Estate of Gomes v. Cnty. of Lake, Case No. 12 cv 4439
| Decision Date | 04 April 2016 |
| Docket Number | Case No. 12 cv 4439 |
| Citation | 178 F.Supp.3d 687 |
| Parties | Estate of Lyvita Gomes, Deceased, by Alfredo Miranda, Administrator, Plaintiffs, v. County of Lake, Mark Curran, Wayne Hunter, Scott Fitch, Correct Care Solutions, LLC, Rozel Elazagui, M.D., Hargurmukh P. Singh, M.D., Jennifer Bibbiano, Ruth Muuru, and Edith Jones, Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
Janine L. Hoft, Janis M. Susler, People's Law Offices, Chicago, IL, for Plaintiffs.
James Gus Sotos, Caroline P. Golden, Jaclyn L. McAndrew, Jeffrey Neil Given, John J. Timbo, The Sotos Law Firm, P.C., Itasca, IL, Robert P. Vogt, David Andrew Brueggen, Weldon-Linne and Vogt, Chicago, IL, for Defendants.
SHARON JOHNSON COLEMAN
Plaintiff filed a seventeen-Count First Amended Complaint against Lake County, individual Lake County Deputy Sheriffs, and the medical personnel employed by Correct Care Solutions at Lake County Jail in December 2011. The Lake County defendants move for summary judgment [130] and the medical defendants move for partial summary judgment [134]. For the reasons set forth below, this Court grants the Lake County defendants' motion and grants in part and denies in part the medical defendants' motion.
The following facts are undisputed.1 In December 2011, plaintiff's decedent, Lyvita Gomes, was a 52-year-old Indian national living in Vernon Hills, Illinois. (Dkt. 132, Lake County Defs. 56.1 Statement of Facts (“SOF”), ¶ 1). Defendant Mark Curran was the Sheriff of Lake County. (Id. at ¶ 2). Defendant Wayne Hunter was the Deputy Chief of Administration and acting Chief of Corrections for the Lake County jail. (Id. at ¶ 3). As acting Chief of Corrections, Chief Hunter supervised and met with Deputy Chief Megan Mercado, every day to discuss jail business. (Id. ) Deputy Chief Mercado was responsible for running the day-to-day operations of Lake County jail. (Id. ) Chief Hunter also met daily with Sheriff Curran. (Dkt. 142, Pl. Resp. to Defs. SOF, at ¶ 3). Although Chief Hunter has a master's degree in counseling psychology, his duties at the jail did not include providing mental health care to inmates. (Id. at ¶ 4). Defendant Correct Care Solutions (“CCS”) was responsible for providing all medical and mental health care services to inmates at Lake County jail. (Dkt. 132 at ¶ 5). Defendant Scott Fitch was employed by the Lake County Sheriff's Department to act as a liaison between the jail and CCS. (Id. at ¶ 6). Fitch's duties did not include treating inmates or supervising and training CCS staff. (Id. at ¶ 7). His role, among other things, was to coordinate and implement health services for the inmates at the jail, and to evaluate the effectiveness of contracted psychological services. (Dkt. 142 at ¶ 7). Sheriff Curran and Jail Command relied on CCS to provide medical and mental health services to inmates pursuant to the Health Services Contract. (Dkt. 132 at ¶ 8).
Defendants Dr. Rozel Elazegui (internal medicine physician), Dr. Hargurmukh Singh (psychiatrist), Jennifer Bibbiano (social worker and Director of Mental Health), Ruth Muuru (Licensed Professional Counselor) and Edith Jones (Licensed Professional Counselor), were healthcare providers with CCS to provide medical or mental health treatment to inmates at Lake County jail. (Id. at ¶ 9). Bibbiano assessed Gomes on five occasions (December 16, 19, 20, 21, and 28), noting Gomes' refusal to answer questions or participate in the mental health examination. (Dkt. 134, Medical Defs. 56.1 SOF, at ¶ 6). Muuru assessed Gomes twice (December 24 and 26), documenting in her progress notes that Gomes suffered from suicidal ideation
, though Muuru testified in her deposition that she did not believe Gomes suffered from a mental health problem. (Id. at ¶ 7). Jones saw Gomes twice: December 18 and 25, 2011. (Id. at ¶ 8). On December 22, 2011, Bibbiano, Muuru, or Jones, or someone on the medical staff, placed Gomes on the list to see the psychiatrist, indicating that it was “urgent.” (Dkt. 134 at ¶ 31; Dkt. 138 at ¶ 6).
Michael Keegan, who is not a party to this lawsuit, was the Health Services Administrator employed by CCS to manage and supervise the medical and mental health care professionals at the jail. (Dkt. 132 at ¶ 10). When CCS could not meet the healthcare needs of an inmate at the jail, they would refer the inmate off-site for additional services, including calling an ambulance for urgent care. (Id. at ¶ 11). Jail Command relied on CCS to tell them when it was necessary to transfer an inmate off-site for additional medical services. (Id. ) Lake County never asked CCS to lower off-site expenditures and inmates were transferred to a hospital when CCS determined they needed to be. (Id. at ¶ 12).
