Estate of West v. DeFrancisco
| Decision Date | 12 December 2019 |
| Docket Number | CIVIL ACTION NO. 1:17-cv-291-TFM-MU |
| Parties | ESTATE OF JEFFREY WEST and KIM ELLIS, Plaintiffs, v. ROBERT DeFRANCISCO, Defendants. |
| Court | U.S. District Court — Southern District of Alabama |
Pending before the Court is Defendant Robert DeFrancisco's Motion for Summary Judgment or, In the Alternative, Motion to Dismiss and Brief in Support Thereof (Docs. 189-190, filed 10/3/19). Plaintiffs timely filed their response in opposition and Defendant timely replied. See Docs. 192, 193.
After a careful review of all the written pleadings, motion, response, reply, and the relevant law, the Court GRANTS the motion for summary judgment filed Defendant Robert DeFrancisco.
Plaintiff Kim Ellis is the Personal Representative of the Estate of Jeffrey West. She brought suit against several defendants for causes of action that relate to the death of Jeffrey West. The Complaint lists Plaintiff Estate of Jeffrey West and Plaintiff Kim Ellis separately - though it appears that for the purposes of the lawsuit they are a singular entity. However, for the purposes of this Opinion the Court shall refer to "Plaintiffs" as that is how the parties do so in their pleadings and motions.
Named defendants listed in the Second Amended Complaint are as follows:1
The Court previously issued a Memorandum Opinion and Order dismissing all defendants with the exception of Defendant Robert DeFrancisco, M.D. See Doc. 186. However, to provide context, the Court lists all defendants here.
The District Court has subject matter jurisdiction over the claims in this action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) as Plaintiffs bring claims pursuant to 42 U.S.C. § 1983 for violations of the Eighth and Fourteenth Amendments of the United States Constitution. The Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 for the state law claims under the ALA CODE § 14-6-19, the tort of outrage, and the Alabama Medical Liability Act (ALA CODE § 6-5-540).
The parties do not contest personal jurisdiction or venue, and there are adequate allegations to support both.
The only question regarding jurisdiction is whether it ended with the closure of the case on September 26, 2017 pursuant to the Stipulation of Dismissal filed on September 22, 2017 followed by the reopening on November 28, 2017. Docs. 31, 32, 35. The Court will address this in detail in its analysis.
On June 27, 2019 Jeffrey West ("West") was arrested on suspicion of property damage involving a telephone box and taken to the Escambia County Jail. See Doc. 75 at ¶ 21-22. West remained there as a pretrial detainee. While there, he became ill and his condition deteriorated significantly. Id. at ¶ 24. According to the second amended complaint, the medical report from the day he was booked states "Inmate states he his [sic] bipolar and thinks he has staph on the back of his left leg" and nursing notes state West had a "large abscess on the back of left thigh - with black center - with hard area 2x2in and surrounding redness 6x8in" and that she removed a "large amount of thick green bloody pus." Id. at ¶ 25-26. Additionally, Defendant Chandler provided West a Bactrim DS (antibiotic) but did not refer him to any other provider.
On June 29, Defendant Dunn noted a "very large amount of bloody green drainage.Majority of (L) thigh red and hard" and continued providing Bactrim DS. Id. at ¶ 29. At no time did Defendant Vanlandingham examine the infection "nor is there any indication that any nurse ever discussed the infection with Dr. Vanlandingham." Id. at ¶ 33-34.
On July 5, West complained of "severe pain all over," back and stomach cramps, electricity running through his hands and feed, "feels like burning," shaking constantly, and "cannot quit" shaking. Id. at ¶ 37. Defendant Turner gave him ibuprofen. Id. at ¶ 38. The next day, West still complained of pain and itching. The nurse contacted Dr. DeFrancisco who told her to provide Librium and he would see West in four days. Id. at ¶ 39. Only July 8, West complained that his entire body tingled, and Defendant Hodges' notes indicate that he was and complained of black stools and vomiting. Id. at ¶ 42. Hodges gave him ibuprofen. Id. at ¶ 43. Only July 8, West filed a grievance complaining that he could not keep food down, but Hodges closed the grievance the next day. Id. at ¶¶ 44-45.
On July 9, another lab draw was completed, and the results showed high levels of monocytes/eosinophils (white blood cells) and basophils. Id. at ¶ 46-48. Dr. Vanlandingham was notified and he advised the nurse to Id. at ¶ 49. On July 10, Dr. DeFrancisco saw West, noted complaints of "knots in my tongue" and that West appeared lethargic to which he prescribed Librium. Id. at ¶ 50.
On July 10, 2015, a bond hearing was held and the court released West on his own recognizance - though he was not ultimately released from Escambia County jail until July 13, 2015. Id. at ¶¶ 77-79.
On July 11 at 3:10 a.m., Defendant Capps and Officer Percy Wheeler noted that Westvomited on himself. Id. at ¶ 51. Defendant Chandler noted a "large amount of blood dried secretion on face" and West complained of dry mouth, a tooth was falling out, being cold, and was "draw[n] up in fetal position." She gave him Gatorade. Id. at ¶¶ 52-53. Later that day, she saw West spit out red liquid which he said was blood, but she could not tell if it was blood or red Gatorade. Id. at ¶¶ 54-55.
On July 12, Chandler saw West again and found more yellow/green dried secretion on face and nose and that he complained of being very cold and feeling unwell. Notes later from the day indicate Dr. Vanlandingham prescribed an antibiotic and Imodium, but suspected West of faking. Id. at ¶ 59. Later in the day Chandler gave more Imodium, but found West lying in the fetal position with a "large amount of thick green secretions" and the right eye was red and mottled. Id. at ¶ 61.
By the early morning of July 13, West had urinated and defecated on himself. Defendant McCall's notes reflect West had leg pain and muscle weakness while he complained of hurting all over. Nurse Clark told Dr. Vanlandingham she thought West should go to the Emergency Room. Id. at 62.
Upon his release from jail that same day, West immediately went to the emergency room at D.W. McMillan Hospital. Id. at ¶ 79-80. West arrived at 9:20 a.m. and by 9:50 a.m. was unconscious for a period of time. Id. at ¶¶ 63-64. Blood and urine results were abnormal and significantly out of the normal range. Id. at ¶¶ 66-71. At 3:15 p.m., he was transported to Baptist Hospital in Pensacola, Florida. Id. at ¶¶ 82. Records show West was diagnosed with rhabdomyolysis, seizures, renal failure, and dehydration and that the specialty care required was beyond what D.W. McMillan could handle. Id. at ¶ 83. All this was done in the same day he was released from Escambia County Jail.
West remained in the critical care unit at Baptist Hospital until his death on July 31, 2015. He died from failure of multiple organs and the listed cause of death was shock, acute respiratory syndrome, and hypoxia. The autopsy further listed complications of bronchopneumonia and pulmonary alveolar injury. Id. at ¶¶ 90-95.
On June 23, 2017, Plaintiffs filed their original complaint. See Doc. 1.2 The original complaint lists as defendants Sheriff Grover Smith, Escambia County, Jailers 1-5, Medical Professionals 1-10, and Medical Company. Id. It was filed around 38 days before the statute of limitations would run on a § 1983 claim. In the Parties section, Plaintiffs describe the Defendants as follows:
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