James v. City of Wilkes-Barre
| Decision Date | 15 August 2011 |
| Docket Number | No. 3:10cv1534,3:10cv1534 |
| Parties | CHERYL JAMES; WARREN JAMES; and NICOLE JAMES, Plaintiffs v. THE CITY OF WILKES-BARRE; WRIGHT TOWNSHIP; WILKES-BARRE HOSPITAL COMPANY, LLC, d/ba Wilkes-Barre General Hospital; THE WYOMING VALLEY HEALTH CARE SYSTEM; THE WILKES-BARRE CITY POLICE DEPARTMENT; THE WRIGHT TOWNSHIP POLICE DEPARTMENT; DR. RUSSELL ELMER JAMES; DR. NOEL PACLEB ESTIOKO; AMY LYNN CRAIG; BETH ANN NOBLE; LORA DENISE PAULUKONIS; BRIAN THOMAS MORAN; TANYA LYNN OSTOPICK; RYAN RUSSELL SELTZER; CAROLE FLEMING PIROW; DENNIS MONK; BRIAN STOUT; MICHAEL MARSHALL; CHARLIE CASEY; KATHY PICKARSKI VIDUMSKI; JASON FRANK KILLIAN; and DR. MAUREEN M. LICTCHMAN Defendants |
| Court | U.S. District Court — Middle District of Pennsylvania |
(Judge Munley)
Before the court are the reports and recommendations of Magistrate Judge Mildred E. Methvin (Docs. 109-110), which propose granting in part and dismissing in part the defendants' motions to dismiss the complaint.
This case arises from the events of September 28 and 29, 2009. (Complaint, Exh. 1 to Notice of Removal (Doc. 1) (hereinafter "Complt.") at ¶ 37). On September 28, Plaintiff Nicole James, then fifteen years old, sent text messages to a friend informing that friend that James intended to commit suicide by taking an overdose of ibuprofen pills. (Id. at ¶ 38). At 10:46 p.m., the Defendant Wright Township Police received a phone call informing them of the threatened suicide. (Id. at ¶ 39).
At the time of this phone call, Plaintiff Warren James, father of Nicole, was sleeping. (Id. at ¶ 39). He had taken heart medication, which made him extremely tired and sleepy, shortly before the call came in. (Id. at ¶¶ 40, 12). Plaintiff Cheryl James, Nicole's mother, had also taken prescription medicine that evening. (Id. at ¶ 42). Like her husband, the prescription medication made Cheryl James tired and sleepy, and she was "unable to stay awake shortly after taking it." (Id. at ¶ 11).¶ 11). She also drank some alcohol on the night in question. (Id. at ¶ 43). All three members of the James family were in the basement of their home with the television on at the time of the incident in question. (Id. at ¶ 41).
Wright Township Police officers Dennis Monk, Brian Stout and Michael Marshall arrived at the James home at 10:49 on September 28. (Id. at ¶¶ 44-45). They informed Cheryl James of Nicole's threats. (Id. at ¶ 44). The officers' noisy arrival awoke Warren James, and he spoke to the police with his wife. (Id. at ¶ 46). Warren and Cheryl James confronted their daughter about the text she had sent her friend. (Id. at ¶ 47). Nicole informed them that she had sent a text and had planned to kill herself, but she reconsidered and did not plan to do herself any harm. (Id.). Though Nicole James's parents believed her denials, the Wright Township police officers insisted that she be taken to the emergency room at Defendant Wilkes-Barre General Hospital ("the Hospital"). (Id. at ¶ 48). Warren and Cheryl James disagreed, wanting to handle the matter in their own home. (Id. at ¶ 49). The police officers then informed Warren and Cheryl James that they would charge the couple with "assisted manslaughter" if Nicole suffered an injury due to their actions. (Id. at ¶ 50). They felt compelled by the officers to give permission to have Nicole taken to the hospital. (Id. ¶ 51).
The police also informed the Jameses that they would need to accompany Nicole to the hospital. (Id. at ¶ 52). Still feeling disoriented from their medication, neither parent felt it safe for them to travel. (Id. at ¶ 53). They informed the policeofficers of their fears. (Id.). Officers still insisted that at least one parent travel with Nicole James to the hospital. (Id. at ¶ 54). Cheryl James judged herself more capable, and agreed to accompany her to the hospital. (Id. at ¶ 55).
Nicole received screening for a therapeutic drug overdose at the hospital. (Id. at ¶ 56). The screening showed a slight presence of acetaminophen, a presence well within the therapeutic dose for a girl Nicole's age. (Id.). Nicole James had not overdosed on ibuprofen. (Id. at ¶ 57). The police report indicates that Nicole had later admitted to taking approximately 30 ibuprofen pills." (Id.). Cheryl James recalls that medical personnel told her around 12:30 a.m. on September 29, 2009, that her daughter had not overdosed on ibuprofen pills. (Id. at ¶ 58).
