Davis v. Buchanan Cnty.

Decision Date24 August 2021
Docket Number No. 20-1843, No. 20-2076,No. 20-1842, No. 20-2075, No. 20-1845, No. 20-2292, No. 20-1846,20-1842
Citation11 F.4th 604
Parties 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, 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, 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
CourtU.S. Court of Appeals — Eighth Circuit

William W. Bird, BIRD LAW FIRM, PC, Liberty, MO, Pamela Kay Blevins, LAW OFFICE OF PAM BLEVINS, Saint Joseph, MO, Michelle Dee Carpenter, KRANITZ & SADOUN, Saint Joseph, MO, for Plaintiffs - Appellees Brenda Davis and Frederick Stufflebean.

Jeffrey A. Bullins, John Wesley Smith, SIMPSON & LOGBACK, Overland Park, KS, for Defendant - Appellant Michelle Munger.

John F. Logan, David Michael Tyrrell, Merritt Bradley Watson, LOGAN & LOGAN, Prairie Village, KS, for Defendant - Appellant Fredrick Covillo.

Richard Acosta, Roger W. Slead, HORN & AYLWARD, Kansas City, MO, for Defendant - Appellant Corizon Health, Inc.

John R. Hicks, Emily Tung, NORRIS & KEPLINGER, Overland Park, KS, for Defendants - Appellants Advanced Correctional Healthcare, Inc., Ann Marie Slagle and April Powers.

David S. Baker, Kenneth Joseph Berra, David A. Cadoret, Nichole Caldwell, FISHER & PATTERSON, Overland Park, KS, for Defendants - Appellants Mike Strong, Jody Hovey, Brian Gross and Dustin Nauman.

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 defendantsmotions 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...

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