Holland v. City of Atmore

• Citation: 168 F.Supp.2d 1303
• Decision Date: 27 March 2001
• Docket Number: No. CIV. A. 99-0038-CB-C.,CIV. A. 99-0038-CB-C.
• Parties: Miranda Lavette HOLLAND, etc., et al., Plaintiffs, v. CITY OF ATMORE, et al., Defendants.
• Court: U.S. District Court — Southern District of Alabama

168 F.Supp.2d 1303

Miranda Lavette HOLLAND, etc., et al., Plaintiffs, v. CITY OF ATMORE, et al., Defendants.

No. CIV. A. 99-0038-CB-C.

United States District Court, S.D. Alabama, Southern Division.

March 27, 2001.

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Charles R. Godwin, Timothy J. Godwin, Atmore, AL, for plaintiffs.

Lawrence Wettermark, Thomas O. Gaillard, III, Galloway, Smith, Wettermark & Everest, LLP, Mobile, AL, for defendants.

ORDER ON MOTION FOR SUMMARY JUDGMENT

BUTLER, Chief Judge.

This matter is before the Court on the defendants' motion for summary judgment. (Doc. 27). The parties have filed briefs and evidentiary materials in support of their respective positions. (Docs.28, 45, 53, 55, 58).¹ Upon consideration of the parties' arguments as expressed in these filings and of all other relevant materials in the file, the Court concludes that the defendants' motion for summary judgment is due to be granted as to the plaintiffs' federal claims and that the plaintiffs' state law claims are due to be dismissed without prejudice.²

BACKGROUND

On the night of July 16, 1998, the plaintiffs' decedent, Raymond Holland Jr., was arrested by officers of the Atmore Police Department for driving under the influence and other offenses. Holland was taken to the Atmore city jail, booked, and locked down. Within thirty minutes, Holland was found dead or dying in his cell, having used his shoelaces to hang himself.

The amended complaint names as defendants the City of Atmore (the "City"), police chief Danny McKinley, mayor Rodney Owens, the Atmore City Council, council members Jerry Gehman, John Watkins, Curtis Harris, John Garrard and David McKinley, and jailer/dispatchers Frank Bryars and Valeria Drane. (Doc. 15 at 2-3). All individual defendants are sued in both their official and individual capacities. (Id.)

CAUSES OF ACTION

The four counts of the amended complaint, each asserted against all defendants, are as follows:

• Count One: That the defendants were deliberately indifferent to Holland's well-being in violation of the Fifth, Eighth and Fourteenth Amendments, as vindicated pursuant to 42 U.S.C. § 1983;

• Count Two: That the defendants conspired to violate Holland's rights under the Fifth, Eighth and Fourteenth Amendments, in violation of 42 U.S.C. §§ 1985(3) and 1986;

• Count Three: That the defendants negligently caused Holland's death;

• Count Four: That the defendants willfully or wantonly caused Holland's death.

(Doc. 15 at 8-17).

PLAINTIFFS' STATEMENT OF FACTS

The plaintiffs argue that Holland twice previously attempted suicide and that agents of the Atmore Police Department were aware of each of them. The evidence, taken almost exclusively from the plaintiffs' filings,³ is as follows:

On December 6, 1997, Holland consumed alcohol and slit his wrists with a razor blade while at his brother-in-law's house. He inflicted a two-inch laceration, not deep, on his left wrist and a scratch on his right wrist. This incident occurred shortly after Holland came home from working offshore and discovered his wife was having an affair. (Doc. 55, Exhibits 3, 5, 6, 15).

Holland's sister-in-law called 911 and advised the dispatcher that "Raymond Holland, Jr." had slit his wrists while trying to kill himself. Bryars, who knew Holland, worked as 911 dispatcher on December 6, 1997. The dispatcher dispatched an ambulance to the location. In the presence of the paramedics and sheriff's deputies, Holland repeatedly stated that he was not through trying, that the doctor was wasting his time, and that if he did not kill himself now, he would do so later. Holland was taken to a local hospital for treatment and then placed on suicide watch by the sheriff's department. (Doc. 28, Exhibit 9; Doc. 55, Exhibits 3-6).

In February 1998, two police officers acknowledged they were aware of the December 1997 incident. (Doc. 55, Exhibits 5, 13).

On February 5, 1998, Holland was arrested by officers of the Atmore Police Department and charged with driving under the influence. His wife had recently left him to live with her lover. His blood alcohol level was measured at 0.12%. He acted irrationally and belligerently and threatened to hurt himself because of the problems with his wife, stating that she had left him for a black man and that life was not worth living. (Doc. 55, Exhibits 8, 9, 11).

