Doyle v. United States
| Decision Date | 28 January 1982 |
| Docket Number | Civ. A. No. 77-3528-RJK. |
| Citation | 530 F. Supp. 1278 |
| Parties | Sharon Lee DOYLE, Paul J. Doyle and Isabelle Doyle, Plaintiffs, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — Central District of California |
COPYRIGHT MATERIAL OMITTED
James F. McGahan, McGahan & Engle, Ventura, Cal., and Mary E. Schroeder, Romney, Drescher & Romney, Santa Paula, Cal., for plaintiffs.
Scott L. Gorland, Atty., Civil Division, U. S. Dept. of Justice, Washington, D. C., Andrea Sheridan Ordin, U. S. Atty., Frederick M. Brosio, Jr., Chief Asst. U. S. Atty., Civil Division, Dzintra I. Janavs, First Asst. U. S. Atty., Civil Division, Los Angeles, Cal., for defendant.
I. INTRODUCTION
This is an action for wrongful death, brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq.2 by the parents and surviving spouse of James Doyle. Mr. Doyle, a security guard at Ventura College, Ventura, California, was killed on March 23, 1975 by Carl Russell Carson who had been discharged by the United States Army on March 21, 1975. Briefly summarized, plaintiffs claim that Army medical personnel negligently failed to diagnose Carson as being psychotic and failed to warn Carson's potential victims as to his dangerousness. Plaintiffs also claim that Carson was discharged negligently and in violation of Army regulations.
II. THE FACTS
The facts are these. Carson, then 19 years old, was inducted into the United States Army on January 31, 1975, whereupon he was assigned to Fort Polk, Louisiana for basic training. Carson disliked the Army and within two weeks of his induction deliberately violated his company commander's orders in the hope of precipitating a discharge from the Army. As a consequence of this incident, Carson was charged with two violations of the Uniform Code of Military Justice (UCMJ).
In the course of subsequent conversation with his company commander, Captain Melvin G. Engstrom, Carson said he wanted a discharge because he had joined the Army in order to learn to kill people, but the Army was not teaching this to him quickly enough. He also indicated that his thoughts about killing persons vacillated and that although he didn't have the desire to kill at that moment, his feelings were apt to change. Because of these statements, Captain Engstrom asked the unit chaplain, Captain Richard H. Whaley, to speak to Carson.
Chaplain Whaley met with Carson who stated that he had joined the Army to learn to kill and indicated that he would use the knowledge to kill his parents. While he appeared to be resentful of authority, Carson did not mention any intention to kill police officers or Ventura College security guards. And Carson indicated that while he had violent thoughts at the time he entered the Army, he no longer felt that he wanted to learn to commit acts of violence. Chaplain Whaley concluded that Carson was an anti-social person with little respect for authority and that he should be discharged as soon as possible. Chaplain Whaley reported this to Captain Engstrom and also recommended that Carson see a psychiatrist.
On February 11, 1975, Captain Engstrom ordered Carson to see an Army psychiatrist. As it turned out, before being examined by a psychiatrist, Carson was seen by three Army counselors, Daniel V. Landsverk, Gary Kerns and Gregory T. Crow, whose job it was to interview and screen individuals who were referred to the Fort Polk Hospital for psychiatric examination. The first interview was conducted on February 11, 1975 by Landsverk to whom Carson stated that he did not like people, that since approximately 15 years of age he had had sporadic violent feelings, and that he had joined the Army to learn to kill. Landsverk concluded that Carson did not have any present intent to kill but that he had some homicidal tendencies which merited evaluation. But Landsverk was also not able to rule out the possibility that Carson was malingering in order to obtain a discharge.
On the following morning, Carson was interviewed by Kerns. Carson once again discussed his ideas about killing persons but did not threaten anyone, and Kerns' impression was that he posed no immediate danger.
Carson was seen later that day by Crow who spent about an hour with him. Carson described himself to Crow as a loner, with difficulty in relating to his parents, peers and authority figures and expressed his desire to kill as part of a political theory for the bringing down of the government which he said was corrupt. Crow concluded that Carson's thoughts demonstrated a preoccupation with violence which was not directed at himself or any individuals. Crow did not detect any psychosis or severe neurosis, but he felt that Carson's judgment and insight were "slanted."
