decision Date: 10 August 2023
• Citation: Conforti v. Cnty. of Ocean, 255 N.J. 142, 299 A.3d 747 (N.J. 2023)
• Parties: Carol Ann CONFORTI, individually and as administratrix ad prosequendum of the Estate of Kenneth Conforti and as parent natural guardian and guardian ad litem of A.C., a minor, Plaintiff-Respondent, v. COUNTY OF OCEAN, Ocean County Board of Chosen Freeholders, in their individual and official capacities, Ocean County Department of Corrections, Warden Theodore J. Hutler, in his individual and official capacity, and Corporal Petrizzo, Defendants-Appellants, and Correctional Health Services, LLC, Prison Health Services, Inc., and Kelly Clough, Defendants.
• Court: New Jersey Supreme Court

255 N.J. 142

299 A.3d 747

Carol Ann CONFORTI, individually and as administratrix ad prosequendum of the Estate of Kenneth Conforti and as parent natural guardian and guardian ad litem of A.C., a minor, Plaintiff-Respondent, v. COUNTY OF OCEAN, Ocean County Board of Chosen Freeholders, in their individual and official capacities, Ocean County Department of Corrections, Warden Theodore J. Hutler, in his individual and official capacity, and Corporal Petrizzo, Defendants-Appellants, and Correctional Health Services, LLC, Prison Health Services, Inc., and Kelly Clough, Defendants.

A-1 September Term 2022

086206

Supreme Court of New Jersey.

Argued January 30, 2023

Decided August 10, 2023

Vito A. Gagliardi, Jr., argued the cause for appellants (Porzio, Bromberg & Newman, attorneys; Vito A. Gagliardi, Jr., of counsel and on the briefs, and Eliyahu S. Scheiman and Thomas J. Reilly, Morristown, on the briefs).

Donald F. Burke, Jr., argued the cause for respondent (Law Office of Donald F. Burke, attorneys; Donald F. Burke, on the brief).

Michael J. Epstein argued the cause for amicus curiae New Jersey Association for Justice (The Epstein Law Firm, attorneys; Michael J. Epstein, of counsel and on the brief, and Michael A. Rabasca, Rochelle Park, on the brief).

Karen Thompson argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Karen Thompson, Alexander Shalom, Newark, and Jeanne LoCicero, on the brief).

JUSTICE WAINER APTER delivered the opinion of the Court.

On October 20, 2010, Kenneth Conforti wrote a suicide note, closed the door to his cell at the Ocean County Jail (OCJ), and covered the cell door window with a sheet. He then tied bedsheets together and hung himself from a ceiling light fixture over the toilet.

Plaintiff, Kenneth Conforti's wife, sued Ocean County, the Ocean County Board of Chosen Freeholders, the Ocean County Department of Corrections, retired OCJ Warden Theodore Hutler, and OCJ Corporal Peter Petrizzo (collectively, County defendants or defendants) for negligence and a violation of the New Jersey Civil Rights Act (NJCRA). After a trial, the jury found defendants negligent and awarded damages to plaintiff.

Defendants claim they are immune from liability for negligence by provisions of the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:6-4, -5, and -6, and the jury's verdict against them must therefore be overturned. We agree with defendants that the definition of "medical facility" under N.J.S.A. 59:6-1 does not restrict the substantive immunities granted in N.J.S.A. 59:6-4, -5, or -6. As defendants point out, none of those three provisions are limited to medical facilities. Instead, they grant immunities to public entities and public employees. We also agree with defendants that the immunities set forth in N.J.S.A. 59:6-4, -5, and -6 are not "superseded in the jail suicide context."

However, there was evidence presented in this case, both at the summary judgment stage and at trial, that falls outside of any immunities granted by N.J.S.A. 59:6-4, -5, and -6. The jury could reasonably have concluded from that evidence that the County defendants were negligent. The trial court was therefore correct to refuse to dismiss plaintiff's negligence count at the summary judgment stage and to refuse to overturn the jury's verdict after trial. We accordingly affirm the judgment of the Appellate Division, as modified.

I.

A.

Kenneth Conforti (Conforti) became totally disabled due to a workplace injury to his back. After unsuccessful surgery, he was left in chronic pain. He initially obtained medical treatment through worker's compensation, but after treatment terminated, he began self-medicating with alcohol. In the summer of 2010, his wife, plaintiff Carol Ann Conforti, obtained a restraining order against him, and he moved in with his sister. On September 8, 2010, Conforti was arrested for violating the restraining order by returning to the marital home to see his then-nine-year-old son, A.C. A.C. has Down syndrome and is deaf and non-verbal.

