Kogut v. United States
| Decision Date | 22 November 2021 |
| Docket Number | Case No. 16-cv-10199 |
| Citation | 573 F.Supp.3d 1277 |
| Parties | Stanley KOGUT, deceased, BY AND THROUGH Amanda KOGUT, as Independent Administrator of the Estate of Stanley Kogut, and Amanda Kogut, individually, Plaintiffs, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Jeffrey J. Neslund, Law Offices of Jeffrey J. Neslund, Michael David Robbins, Michael D. Robbins & Associates, Chicago, IL, for Plaintiffs.
AUSA, Jonathan C. Haile, United States Attorney's Office, Chicago, IL, for Defendant.
Steven C. Seeger, United States District Judge Stanley Kogut, a former deputy with the Cook County Sheriff's Office, was arrested on November 3, 2014 on federal charges. He was detained pretrial at the Chicago Metropolitan Correctional Center ("MCC"). Less than 10 hours later, he committed suicide.
His estate and widow sued the United States for negligence, wrongful death, and survival under the Federal Tort Claims Act ("FTCA"). The United States now moves for summary judgment on all claims.
For the reasons stated below, the motion for summary judgment is granted in part and denied in part.
On November 3, 2014, the FBI arrested Stanley Kogut and another police officer, Robert Vaughan. They were charged with conspiracy to commit robbery. See Pl.’s Resp. to Def.’s Statement of Facts, at ¶ 2 (Dckt. No. 86).
The FBI transported Kogut to the MCC, a federal detention facility operated by the Bureau of Prisons in downtown Chicago. Correctional officers received him at approximately 5:30 p.m. Id. at ¶ 3. Twenty minutes later, Correctional Counselor Michael Wright conducted an intake screening. Id. at ¶ 5.
Wright asked questions about issues that could affect Kogut's placement or treatment while at the MCC (like relationships with other inmates or gang affiliations). Id. He asked about his mental health – particularly any thoughts of self-harm. Id.
Kogut also had the opportunity to ask questions and voice any concerns. Id. at ¶ 6. He stated that he was a member of law enforcement, so he did not believe that he should be in general population. Id. at ¶ 7.
The parties disagree over the interpretation of Kogut's statement that he was in law enforcement and that he did not believe he should be housed in general population. The government considers it a reason for segregation, but the estate considers it a request for segregation. See Def.’s Resp. to Pl.’s Statement of Facts, at ¶¶ 2, 5 (Dckt. No. 91). That is, the government understands his statement to mean, "I am a police officer, so I have a reason to be isolated." But the estate interprets Kogut's statement to mean, "I am a police officer, so I want to be isolated."
The distinction matters when the BOP decides where a new detainee should go. If a new detainee specifically asks for protective custody, or requests to be celled alone, the MCC's internal rules advise that he "be referred to [a] supervisor and psychology services immediately." See Special Post Orders, at 9 (Dckt. No. 75-6). So, if the estate's interpretation is correct, the MCC should have sent Kogut to see a psychologist. But if the United States is correct, then the MCC had no obligation to send him to a supervisor and a member of the psychology team.
There is no other evidence in the record of any request by Kogut to be isolated or to see a doctor. Both parties agree that Kogut did not see a psychologist or psychiatrist that night.1 See Def.’s Resp. to Pl.’s Statement of Facts, at ¶ 2 (Dckt. No. 91).
Wright then gave Kogut intake screening paperwork. Kogut completed a one-page psychology services questionnaire about his mental health, including his history and his then-current condition. See Inmate Questionnaire (Dckt. No. 75-7). The form asked whether he had any thoughts of self-harm. See Pl.’s Resp. to Def.’s Statement of Facts, at ¶ 9 (Dckt. No. 86). After Kogut completed the form, Wright reviewed his answers with him orally, to make sure that the written answers matched the oral responses. Id. at ¶ 10.
A few answers stand out. First, on the form and in the interview, Kogut stated that he was "tense, nervous, anxious." See Def.’s Resp. to Pl.’s Statement of Facts, at ¶ 5 (Dckt. No. 91); see also Inmate Questionnaire, at 1 (Dckt. No. 75-7).
Second, he answered that he was experiencing alcohol withdrawal. See Def.’s Resp. to Pl.’s Statement of Facts, at ¶ 5 (Dckt. No. 91); see also Inmate Questionnaire, at 1 (Dckt. No. 75-7). But he did not answer the question about whether he wanted to participate in drug abuse treatment. See Inmate Questionnaire, at 1.
Third, Kogut answered questions about self-harm. See Pl.’s Resp. to Def.’s Statement of Facts, at ¶ 11 (Dckt. No. 86). The form asked: "Have you ever seriously considered harming or killing yourself?" See Inmate Questionnaire, at 1 (Dckt. No. 75-7). Kogut checked a box, answering "NO." Id. The form also asked if he had "ever attempted to harm or kill yourself," and Kogut responded "NO." Id.
