Davis v. Buchanan Cnty., 20-1842

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBENTON, CIRCUIT JUDGE.
PartiesBrenda Davis; Frederick Stufflebean Plaintiffs - Appellees v. Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo Defendants Michelle Munger Defendant-Appellant Karen S. Williams Defendant Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees v. Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman Defendants Fredrick Covillo Defendant-Appellant Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees v. Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden Defendants Corizon Health, Inc. Defendant-Appellant Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees v. Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman Defendants Advanced Correctional Healthcare, Inc. Defendant-Appellant Catherine Van Voorn, MD Defendant Ann Marie Slagle, LPN Defendant-Appellant Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN Defendants April Powers, also known as April Griffin, also known as April Helsel Defendant-Appellant Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees v. Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook Defendants Mike Strong; Jody Hovey Defendants - Appellants Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees v. Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey Defendants Brian Gross Defendant-Appellant Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees v. Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey Defendants Brian Gross Defendant-Appellant Natalie A. Bransfield Defendant Dustin Nauman Defendant-Appellant Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants
Decision Date24 August 2021
Docket Number20-1845,20-1843,20-1846,20-2292,20-1842,20-2076,20-2075

Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees
v.

Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo Defendants

Michelle Munger Defendant-Appellant Karen S. Williams Defendant Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees
v.

Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman Defendants

Fredrick Covillo Defendant-Appellant Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees
v.

Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden Defendants

Corizon Health, Inc. Defendant-Appellant Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees
v.

Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman Defendants

Advanced Correctional Healthcare, Inc. Defendant-Appellant Catherine Van Voorn, MD Defendant Ann Marie Slagle, LPN Defendant-Appellant Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN Defendants April Powers, also known as April Griffin, also known as April Helsel Defendant-Appellant Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees
v.

Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook Defendants

Mike Strong; Jody Hovey Defendants - Appellants Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees
v.

Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey Defendants

Brian Gross Defendant-Appellant Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants Brenda Davis; Frederick Stufflebean Plaintiffs - Appellees
v.

Buchanan County, Missouri; Harry Roberts; Dan Hausman; Ron Hook; Mike Strong; Jody Hovey Defendants

Brian Gross Defendant-Appellant Natalie A. Bransfield Defendant Dustin Nauman Defendant-Appellant Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams Defendants

Nos. 20-1842, 20-1843, 20-1845, 20-1846, 20-2075, 20-2076, 20-2292

United States Court of Appeals, Eighth Circuit

August 24, 2021


Submitted: June 17, 2021

Appeal from United States District Court for the Western District of Missouri - St. Joseph

Before GRUENDER, BENTON, and STRAS, Circuit Judges.

BENTON, CIRCUIT JUDGE.

Justin A. Stufflebean died after allegedly being denied necessary medication while incarcerated at the Buchanan County Jail and the Western Reception Diagnostic and Correctional Center. His parents, Brenda Davis and Frederick Stufflebean, asserted 42 U.S.C. § 1983 and wrongful death claims against, among others: Jerry Michael Strong, Jody W. Hovey, Brian M. Gross, Dustin R. Nauman, Dr. Frederick V. Covillo, Michelle L. Munger, Ann Marie Slagle, April L. Helsel, Advanced Correctional Healthcare, Inc, and Corizon, LLC. The district court denied the defendants' motions to dismiss and motions for summary judgment, ruling they are not entitled to qualified or official immunity.[1] They appeal. Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part, reverses in part, and remands for proceedings consistent with this opinion.

I.

On October 26, 2015, Justin Stufflebean was sentenced to 15 years in prison by the Circuit Court of Buchanan County, Missouri. That day, during his sentencing hearing, Stufflebean's longtime doctor testified on the severity of his Addison's disease and hypoparathyroidism-both endocrine disorders. Addison's disease is characterized by the adrenal glands' failure to produce enough cortisol, an essential hormone that helps the body cope with stress and is critical to maintaining normal blood pressure and cardiovascular function. The disease also causes the adrenal glands to insufficiently control the body's calcium levels. Hypoparathyroidism causes decreased function of the parathyroid glands, which can lead to low levels of calcium.

Stufflebean's doctor testified he was "dependent upon the cortisol to be given to him exogenously," especially during times of stress. He testified, "Stufflebean suffers from one of the lowest calcium levels that any of us doctors have ever seen in the hospital and that can make him quite-makes him quite ill and very badly damaging to a body and can be life-threatening in and of itself also and has to be controlled." He testified that without medication, Stufflebean's Addison's disease would "flare up," resulting in "fatigue, malaise that's followed by severe nausea, vomiting, [and] dehydration." He testified that "if not intervened upon in the hospital . . ., it can be death within 24 to 48 hours." He testified that in the past calendar year, Stufflebean was hospitalized 16 times for treatment, not counting numerous emergency room and doctor visits. He also testified that Stufflebean was taken to the emergency room the week before his sentencing.

Sheriff's Deputy Brian Gross was assigned to the courtroom during Stufflebean's sentencing hearing, including during the doctor's medical testimony. His duties included maintaining courtroom order and transporting those sentenced from the courthouse to the Buchanan County Jail. As the transporting officer, he was expected to tell the jail booking officer if he believed a new inmate was a medical, mental health or suicide risk when brought to the jail.

After sentencing, Gross took Stufflebean into custody and walked him across the street to the jail. Per the jail's Medical Intake Screening questionnaire, the booking officer, Sheriff's Deputy Dustin Nauman, asked Gross if he "believe[s] that inmate is a medical, mental health or suicide risk now?" Gross did not report Stufflebean's medical conditions or treatments to Nauman. Nauman recorded "No" to the question on Stufflebean's intake form.

Nauman completed the remaining intake questions with Stufflebean. Stufflebean was previously booked by the jail in 2014 and was labeled on his previous intake form as having a "Special Conditions-Medical." Nauman answered "No" to the question "Was inmate a medical, mental health or suicide risk during any prior contact or confinement with department?" In response to the question "Are you currently under a physician's care? If yes, explain," Nauman answered "No." In response to the question "Are you currently taking any medications? If yes, list types, dosage, and frequency," Nauman listed Stufflebean's various medications, but not their dosages or frequencies. He recorded Stufflebean's various ailments, including abdominal pain, asthma, ulcers, runny nose, nasal congestion, unexplained weight loss, loss of appetite, night sweats, and fatigue. He answered "Yes" to the question "Did you refer the inmate to medical?" He did not classify Stufflebean as "High Risks-Medical" or "Special Conditions-Medical." He testified that the day Stufflebean was booked, he contacted a nurse to let them know he "booked in somebody that has medical issues."

Advanced Correctional Healthcare, an Illinois corporation providing healthcare at jails, provided on-site licensed practical nursing coverage to the jail. Nurse Ann Slagle, an ACH employee, was on duty when Nauman referred Stufflebean to the nurses for medical treatment. It is alleged she was the nurse contacted by Nauman. Stufflebean was not visited by a nurse during his 11 hours in the holding cell booking area immediately after intake.

The day of Stufflebean's booking, Slagle received his medications, brought to the jail by his mother, Brenda Davis-NATPARA[2], melatonin, hydrocodone, ondansetron,...

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