Gjini v. United States
| Decision Date | 08 February 2019 |
| Docket Number | No. 16-CV-3707 (KMK),16-CV-3707 (KMK) |
| Parties | FLAMUR GJINI, as administrator of the estate of Arbnor Gjini, deceased, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Appearances:
Stephan E. Seeger, Esq.
Sherman, Richichi & Hickey, LLC
Stamford, CT
Tomoko Onozawa, Esq.
Jennifer A. Jude, Esq.
U.S. Attorney's Office
New York, NY
Flamur Gjini ("Plaintiff"), as administrator of the estate of his deceased younger brother, Arbnor Gjini ("Decedent"), brings this Action against the United States of America ("Defendant" or "United States"), for medical malpractice or negligence, and failure to protect pursuant to the Federal Tort Claims Act (the "FTCA"), 28 U.S.C. §§ 1346(b), 1402(b), 2401(b), and 2671-80. (Compl. (Dkt. No. 11).)1 Defendant now moves for summary judgment. For the reasons stated below, Defendant's Motion for Summary Judgment is granted in part and denied in part.
The following facts are taken from the Parties' statements pursuant to Local Civil Rule 56.1, specifically the United States' 56.1 Statement, (Def.'s Local Rule 56.1 Statement of Material Facts ("Def.'s 56.1") (Dkt. No. 71)), Plaintiff's 56.1 Response and Additional Material Facts (Pl.'s Local Rule 56.1 Response and Additional Material Facts ("Pl.'s 56.1") ("Pl.'s Additional 56.1") (Dkt. No. 72-8)),2 and the United States' Counterstatement (Def.'s. Rule 56.1 Counterstatement ("Def.'s 56.1 Counter") (Dkt. No. 76)), and the admissible evidence submitted by the Parties. The facts are recounted "in the light most favorable to" Plaintiff, the non-movant. Wandering Dago, Inc. v. Destito, 879 F.3d 20, 30 (2d Cir. 2018) (citation and quotation marks omitted).3 The facts as described below are in dispute only to the extent indicated.4
On August 7, 2009, Decedent was sentenced in the United States District Court for the District of Connecticut to a 168-month term of imprisonment with a five-year term of supervision for Possession With Intent to Distribute 500 Grams or More of Cocaine and Cocaine Base, in violation of 21 U.S.C. § 841. (Def.'s 56.1 ¶ 1.) Decedent arrived at Federal Correctional Institution ("FCI") Otisville on January 6, 2010, and remained in federal custody there until his death on May 21, 2013. (Id. at ¶ 2.)
On January 6, 2010, the day Decedent arrived at FCI Otisville, he underwent a physical intake Examination that revealed no medical issues, no mental health complaints, and no history of suicide attempts. (Decl. of Tomoko Onozawa, Esq. ("Onozawa Decl.") Ex. D, at BOP-00022 to BOP-00025 (Decedent's Bureau of Prisons ("BOP") Medical Records ("Decedent Med. Rec.")) (Dkt. No. 70).)5 On January 19, 2010, Decedent underwent a mental health intakescreening performed by a staff psychologist, who noted that he had a history of substance abuse, but that his mental health was otherwise unremarkable. (Onozawa Decl., Ex. E, at BOP-00128 (Decedent's BOP Psych. Data Sys. Rec. ("Decedent Psych. Rec.")).) Decedent reported no history of suicidal ideation, mental illness, self-destructive behavior, or physical or sexual abuse. (Id.)
At all times relevant to the Complaint, Dr. Griffin was a staff psychologist who held the title of Drug Abuse Program Coordinator with the Psychology Department at FCI Otisville. (Def.'s 56.1 ¶ 3.) At all times relevant to the Complaint, Dr. Sommer was the Clinical Director of the Health Services Department. (Id. at ¶ 4.) She was a qualified medical physician on staff and was trained in recognizing symptoms of psychiatric disorders. (Pl.'s Additional 56.1 ¶ 9.)
From January 2010 to March 2013, Decedent had no encounters with Psychology Department staff and very few encounters with medical staff. (Def.'s 56.1 ¶ 6.) On March 21, 2013, Decedent had an annual physical examination, in which he reported that he had a good appetite, exercised regularly and slept well, and denied having excessive feelings of stress, anxiety, or depression. (Decedent Med. Rec. BOP-00077 to BOP-00080.)
On May 5, 2013, Decedent refused to return to his housing unit and told staff that he felt unsafe on the compound. (Def.'s 56.1 ¶ 7.) On May 5, 2013, Decedent was placed in the Special Housing Unit ("SHU"). (Id. at ¶ 8.)