The form asked about his then-present state of mind, too. "Are you thinking of harming or killing yourself now?" Id. The form emphasized the importance of that question, in all caps. "IF YES, IT IS IMPORTANT TO LET US KNOW SO WE CAN PROVIDE YOU WITH COUNSELING AND SUPPORT." Id. Once again, Kogut answered "NO." Id.
Fourth, when completing the form, Kogut did not answer the question about whether he wanted to see a mental health provider while at the facility. See Def.’s Resp. to Pl.’s Statement of Facts, at ¶ 6 (Dckt. No. 91); see also Inmate Questionnaire, at 1 (Dckt. No. 75-7) (question 14).
Fifth, Kogut did not answer other "Yes" or "No" questions on the form about his mental state. The form asked whether Kogut was currently "sad, tearful, depressed," or "feeling hopeless about life," or "hearing voices or seeing things others do not." See Inmate Questionnaire, at 1 (Dckt. No. 75-7). He left each of those questions unanswered. Id.
His failure to answer those questions was conspicuous. He did answer question 13.B, meaning whether he was "tense, nervous, anxious." Id. He circled "YES." Id. But he did not answer question 13.A ("sad, tearful, depressed"), question 13.C ("feeling hopeless about life"), or question 13.D ("hearing voices or seeing things others do not"). Id.
The record includes a declaration from Wright about how he perceived Kogut at the time. Kogut "appeared stable," and Wright "did not find anything in his demeanor or emotional state that made [him] believe that he might harm himself." See Wright Dec., at ¶ 11 (Dckt. No. 75-3).
When answering Wright's oral questions, Kogut confirmed that he had never attempted to kill or harm himself, and had never considered doing so. See Pl.’s Resp. to Def.’s Statement of Facts, at ¶ 11 (Dckt. No. 86); Wright Dec., at ¶ 10 (Dckt. No. 75-3). Kogut "specifically said that he was not having any current thoughts of harming himself." See Wright Dec., at ¶ 10.
On that critical topic, the estate does not deny what Kogut said to Wright. But the estate believes that there is a question of fact about "whether Stanley Kogut was properly assessed given his risk factors for suicide and MCC suicide prevention protocols." See Pl.’s Resp. to Def.’s Statement of Facts, at ¶ 11 (Dckt. No. 86).
After meeting with Wright, Kogut met with Lida Carrera, a mid-level practitioner on the MCC medical staff. Id. at ¶ 13. She conducted a medical intake screening. The goal was to learn and assess Kogut's past and current medical issues so that the medical staff could provide continuity of care. Id.
This screening included assessing his emotional state, mental health, and any risks of self-harm. Id. Carrera had received annual training on preventing suicide and identifying risks of self-harm. Id. at ¶ 14.
During the 30-minute, private meeting, Carrera performed a basic physical examination and obtained an oral history of his past and current medical problems. Id. at ¶ 15. She assessed suicide risk by asking direct questions and closely observing Kogut's emotional state, behavior, level of cooperation, and overall attitude. Id.
The record includes a declaration from Carrera about how Kogut seemed at the time. Kogut's "mood was normal and appropriate, and he did not express any unusual or concerning thoughts." See Carrera Dec., at ¶ 7 (Dckt. No. 75-4). Kogut denied any history of suicide attempts and denied any current suicide ideation. Id.
According to Carrera, nothing in Kogut's demeanor or posture indicated that he was "deceptive in his denials of suicide ideation." Id. at ¶ 8. In her view, Kogut "maintained himself in a stable, cooperative, and attentive manner." Id. Overall, his behavior gave her "no cause for concern" about a "risk of self-harm." Id.
Once again, the estate takes issue with those characterizations. The estate believes that depicting Kogut as normal and stable was inconsistent with his responses that he was experiencing alcohol withdrawal, and feeling "tense, nervous and anxious." See Pl.’s Resp. to Def.’s Statement of Facts, at ¶ 18 (Dckt. No. 86).
Carrera's screening ended around 6:47 p.m. See Pl.’s Resp. to Def.’s Statement of Facts, at ¶ 16 (Dckt. No. 86). That's when Kogut went to the Special Housing Unit, also called the "SHU" (like "shoe").
As the name suggests, the Special Housing Unit is a place where certain inmates go to get away from other inmates. Inmates go to the SHU for a variety of reasons, including disciplinary reasons, special security needs, and so on. Sometimes an inmate needs special protection from other inmates (or vice versa). See Maldonado Dep., at 20:13-24 (Dckt. No. 85-2).
Inmates with a law enforcement background often fall in that category. In that situation, the MCC initially places those inmates in the SHU for safety and security reasons. See Pl.’s Resp. to Def.’s Statement of Facts, at ¶¶ 8, 20 (Dckt. No. 86). It is a way of offering those inmates...
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