Conforti was taken to the OCJ, where he was evaluated by a staff member of defendant Correctional Health Services (CHS). Pursuant to a contract with the Ocean County Department of Corrections (DOC), CHS provided all medical and mental health services to OCJ inmates, including intake evaluations, examinations, screenings, and treatment. A CHS staff member wrote on the "Intake Receiving and Screening" form that Conforti reported (1) drinking half a gallon of vodka each day; (2) major surgery that left him with rods and screws in his back; (3) feeling "hopeless or helpless"; and (4) the "[r]ecent significant loss" of his marriage. The form indicated that Conforti denied use of any pain or psychotropic medication, any history of anxiety or depression or any other mental health disorder, and any history of suicide attempts or suicidal thoughts.

Because of his reported alcohol abuse, Conforti was admitted to OCJ's medical unit for observation. He also underwent a psychiatric evaluation, during which he reported no psychiatric symptoms and denied any psychiatric history, anxiety or depression, suicidal ideations, or history of suicide attempts. After exhibiting no symptoms of alcohol withdrawal, Conforti was cleared to enter OCJ's general population on September 10. A physician prescribed him one extra mattress and 600 mg of Motrin for chronic back pain, and instructed that he not be assigned work or a top bunk. For alcohol dependence, Conforti was given a multi-vitamin and the medication Librium. After twenty-seven days in jail, Conforti was released on October 4, 2010.

Just over a week later, Conforti was arrested for again violating the restraining order by returning to the marital home to see A.C. He arrived at OCJ on October 13, 2010. During his intake with a CHS nurse, Kelly Clough, Conforti indicated he had never previously been incarcerated at OCJ. Clough took Conforti at his word and filled out the same "Intake Receiving and Screening" form that had been filled out by a CHS staff member in September. This time, though, Clough marked on the form that Conforti reported no major surgical history, did not "feel helpless or hopeless," had no "[r]ecent significant loss," and was only a "social" drinker. Although Conforti was admitted to the jail with the same inmate number he had in September, and records from his earlier incarceration were thus available to her, Clough did not review them.

However, a document from Conforti's file titled "Progress Notes," written on October 14 by CHS mental health staff, indicated that Conforti was seen "upon his return to OC jail" and had been previously incarcerated in the jail on September 10 for the same offense. The note reported that Conforti had a "[history] of binge drinking" but denied recent use, denied current suicidal thoughts, had no psychological history, and had "[n]o current mental health issues/concerns." It therefore indicated he was cleared for OCJ's general population.

Conforti was initially assigned to a cell with two beds, but was then transferred to a cell with one bed, which was already occupied by another inmate. Conforti thus had to sleep on the floor. On October 16, Conforti requested medical attention for back pain. Two days later, Clough responded that he could purchase Motrin or Tylenol from the commissary.

On October 20, 2010, Conforti wrote a suicide note to his parents, stating that death was "the only way for [him] to stop" -- otherwise, he "would have continued to drink and get locked up." He dated the note "10/20/10, 9:32 am." At some point thereafter, Conforti closed the door to his cell, causing it to lock automatically, and covered the cell door window with a sheet. He then tied bedsheets together and hung himself from a ceiling light fixture over the toilet.

Testimony at trial established that an inmate closing a cell door would cause the door to lock automatically and trigger a light in the control tower to alert staff that the door was locked. An officer was stationed in the control tower -- a raised glass enclosure -- at all times to monitor such alerts and to supervise the inmates both through the glass and through video surveillance. Surveillance footage of the hallways, general housing areas outside Conforti's cell, and the outside of cell doors existed and was preserved after Conforti's death. However, Warden Sandra Mueller testified that it subsequently became unviewable for technological reasons.

Corporal Peter Petrizzo, filling in as a floor officer in Conforti's housing unit on October 20, testified that he was required to walk the 130-inmate unit once per hour for health and welfare checks, to ensure the inmates were safe and abiding by OCJ policies. That included OCJ rules that "[c]ell doors will remain unobstructed with no items hung on or over the door."

According to Corporal Petrizzo, the checks had to be conducted hourly, and he switched the order of the cell blocks so that he would not check the same cell block at the same time each hour. The OCJ Suicide Prevention Policy specifically states that officers "should make unsystematic patrols of the housing area" to "hinder the inmate's efforts" of timing the patrols and to "increase the possibility of successful intervention" if an inmate were to attempt suicide. Yet the health and welfare logbook indicates that Corporal Petrizzo checked Conforti's cell block on October 20 at 8:03 a.m., 9:02 a.m., 9:56 a.m., 11:02 a.m., and 12:03 p.m.

It is not clear exactly when DOC staff first responded to a "possible suicide" in Conforti's housing unit. The logbook was maintained by the tower officer, and any change was supposed to be initialed, with a reason provided for the change. Despite that, the time of the entry that followed the 12:03 p.m. health and welfare check was overwritten or obliterated with a 12:55 p.m. notation...