Karmue v. Remington
| Decision Date | 18 March 2020 |
| Docket Number | Civil No. 17-cv-107-LM-AKJ |
| Parties | Kormahyah Karmue v. David Remington, Chief Deputy United States Marshal, et al. |
| Court | U.S. District Court — District of Rhode Island |
Before the court is the federal defendants' motion for partial summary judgment and to dismiss (doc. no. 112), which was filed with a statement of undisputed facts (doc. no. 113). Plaintiff Kormahyah Karmue has responded with objections to the defendants' filings and his own statements of undisputed facts. See Doc. Nos. 115, 121, 124, 128. The federal defendants' motion seeks summary judgment under Rule 56 of the Federal Rules of Civil Procedure, or dismissal for lack of jurisdiction under Rule 12(b)(1), as to all of Mr. Karmue's claims, which are asserted under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narc., 403 U.S. 388 (1971), and the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1) ("FTCA").
On April 23, 2015, Mr. Karmue was a pretrial detainee incarcerated at the Donald W. Wyatt Detention Facility ("Wyatt") awaiting trial on federal criminal charges pending against him in United States v. Karmue, No. 1:13-cr-179-WES-PAS-3 (D.R.I.). Verified Second Amended Complaint ("SAC") (Doc. No. 70, at 2-3). On that day, Mr. Karmue was transported to the federal courthouse in Providence, Rhode Island, by United States Marshals Service ("USMS") Deputies Brenton Moore and Elden DaSilva in a black unmarked prisoner transport van. Id. at 3-4; Decl. of David Remington, Mar. 25, 2019 ("Remington Decl.") (Doc. No. 113-1, at 1).
Mr. Karmue was placed in the back seat of the van on a bench facing a steel partition that separated the prisoner compartment of the van from the driver's compartment. SAC (Doc. No. 70, at 4). Mr. Karmue's wrists were handcuffed; the handcuffs were attached to a waist chain; and his ankles were shackled together. Id. at 3; Pl.'s Obj. to Defs.' Mot. Summ. J.and Mot. Dismiss ( ) (Doc. No. 128, at 1). Mr. Karmue asked Deps. Moore and DaSilva to secure his seatbelt, but neither deputy responded. SAC (Doc. No. 70, at 4). Mr. Karmue was transported, without a seatbelt, to the federal courthouse.
Mr. Karmue asserts that en route to the courthouse, Dep. Moore was driving the van in excess of the speed limit. Id. At some point during Mr. Karmue's transport, Mr. Karmue asserts, Dep. Moore sped up to beat a red light and then braked sharply to avoid a collision with an oncoming vehicle. Id.; Ex. 18, Defs.' Statement of Undisputed Facts ("SOUF"), Admin. Tort Claim Form 95, Sept. 27, 2016 (Doc. No. 113-5, at 4). Mr. Karmue asserts that the van came to an abrupt stop, and he was propelled into the steel partition in the van. SAC (Doc. No. 70, at 4). Mr. Karmue was unable to use his arms to block the impact of hitting the partition, or brace himself with his legs or arms. Id.
Mr. Karmue states that when he hit the partition, his knees, back, legs, and hips were injured. Id. 4-5. Mr. Karmue asserts that he asked Deps. Moore and DaSilva to provide him with immediate medical attention, but they continued driving to the courthouse, which was a short distance away. Id. at 5. Mr. Karmue states that the deputies did not say anything when he requested medical care. Id.
When the van arrived at the courthouse, the deputies parked in the sallyport, got out of the van, opened the van door, and unlocked the van's prisoner compartment to allow Mr. Karmue to get out of the van. Id.; Video Ex. 1.2 The deputies directed Mr. Karmue to get out of the van and walk on his own power. Pl. Obj. V (Doc. No. 128, at 2). Video evidence the defendants submitted with the instant motion shows Mr. Karmue stepping out of the van, apparently with some difficulty, and with assistance from Dep. DaSilva. Video Ex. 1. While the video does not have any audio, Mr. Karmue and the deputies appear to be speaking to one another. Id.
Mr. Karmue avers that after he was injured in the van, he Pl.'s Resp. to Defs.' SOUF After Reviewing Videos ( ) (Doc. No. 124, at 3). Mr. Karmue furtheralleges that the defendant deputies forced him to exit the van and walk through the courthouse, exacerbating "his pain and injuries." Id. at 4.
The video shows that Mr. Karmue then, unassisted but with a pronounced limp, walked with Deps. Moore and DaSilva to the prisoner elevator located in the sallyport. Video Exs. 1, 2. Mr. Karmue leaned on the wall while riding in the elevator. Video Ex. 3. Mr. Karmue asserts he leaned on the wall for support due to the pain in his knees. Pl. Obj. IV (Doc. No. 124, at 4).
Mr. Karmue exited the elevator and proceeded on foot, limping and moving slowly, accompanied by Deps. Moore and DaSilva, through a small room and down a hallway toward a holding cell. Video Exs. 4-7. The video shows that in the holding cell, Dep. DaSilva removed Mr. Karmue's handcuffs, left his ankle shackles on, and locked him into the holding cell, where Mr. Karmue sat on a bench.3 Video Exs. 8, 9.
