Dykes v. Inmate Servs. Corp.

• Decision Date: 23 January 2017
• Docket Number: Civil Action No. 9:14-cv-3609-RMG-MGB
• Parties: Michael Dykes and Wendy Dykes, Plaintiffs, v. Inmate Services Corporation, Defendant.
• Court: U.S. District Court — District of South Carolina

Michael Dykes and Wendy Dykes, Plaintiffs, v. Inmate Services Corporation, Defendant.

Civil Action No. 9:14-cv-3609-RMG-MGB

DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION

January 23, 2017

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND ORDER

The Plaintiffs seeks relief pursuant to state law as well as Title 42, United States Code, Section 1983 and Section 1988. (See generally Dkt. No. 1-1.) This matter is before the Court upon Defendant's Motion for Summary Judgment (Dkt. No. 90); Defendant's Motion to Exclude Plaintiffs' Proposed Expert, Dr. David Armstrong (Dkt. No. 91); Plaintiffs' Motion to Exclude Expert Testimony (Dkt. No. 92); and Plaintiffs' Motion to Exclude Designated 30(b)(6) Witness Testimony (Dkt. No. 93).

Pursuant to the provisions of Title 28, United States Code, Section 636(b)(1) and Local Rule 73.02(B)(2)(d) and (f), D.S.C., all pretrial matters in the instant case have been referred to a United States Magistrate Judge for consideration.

Plaintiffs filed the instant Complaint in the Hampton County Court of Common Pleas on August 8, 2014; Defendant removed the case on September 10, 2014. (See Dkt. No. 1-1; Dkt. No. 1.) On November 6, 2014, Hampton County filed a Motion "for Joinder." (Dkt. No. 10.) On June 21, 2015, Hampton County's motion was granted, and Plaintiffs were instructed to file their Amended Complaint within fifteen days. (Dkt. No. 42.) Plaintiffs did so and filed a Motion to Remand. (See Dkt. No. 48; see also Dkt. No. 62.) On November 13, 2015, the undersigned conducted a hearing, during which the Amended Complaint was stricken as unauthorized; HamptonCounty's motion was reopened and denied, such that Hampton County was no longer a party; and the case was restored to its posture prior to Hampton County's motion. (See Dkt. No. 62.)

On May 23, 2016, Defendant Inmate Services Corporation filed a Motion for Summary Judgment (Dkt. No. 90) as well as a Motion to Exclude Plaintiffs's Proposed Expert, Dr. David Armstrong (Dkt. No. 91). That same day, Plaintiffs filed two motions: a Motion to Exclude Expert Testimony (Dkt. No. 92); and a Motion to Exclude Designated 30(b)(6) Witness Testimony (Dkt. No. 93). These motions have been fully briefed and are ripe for review.

I. BACKGROUND

Plaintiffs, a husband and wife, allege three causes of action against Defendant Inmate Services Corporation: (a) negligence/gross negligence; (b) violations of 42 U.S.C. § 1983, and (c) loss of consortium. (See generally Compl.; Dkt. No. 1.) Plaintiffs allege that Mr. Dykes "suffers from a severe form of diabetes, which was known or should have been known by the Defendant." (Dkt. No. 1-1 at ¶ 7.) According to Plaintiffs, Defendant accepted the care, custody, control and responsibility for Mr. Dykes on or about July 5th 2013 in transporting Mr. Dykes from the Hampton County Detention Center to another location. (Dkt. No. 1-1 at ¶¶ 10-11.) Plaintiffs allege that when Defendant's agents and/or employees "received custody of [Mr. Dykes], [he] was in declining health due to the lack of medical care at the Hampton County [D]etention Center" and that his "serious medical condition was patently obvious." (Id. at ¶ 10.)

Plaintiffs further allege that Mr. Dykes "made numerous complaints about his declining health, his urgent medical condition, dire need for medical attention and proper medications to Defendant corporation's agents and/or employees," but that these employees "failed to allow [Mr. Dykes] access to medical care" and "failed and refused to properly store and allow proper administration of the [Mr. Dykes'] necessary medications, . . . despite [Mr. Dykes'] instructions and repeated requests." (Id. ¶¶ 8-9, 12.) According to Plaintiffs, "as a direct and proximate result of the Defendant corporation's failure to provide medical care, treatment and proper medication, [Mr.Dykes] suffered serious and debilitating bodily injury which required multiple amputations of his feet, ankles, and legs, which seriously and permanently damage[d] and disfigured [Mr. Dykes]." (Id. ¶ 13.) Plaintiffs seek, inter alia, actual and punitive damages. (Id. ¶ 14.)

II. FACTS

As noted above, there are numerous motions pending in the instant action: Defendant's Motion for Summary Judgment (Dkt. No. 90); Defendant's Motion to Exclude Plaintiffs' Proposed Expert, Dr. David Armstrong (Dkt. No. 91); Plaintiffs' Motion to Exclude Expert Testimony (Dkt. No. 92); and Plaintiffs' Motion to Exclude Designated 30(b)(6) Witness Testimony (Dkt. No. 93). Before turning to the merits of the individual motions, a review of some of the evidence before the Court is helpful.