Accordingly, Holland was placed on suicide watch. In his cell, Holland banged his head against the bars and opened a laceration on his forehead. He continued to act very belligerently and said that he did not want to live and that he wanted to die. Paramedics were summoned and he was transported, along with two police officers, to a local hospital, where he continued to insist he wanted to die. The emergency room doctor suspected a possible skull fracture, but hospital records do not reflect a final diagnosis. He ordered continuous observation of Holland, which police officers provided in the hospital overnight. Several police officers were aware of the February 1998 incident, including Holland's conduct at the hospital. (Doc. 55, Exhibits 5, 8, 9, 12-14, 16).

On February 9, 1998, Holland met with a mental health representative and reported that he "has resolved some issues" and "has decided to live." (Doc. 55, Exhibit 15).

At approximately 9:55 p.m. on July 16, 1998, Holland was arrested for driving under the influence, driving with a revoked license, possession of drug paraphernalia (a crack pipe), and possession of a controlled substance (Valium). His blood alcohol level was measured at 0.09% and 0.10%. (Doc. 28, Exhibit 1; Document 55, Exhibit 18).

The arresting officers and other witnesses noted that Holland was calm and cooperative throughout the arrest and booking process, raising his voice only to deny drug use. He inquired several times about making bond so that he could report to work the next day. He acknowledged a drinking problem and spoke about getting help for it. He mentioned to an acquaintance that his mother had a condolence card for the acquaintance, whose mother had recently died. He was sufficiently self-possessed that he was allowed the privilege of smoking a cigarette outside before being placed in a cell. (Doc. 28, Exhibits 7, 9; Doc. 55, Exhibits 7-10).

Holland reported that he was being treated for colon cancer. He declined to make a telephone call, saying he had no one to call. He did not mention his wife. When asked if he was getting along with his wife he said no, but did not become upset. When talking about his children, he came close to tears. (Doc. 55, Exhibits 8, 10).

Overall, Holland was a "different person" than he had been on February 5, 1998. A long-time acquaintance found him in a "good frame of mind" and appearing to be his "regular self." Six law enforcement officers observed Holland at length before he was placed in his cell at 10:50 p.m., including three who had observed him on February 5, 1998, and none detected any sign of a suicidal temperament. Holland did not threaten or mention suicide. (Doc. 28, Exhibits 7, 9; Doc. 55, Exhibits 7-10).

DETERMINATIONS OF UNCONTROVERTED FACT

At the time of Holland's death, Drane was unaware of any prior suicide attempt or threat by Holland.

At the time of Holland's death, Bryars was unaware of any suicide attempt or threat by Holland in February 1998.

CONCLUSIONS OF LAW

The Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1343(a). Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b).

Summary judgment should be granted only if "there is no issue as to any material fact and the moving party is entitled to a judgment as a matter of law." Federal Rule of Civil Procedure 56(c). The party seeking summary judgment bears "the initial burden to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial." Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). Once the moving party has satisfied its responsibility, the burden shifts to the nonmoving party to show the existence of a genuine issue of material fact. Id. "If the nonmoving party fails to make `a sufficient showing on an essential element of her case with respect to which she has the burden of proof,' the moving party is entitled to summary judgment." Id. (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)) (footnote omitted). "In reviewing whether the non-moving party has met its burden, the court must stop short of weighing the evidence and making credibility determinations of the truth of the matter. Instead, the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Tipton v. Bergrohr GMBH-Siegen, 965 F.2d 994, 999 (11th Cir.1992) (internal citations and quotations omitted).

I. Section 1983.

Because Holland was not a prisoner convicted of any offense but a pretrial detainee following arrest, the Eighth Amendment's prohibition of cruel and unusual punishment is not implicated. Tittle v. Jefferson County Commission, 10 F.3d 1535, 1539 n. 3 (11th Cir.1994)(en banc). The plaintiffs' Eighth Amendment claim is therefore due to be dismissed.

A pretrial detainee, however, does enjoy rights under the due process clause. Hamm v. DeKalb County, 774 F.2d 1567, 1572-74 (11th Cir.1985), cert. denied, 475 U.S. 1096, 106 S.Ct. 1492, 89 L.Ed.2d 894 (1986). As applicable to this case, the due process clause prohibits jailers and guards from being "deliberately indifferent" to a "strong likelihood" that the detainee will commit suicide. E.g., Heggs v. Grant, 73 F.3d 317, 320 (11th Cir.1996); Belcher v. City of Foley, 30 F.3d 1390, 1396 (11th Cir.1994). Municipalities, supervisors and others removed from the direct care of a detainee may also be liable for deliberate indifference. E.g., Tittle v. Jefferson County Commission, 10 F.3d at 1539-41 (county commission); ...