Approximately five minutes after Mr. Karmue was placed in the holding cell, two unidentified USMS deputies entered Mr. Karmue's cell and spoke with him. Video Ex. 9. Mr. Karmuespoke to the deputies, while gesturing to one or both of his knees. The deputies then left the cell. Video Ex. 9.
Approximately eight minutes later, one of the unidentified deputies returned to the cell, accompanied by Deps. Moore and USMS Dep. Justin Carvalho and two Emergency Medical Technicians ("EMTs"), Michael Cairone and Stephany Blackwell. Video Ex. 9; Providence Fire Dep't Report, Apr. 23, 2015 ("EMT Report") (Doc. No. 113-6, at 9). Mr. Karmue states that before the EMTs entered the cell, Dep. Moore told the EMTs not to touch Mr. Karmue. SAC (Doc. No. 70, at 6); Pl. Obj. IV (Doc. No. 124, at 9). A computerized form apparently completed by EMT Cairone notes, in a section titled "Narrative," that "[patient] did not want [EMTs] to touch him." EMT Report (Doc. No. 113-6, at 10). Mr. Karmue asserts that he did not make that statement. The video shows EMT Cairone touching Mr. Karmue briefly on the shoulder when he first entered the cell, apparently in greeting, but otherwise neither EMT touched Mr. Karmue in the cell. Video Ex. 9.
The video shows the EMTs standing in the cell, speaking with Mr. Karmue, and looking at Mr. Karmue's leg with his pants on. Id. The EMT Report states that there was "no visible swelling thru clothing." EMT Report, at 2. Mr. Karmue asserts that he told the EMTs and deputies present that he was in too much pain to walk, but Dep. Moore instructed the EMTs not toplace Mr. Karmue on a stretcher at that time, stating that he had "walked in there so he can keep walking." Pl. Obj. IV (Doc. No. 124, at 5). The EMTs spent approximately forty-five seconds in the cell. Video Ex. 9.
At that point, the video shows Dep. Moore standing in front of Mr. Karmue while Mr. Karmue attempts to stand. Id. Dep. Moore and EMT Cairone appear to be helping Mr. Karmue stand, and then EMT Cairone supports Mr. Karmue by holding him under his left arm as they walk out of the holding cell. Video Ex. 9. The video then shows Mr. Karmue, while being assisted by EMT Cairone, hunched over and shuffling with a pronounced limp back through the same courthouse hallways and to the prisoner elevator, moving much slower than he had before. Video Exs. 9-11. According to the time stamp on the video, it took Mr. Karmue approximately thirty seconds to walk from the elevator to the holding cell, and approximately three minutes to walk the same route back to the elevator.4 Video Exs. 3-7, 9-11.
Mr. Karmue entered the elevator supported by EMT Cairone. Once inside the elevator, Mr. Karmue leaned against the wall. Video Ex. 12; Pl. Obj. IV (Doc. No. 124, at 4). The video shows that Dep. Carvalho and EMT Cairone were standing behind Mr. Karmue in the elevator, and one or both of them appear to be holding Mr. Karmue up by placing their hands on Mr. Karmue's back, while Dep. Moore took hold of the left shoulder area of Mr. Karmue's shirt and appears to have held Mr. Karmue upright as Mr. Karmue leaned against the wall. Video Ex. 12. Dep. Moore then attempted, unsuccessfully, to pull Mr. Karmue up straight by pulling up the left shoulder of his shirt. Id.
Dep. Moore, still holding Mr. Karmue's shirt, spoke to Mr. Karmue for a few seconds. Mr. Karmue states that at that point he was unable to support his own weight any longer due to his pain, and so he dropped to the floor of the elevator. Pl. Obj. IV (Doc. No. 124, at 6). On the video, it appears that Mr. Karmue's legs collapsed under him, and he fell to the floor. Video Ex. 12. Mr. Karmue states that he "tried to sit on the floor since he could no longer support himself, but [Dep.] Moore forcefully pulled him up and began to call him 'N----r' as the Plaintiff fell down to the floor of the elevator due to his injuries and excruciating pain from the accident." Pl. Obj. IV (Doc. No. 124, at 6). The video shows that Dep. Moore, who Mr.Karmue states was "infuriated" by Mr. Karmue's fall, SAC (Doc. No. 70, at 6), immediately grabbed both shoulders of Mr. Karmue's shirt and attempted to lift Mr. Karmue up, but he fell to the floor again. Video Ex. 12. In the video it appears that when Mr. Karmue fell to the floor, he fell into a seated position with his legs straight out in front of him and his back against the elevator wall. Id.
Once Mr. Karmue fell a second time, much of what happened while Mr. Karmue was on the floor of the elevator is not discernible in the video, as Dep. Moore's back obscures the camera angle.5 Id. What can be seen is that after Mr. Karmue falls, his feet...
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