On May 6, 2013, Dr. Griffin was informed that Decedent "was acting strangely." (Pl.'s Additional 56.1 ¶ 1.) She met with Decedent and learned from him that he did not feel safe and he felt like he was "losing his mind." (Id.) Dr. Griffin described his presentation as "paranoidand delusional." (Def.'s 56.1 ¶ 9.) At this meeting Decedent told Dr. Griffin about several "stressors in his life," including having problems with his daughter's mother, who refused to bring his daughter to visit, his cellmate being scheduled for release from prison, his cousin "bl[owing] trial," and tensions with an unnamed inmate. (Decedent Psych. Rec. BOP-00124.) Decedent further told Dr. Griffin that he spoke to someone who spoke to the inmate he allegedly had issues with, and that the inmate told Decedent not to worry, but that after this Decedent started feeling paranoid and as though the other inmates were talking about him and accusing him of being "a rat." (Id.) Dr. Griffin also spoke to some of Decedent's friends who told her he had been "decompensating and acting strangely." (Id.) His friends believed that the impending release of Decedent's cellmate was "pushing him over the edge." (Id.) At the conclusion of the visit, Dr. Griffin arranged for Decedent to be transferred out of the SHU to Housing Unit "FB," where Decedent had friends who could look out for him. (Def.'s 56.1 ¶ 10.) Decedent did not report any physical or sexual harassment or incidents of sexual assault to Dr. Griffin. (Id. at ¶ 11.)
That same day, on May 6, 2013, Dr. Griffin sent her report to Health Services and requested that Decedent be scheduled to see a psychiatrist. (Pl.'s Additional 56.1 ¶ 4.) The psychiatrist was not available until May 19, 2013, so Dr. Griffin noted that she would "see if [Decedent] could get something sooner." (Id.)
On May 7, 2013, Dr. Griffin went to SHU to inform Decedent that arrangements were made for him to transfer to Housing Unit FB. (Decedent Psych. Rec. BOP-00123.) She reported that (Id.) On May 8, 2013, Dr. Griffin called Decedent's new unit and was told by an officer that Decedent was "doing fine" and that there was "no indication of any problems." (Id. at BOP-00122.) She also spoke with an inmate from the unit who was familiar with Decedent and he reported that Decedent was (Id.)
On May 19, 2013, the psychiatrist was on the premises at FCI Otisville, but he did not see Decedent on that day because Decedent was not put on the list of inmates to be seen, contrary to Dr. Griffin's request of May 6, 2013. (Pl.'s Additional 56.1 ¶ 5.) On May 21, 2013, Dr. Griffin spoke with the psychology orderly, who was a friend of Decedent's, and learned that Decedent did not see a psychiatrist on May 19, 2013 and that he was "acting strange, depressed[,] and hearing voices." (Decedent Psych. Rec. BOP-00120.) Dr. Griffin also learned that Decedent had not gone to lunch in a few days "because he thought that the people he sits with have something against him." (Id.) She also learned from Health Services that the psychiatrists would not be back until June 9, 2013. (Id.)
On May 21, 2013, Dr. Griffin had a one-hour meeting with Decedent starting at 12:30 p.m. (Def.'s 56.1 ¶ 13.) Dr. Griffin asked Decedent how he was doing and relayed that his friends had been concerned about him. Decedent said he was "okay," but "spoke about sinking into a depression." (Decedent Psych. Rec. BOP-00120.) Dr. Griffin asked Decedent if "he had thoughts about hurting himself." (Id.) He "shook his head in a convincing manner," and replied, "no, none of those thoughts." (Id.) Dr. Griffin also asked Decedent about the voices he was hearing. (Id.) He "denied hearing voices" and said, "I know that it's me." (Id.) Decedent also spoke vaguely about "memories of past mistakes" and told Dr. Griffin that he thought "other inmates [were] talking about him," though he "did not give specifics and remained vague." (Id. at BOP-00120 to BOP-00121.) Decedent also told Dr. Griffin that his friends had "watched overhim since he got out of SHU," "fed him, checked on him[,] and encouraged him." (Id. at BOP-00121.) Dr. Griffin told Decedent that she would contact Dr. Sommer about getting medications for him. (Id.) They also developed a plan where he agreed to read, continue exercising, go to Muslim prayer services, spend time with his friends, and see her again the following day. (Id.) Later that afternoon, Dr. Griffin passed Decedent in the hallway, and he thanked her "for helping him." (Id.)
Dr. Sommer could receive communications regarding inmate patients directly through a physician assistant, notes in her mailbox, email, and telephone calls. (Pl.'s Additional 56.1 ¶ 10.) On May 21, 2013, Dr. Griffin tried calling Dr. Sommer but there was no answer. She then sent her an email stating: (Id. at ¶ 7.)
On May 21, 2013, Dr. Sommer arrived at work at approximately 8:00 a.m. and started her day with a short meeting followed by seeing patients. (Pl.'s Additional 56.1¶ 15.) Dr. Sommer's phone was not in...
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