Gomes was arrested on October 12, 2011, on a body attachment for contempt for failure to appear for jury duty. (Id. at ¶ 13). She was brought to Lake County jail where she was also charged with resisting a peace officer. (Id. ) On October 14, 2011, she was transferred to Immigration and Customs Enforcement (“ICE”) custody and questioned regarding her immigration status. (Id. at ¶ 14). During an interview with ICE she was advised of her rights, including the right to speak with a consular or diplomatic officer from her home country. (Id. at ¶ 15). She refused the phone call and did not otherwise request the Indian consulate be notified of her detention. (Id. ) ICE processed and released her.
On December 14, 2011, Gomes was arrested by the Vernon Hills Police Department on an active bench warrant for failure to appear in court on the underlying charge of resisting a peace officer and was brought to the Lake County jail for booking at approximately 7:45 p.m. (Dkt. 132 at ¶ 16). The initial intake form, completed by Nurse Ennis, indicated that Gomes was anxious and appeared paranoid because she kept asking about the medical staff's credentials.2 (Dkt. 138, Pl. Resp. to Med. Defs. SOF, at ¶ 12). She was initially placed in the general population female pod, 5 Southeast. (Dkt. 132 at ¶ 17). The 5 Southeast pod is two stories with approximately 20 cells. (Id. ) Gomes' cell was on the second floor. (Id. ) The mental health intake form completed on December 16, 2011, notes that Gomes had not eaten since her arrival in jail and she should be referred to medical if it persists for 72 hours. (Dkt. 132-334, CCS Records, Ex. 33). On December 17, 2011, Gomes was transferred to the medical pod because she was not eating and CCS staff could observe her more closely in the medical pod. (Id. at ¶ 18). Correctional officers and CCS medical and mental health staff worked both worked in the medical pod and communicated about inmates, including Gomes orally and in writing. (Id. at ¶ 19).
On December 18, 2011, CCS put Gomes on CCS' Hunger Strike protocol after correctional staff notified CCS personnel that Gomes had not eaten for 72 hours. (Id. at ¶ 20). Gomes was under the care and treatment of CCS doctors, nurses, and mental health professionals from the time CCS instituted its Hunger Strike protocol on December 18, 2011, until she was transferred to hospital on December 29, 2011. (Id. at ¶ 21). The Hunger Strike protocol included explaining the risks and harms of starvation and encouraging her to eat. On December 18, 2011, the nurse noted Gomes weight was 146 lbs. and her vital signs were within normal limits, but Gomes refused to provide a urine sample. (Dkt. 138 at ¶ 16). Jones also saw Gomes on December 18, 2011. (Dkt. 134 at ¶ 17). Gomes told Jones she would not eat until she left the jail. (Id. ) Jones placed her on suicide watch on December 18, 2011, based on her conclusion that not eating and drinking were suicidal behaviors. (Id. )
On December 19, 2011, Bibbiano saw Gomes and noted her refusal to answer questions. (Id. at ¶ 20). She appeared to be alert, calm, and well-kept. (Id. ) Bibbiano further noted that Gomes was scheduled to see Dr. Young Kim, who was advised of Gomes' hunger strike. Dr. Kim assessed Gomes and ordered extra juice with each meal. (Id. )
In the morning on December 20, 2011, the nurse noted Gomes' mouth and tongue were moist, she had no tenting of her skin (which would be a sign of dehydration), and that she displayed a steady gait when standing. (Id. at ¶ 21). Later that day, Nurse Davalos noted minor tenting of Gomes' skin. (Dkt. 138 at ¶ 21). Bibbiano also saw her on December 20, 2011, noting her refusal to speak. (Dkt. 134 at ¶ 22). On December 20, 2011, when Gomes appeared in court, the judge ordered a mental fitness evaluation to be completed by January 5, 2012.
On the morning of December 21, 2011, Nurse Griffin noted Gomes' weight to be 140 lbs. and took her vital signs. (Id. at ¶ 23). Bibbiano also saw Gomes on December 21, noting her refusal to speak, but that she was calm and alert. (Id. at ¶ 25). The following day, the nurse took vital signs and noted Gomes' refusal to provide a urine sample. Dr. Elazegui also examined Gomes on December 22, 2011, noting that she was in no apparent distress, she appeared nontoxic, and she had moist mucus membranes. (Id. at ¶ 27). During his examination, Dr. Elazegui stressed to Gomes the nutritional need to survive and offered to order her any food on the menu. Dr. Elazegui also ordered urinalysis, blood work, an EKG, a multivitamin and that if she resumed eating, Gomes should have a low calorie diet to avoid the risk of refeeding syndrome. (Id. at ¶ 28). Dr. Elazegui ordered the nurses to continue daily vital sign monitoring and to advise him if Gomes' heart rate became greater than 120 or if she exhibited any signs of hypotension (low blood pressure). (Id. at ¶ 29).
On December 23, 2011, the nurse took Gomes' vital signs and noted her weight was 136 lbs. (Dkt. 132 at ¶ 32). Muuru saw Gomes that day, noting that she refused to speak. Muuru encouraged Gomes to start eating. (Id. ¶ 33). Later on December 23, 2011, Gomes refused the nurse's attempt to obtain a...
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