On February 13, 1975, at the insistence of Captain Engstrom, Carson was finally seen by an Army psychiatrist, Dr. Robert W. Johansen. During the interview, Carson told of his recurring interest in violence, stated that he had joined the Army to learn to kill people and indicated he had thought about killing his parents. Carson told Dr. Johansen, however, that he did not presently feel a need to kill. Carson additionally stated that he felt isolated from other people, that he had to look out for himself and that other persons did not matter.
Dr. Johansen concluded that Carson had a relative lack of feeling about killing. Also Carson appeared to be very desirous of being discharged from the Army, and Dr. Johansen therefore suspected that Carson's statements about killing were made in a deliberate attempt to obtain a discharge.
Dr. Johansen nonetheless decided that Carson should be observed for evidence of psychotic behavior, and on February 13, 1975 Carson was admitted to the Neuropsychiatric Ward of the Fort Polk Hospital. In an attempt to alleviate Carson's anxiety, Dr. Johansen ordered the administration of thorazine, an antipsychotic drug and tranquilizer, at the rate of 50 milligrams a day, four times a day. At the ward, the nursing staff made daily notes on his behavior and an oral report was given each morning to Dr. Johansen. The nurses found Carson to be cooperative and oriented and adjusting well to the ward. While there he told the nursing staff that he wanted a discharge from the Army and he repeated his earlier statement that he joined the Army because of a desire to kill people. After seeing Carson on rounds, Dr. Johansen concluded that Carson verbalized his aggressive fantasies in order to shock people and compensate for a very inadequate personality. On February 18, 1975, Dr. Johansen ordered him discharged from the hospital.
Upon his discharge from the hospital, Carson briefly went AWOL and when he returned to his unit he was relieved from recruit training and assigned office work and light maintenance duties. He performed these duties for approximately four weeks, during which he was cooperative and functioned without apparent incident.
On the basis of his examination and hospitalization, Dr. Johansen found that Carson was oriented as to person, place and time and that his associations were appropriate. There was no indication of delusions or hallucinations although Carson's affect appeared inappropriate to his speech. Additionally, Dr. Johansen took note of Carson's aggressive expressions, lack of social conscience, difficulty with authority figures and failure to obey orders.
Dr. Johansen's diagnosis was that Carson's judgment and insight were chronically poor and that he had a chronic and severe anti-social character disorder which seriously impaired his ability to serve in the Army. Importantly, Dr. Johansen also decided that Carson was in touch with his environment, that he was responsible for his actions and that he was not psychotic.
In making his evaluation, Dr. Johansen observed that Carson apparently had little moral conscience and a lack of feeling about killing. This observation was offset by Carson's cooperation and lack of aggression while under Dr. Johansen's care. Additionally, Carson was in touch with his environment. Considering these factors and considering Carson's repeated requests for a discharge, Dr. Johansen concluded that Carson's violent statements were manipulative attempts to make himself appear undesirable.
As was noted earlier, Carson had previously been charged with two violations of the Uniform Code of Military Justice. These charges were referred to a special court martial and on February 26, 1975, pursuant to legal advice, Carson requested, in lieu of a court martial, a discharge for the "good of the service" pursuant to the provisions of Chapter 10, Army Regulation (AR) 635-200.
Carson's request for a Chapter 10 discharge was considered by Major General Robert Haldane, the commanding general of Fort Polk who was also its general court martial convening authority. Prior to making his decision, General Haldane considered Carson's medical and administrative files and the recommendation of Captain Engstrom. Additionally, General Haldane's legal advisor, Lt. Colonel Richard Boller, spoke personally both to Carson and Dr. Johansen about Carson's violent statements. After reviewing the records and discussing the case with Colonel Boller, General Haldane concluded that Carson's statements were those of a recruit who could not adjust to the Army and whose objective was to obtain a discharge. Accordingly, on March 12, 1975, General Haldane directed that Carson be issued a general discharge.
Upon his discharge on March 21, 1975, with funds provided by the Army, Carson returned to his home in Ventura, California. Two days later, on March 23, 1975, Carson took his hunting rifle and walked to the campus of Ventura College, located near his home. There, encountering Mr. Doyle who was patrolling the campus, Carson acted out a recurring fantasy by shooting and killing Mr. Doyle and by taking his handgun. Carson was subsequently convicted of murder by a...
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