A. BEFORE ARREST

Mr. Dykes testified during his deposition in July of 2015 that he was first diagnosed as a diabetic "[p]robably 13 years ago, 14 years ago." (Dkt. No. 91-2 at 20-21.) When asked to describe his attention to his diabetic condition, Mr. Dykes stated, "I take very good care of myself." (Dkt. No. 91-2 at 21.) Mr. Dykes stated, however, that he did not have a primary care physician in 2007 or 2008; he indicated his first "true primary care physician" was Dr. Smith, whom Mr. Dykes began seeing in the latter part of 2012. (Dkt. No. 91-2 at 27.) When asked who would know Mr. Dykes' medical history from 2010 to 2012, Mr. Dykes stated,

I couldn't really answer that, because I've pretty much on my own most of my life, so if I needed to go to the doctor, I went to the doctor. If I didn't, I didn't. So I don't think there's really anybody I could tell you to talk to on that basis.

(Dkt. No. 91-2 at 28.) When asked if he saw "anybody on a regular basis for the treatment of [his] diabetes before November 1, 2012," Mr. Dykes stated, "Like I stated before, only as need be." (Dkt. No. 91-2 at 134.)

Mr. Dykes was arrested and booked into the Hampton County Detention Center on June 18, 2012. (See Dkt. No. 97 at 1 of 9; see also Dkt. No. 90-1 at 6 of 24.) The record before this Courtcontains only two medical records prior to Mr. Dykes' arrest: one dated June 12, 2012, from Low Country Health Care System, (Dkt. No. 90-4), and another dated June 15, 2012, from Palmetto Primary Care Physicians, (Dkt. No. 90-5). The June 12, 2012 record identifies Mr. Dykes as a new patient with insulin dependent diabetes mellitus, Type II, "who has been treating his own diabetes for the past year." (Dkt. No. 90-4 at 1-2 of 4.) The "physical exam" section of this medical record states, inter alia, "There is a small (less than dime sized[)] noninfected ulcer to the medial malleolar area of the right ankle." (Dkt. No. 90-4 at 2 of 4.) The record further states, "No edema is present to either lower extremity. Pulses appear to be adequate bilaterally." (Id.) As to the "wound open, knee/leg/ankle w/tendon," the notes state, "Started Bactroban 2%, Apply Ointment bid (sic) to wound on foot, 30 Ointment, 06/12/2012, Ref. x2." (Dkt. No. 90-4 at 3 of 4.)

Mr. Dykes was seen on June 15, 2012, by Christopher Egan, PA, at Palmetto Primary Care. (Dkt. No. 90-5.) The "history of present illness" section of the medical record states, inter alia,

On 06/15/2012, Michael Dykes . . . presented with:

. . .

-Diabetes Mellitus-Type I which began years ago. Severity was described as uncontrolled. Duration is constant. The timing was gradual onset. It is aggravated by poor diet and relieved by unknown. An associated sign and symptom is pt states he has severe neuropathy-pt has been on many meds, pt states he has severe pain from neuropathy. Glucose levels were reported by the patient to be high.

-neuropathy which began 4 months ago. It was located on the b/1 LE and was non-radiating. Michael characterized the quality as sharp and burning pain. Severity was described as moderate and severe. Context of injury was pt has severe DM I. Duration is constant. The timing was gradual onset. It is aggravated by poorly controlled DM I and relieved by insulin. An associated sign and symptom is pt states his last A1c was 11, + blurry vision, + b/1 neuropathy, + 3 P's.

(Dkt. No. 90-5 at 1 of 3.) The record indicates that Mr. Dykes has "open lesions on feet b/1" and/or "+2 mm scabbed wound on R medial malleous, no drainage." (Dkt. No. 90-5 at 1-2 of 3.) The "assessment" section of the medical record states as follows:

1. Diabetes Mellitus Type I, Uncontrolled 2. Diabetic foot ulcer (NIDDM-adult-controlled), New

3. Chronic Pain Syndrome, New

4. Neuropathy lower extremity/Bilateral, New

(Dkt. No. 90-5 at 2-3 of 3.) The record indicates that the patient was counseled on "wound care and report[ing] worsening of symptoms/fever" and that he was to "use bactroban oint for wound." (Dkt. No. 90-5 at 3 of 3.) He was referred to an endocrinologist and pain management specialist; he was directed to have return visits in two weeks and one month. (Id.)

B. HAMPTON COUNTY DETENTION CENTER

As noted above, Mr. Dykes was arrested on June 18, 2012, three days after his last medical appointment. During his deposition, Mr. Dykes stated that when he was arrested, his foot was so sore that he could not walk properly and the arresting officers "put their arms under [his] arms so [he] could walk, because [he] couldn't put any pressure on [his] foot." (Dkt. No. 91-2 at 35-37.) Mr. Dykes stated that when he went into custody at the Hampton County Detention Center, he told them about his health condition¹ and that he had an appointment the next day to see a surgeon, Dr. Montenegro, over his foot. (Dkt. No. 91-2 at 30.) Mr. Dykes stated, "Did everything but beg them [to take him to his appointment with Dr. Montenegro] and they didn't take me, that's why I'm sitting here looking like this right now." (Dkt. No. 91-2 at 30.) When asked when he first saw Dr. Montenegro, Mr. Dykes stated,

I had only seen him prior-probably two weeks prior to [his arrest]. I had a little bitty spot on my toe and I was trying to save my foot at that time, I didn't want them to start cutting on me, so the options were I could go in and have a pump put in my footto

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