After receiving this information, a relieved Cheryl James informed medical personnel that she intended to take her daughter home and arrange for her to receive counseling the next day. (Id. at ¶ 59). No one informed Cheryl James that she could not take her daughter home. (Id. at ¶ 60). Indeed, at 12:32 a.m., Defendant Kathy Vidumsky led Cheryl James to believe that her daughter would soon be discharged. (Id.). Unbeknownst to Cheryl James, however, Defendant Dr. Maureen Litchman appears to have put "a 302 hold" on Nicole at 12:30 a.m. (Id. at ¶ 61). Plaintiffs allege that Nicole James's medical records "appear to have been tampered with," and that other evidence may indicate that the 302 hold, which prevented Nicole's release, may have only been placed an hour after Cheryl James sought her release. (Id. at ¶ 62). Staff members, without informing Cheryl Jamesthat she could not leave the Hospital with her daughter, contacted hospital security when Cheryl James announced her intention to leave with Nicole. (Id. at ¶ 63).
At 12:37 a.m. on September 29, Cheryl James called a taxi company for ride home for her and Nicole. (Id. at ¶ 64). A minute later, the Hospital contacted social services, citing "unexplained psychological and social concerns." (Id. at ¶ 65). Cheryl James alleges that Hospital security personnel followed her and her daughter outside the hospital as they approached the taxi. (Id. at ¶ 70). Security did not, however, prevent the two from leaving or inform Cheryl James that she should not leave the hospital. (Id.). James also alleges that Wilkes-Barre Police Officers were waiting near the cab when she and her daughter arrived. (Id. at ¶ 71).
At 1:02 a.m. on September 29, the Wright Township Police Department received a call from Patrolman Charlie Casey of the Wilkes-Barre City Police Department. (Id. at ¶ 66). Casey informed the department that "'Cheryl James and her son got into an altercation and left'" the hospital. (Id.). Casey requested that the Wright Township Police Department check the James residence and insure the "'welfare of any other children in the house.'" (Id.).
At 1:32 a.m. on September 29, someone made an entry into the General Hospital records that contends that Cheryl James had been admitted on "a 302 arrest." (Id. at ¶ 67). The entry also claimed that James had "'hit her head on [a] taxi cab.'" (Id.). James denies she ever hit her head. (Id. at ¶ 68). At the same time, Hospital security contacted the Wilkes-Barre City Police Department. (Id. at ¶69).
At 1:33 a.m. Hospital security officers prevented Cheryl and Nicole James from leaving in the taxi. (Id. at ¶ 72). Cheryl was sitting in the taxi and refused to leave. (Id.). Two minutes later, she agreed to get out. (Id. at ¶ 73). At that same time, Hospital "'supervisors were made aware of the situation.'" (Id. at ¶ 74). James was not aware of why she could not leave with her daughter. (Id. at ¶ 75). Security and police personnel informed her that Nicole was subject to a "302 hold." (Id. ¶ 76). At that point, tired, medicated and mildly intoxicated, "stressed to the point of exhaustion," and no longer concerned about Nicole James's immediate safety, Cheryl James told officers that she intended to go home. (Id. at ¶ 77). Hospital security and Wilkes-Barre police informed her that she could not leave, but would not explain why. (Id. at ¶ 78). James insisted that she had a right to leave, and officers forcibly removed her from the taxi, grabbing her about the arms and shoulders. (Id. ¶¶ 79-80). The officers used force to return Cheryl James to the Hospital's emergency room; her daughter witnessed this violent action. (Id. at ¶¶ 81-82).
Officers told Cheryl James that she was the subject of a "302 arrest." (Id. at ¶ 83). Their report alleges they forcibly detained, transported and retained James because she had "'presented to police under the influence of alcohol and prescription medicine . . . subject had an obvious altered level of consciousness." (Id. at ¶ 84). No physician admitted James to the Hospital nor did any physician attended to her during this process. (Id. at ¶ 85). The Wilkes-Barre police officerswho brought Cheryl James to the emergency room told attending staff that James had hit her head on a cab and needed evaluation. (Id. at ¶ 86). Pictures of James reveal no bruising on her head, however. (Id. at ¶ 87). Instead, she had severe bruising on her neck, shoulders and arms. (Id.). Medical records related to this incident show no injuries to plaintiff's head, though they do describe other injuries. (Id. at ¶ 88).
After dragging James into the Hospital, Wilkes-Barre police officers and Hospital Security bound her to a gurney that had been prepared by Hospital personnel. (Id. at ¶ 89). Cheryl James demanded her release. (Id. at ¶ 90). Instead, Hospital medical staff, acting either at the direction of the Wilkes-Barre Police or Hospital security, treated plaintiff. (Id. at ¶ 91). Medical staff drew blood forcibly from Cheryl James and injected her with sedatives. (Id. at ¶ 92). During this entire incident, Cheryl James protested, demanding her release and begging staff not to draw her blood or give her a sedative. (Id. at ¶ 93). Staff drew blood and sedated James while the officers present laughed at her plight. (Id. at ¶ 94).
Plaintiffs allege that Hospital medical personnel knew by 1:38 a.m. that Cheryl James "may not have belonged strapped to a gurney in the emergency room. (Id. at ¶ 95). Staff nevertheless continued this restraint. (Id.). They also ignored this assessment in sedating...
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