Lara-Grimaldi v. Cnty. of Putnam

• Decision Date: 29 March 2018
• Docket Number: No. 17-CV-622 (KMK),17-CV-622 (KMK)
• Parties: NANCY LARA-GRIMALDI, individually and as Administratrix of Estate of Alexandra Grimaldi, Plaintiff, v. COUNTY OF PUTNAM, DONALD SMITH, KAREN JACKSON, A. VILLANI, STEPHEN NAPOLITANO, CRIS STEWART, JOHN AND JANE DOES, et al., Defendants.
• Court: U.S. District Court — Southern District of New York

NANCY LARA-GRIMALDI, individually and as Administratrix of Estate of Alexandra Grimaldi, Plaintiff, v. COUNTY OF PUTNAM, DONALD SMITH, KAREN JACKSON, A. VILLANI,STEPHEN NAPOLITANO, CRIS STEWART, JOHN AND JANE DOES, et al., Defendants.

No. 17-CV-622 (KMK)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

March 29, 2018

OPINION & ORDER

Appearances:

Keith M. Szczepanski, Esq.

Beldock Levine & Hoffman LLP

New York, NY

Counsel for Plaintiff

James A. Randazzo, Esq.

Portale Randazzo LLP

White Plains, NY

Counsel for Defendants County Of Putnam, Donald Smith, Karen Jackson, A. Villani, and Stephen Napolitano

Drew W. Sumner, Esq.

Morris Duffy Alonso & Faley

New York, NY

Counsel for Defendants County Of Putnam, Donald Smith, Karen Jackson, A. Villani, and Stephen Napolitano

Jonathan E. Symer, Esq.

Law Offices of James A. Steinberg

Poughkeepsie, NY

Counsel for Defendant Christopher Stewart

Ellen A. Fischer, Esq.

Steinberg & Symer, LLP

Poughkeepsie, NY

Counsel for Defendant Christopher Stewart

KENNETH M. KARAS, United States District Judge:

Plaintiff Nancy Lara-Grimaldi ("Plaintiff"), individually and as Administratrix of the Estate of Alexandra Grimaldi ("Grimaldi"), brings the instant Action against the County of Putnam ("Putnam County"), Putnam County Sheriff Donald Smith ("Smith"), Sergeant Karen Jackson ("Jackson"), Correction Officer A. Villani ("Villani"), Correction Officer Steven Napolitano ("Napolitano," and together "County Defendants"), and Nurse Christopher Stewart ("Stewart," and together with County Defendants, "Defendants"), for wrongful death of Grimaldi. (See generally Compl. (Dkt. No. 1).)¹ Plaintiff brings eight claims: (1) federal claims under 42 U.S.C. § 1983 against Smith, Jackson, Villani, Napolitano, and Stewart (together, "Individual Defendants") for violations of Plaintiff's First, Eighth, and Fourteenth Amendment Rights; (2) federal claims under 42 U.S.C. § 1983 against Putnam County for the aforementioned Constitutional violations; (3) federal claims against Putnam County for violations of Title II of the ADA, 42 U.S.C. §§ 12131-12134, and the Rehabilitation Act, 29 U.S.C. § 794; (4) state law wrongful death claims against the Individual Defendants; (5) state constitutional law claims under Article I § 12 against the Individual Defendants; (6) state law negligence claims against the Individual Defendants; (7) state law claims of negligent hiring, training, and supervisionagainst Putnam County; and (8) state law respondeat superior claims against Putnam County. (See generally id.)

Before the Court is Stewart's Motion To Dismiss the Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "Stewart Motion"), (see Dkt. No. 31; Def. Stewart's Mem. of Law in Supp. of Mot. To Dismiss ("Def. Stewart's Mem.") (Dkt. No. 32)), and County Defendants' Motion To Dismiss the Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (the "County Defendant's Motion"), (see Dkt. No. 34; Cty. Defs.' Mem. of Law in Supp. of Mot. To. Dismiss ("Cty. Defs.' Mem.") (Dkt. No. 36)).

For the reasons that follow, the Motions are granted in part and denied in part.

I. Background

The following facts are taken from the Complaint and are accepted as true for the purposes of this Motion. At the time of the events described herein, Grimaldi was a pre-trial detainee at Putnam County Correctional Facility ("PCCF"). (See Compl. ¶¶ 34, 84(a).)

A. Factual Background

Grimaldi resided in the Town of Carmel, County of Putnam in New York State. (Id. ¶ 8.) According to Plaintiff, Grimaldi's mother and Administratrix of the Estate of Alexandra Grimaldi, (id. ¶ 9), "Grimaldi began struggling with an opioid addiction in or about 2012," (id. ¶ 27). Her "first arrest for heroin possession occurred in Putnam County in or about 2012." (Id. ¶ 28.) "Grimaldi was subsequently arrested on approximately five other occasions for heroin possession and/or possession of a hypodermic needle." (Id. ¶ 29.) "Grimaldi had been detained at PCCF on at least three prior occasions, most recently in December 2014." (Id. ¶ 37.) Sadly,on October 28, 2015, Grimaldi hanged herself in her cell at PCCF. (Id. ¶ 2.) She was 23 years old. (Id. ¶ 8.)

"On October 27, 2015, at approximately 3:30 p.m., after having lunch with her father, her aunt, and her uncle, . . . Grimaldi was waiting outside of her father's home for a cab when an unmarked Town of Kent Police Department car arrived." (Id. ¶ 30.) "[T]he officers had a warrant for . . . Grimaldi's arrest for violating the terms of her probation." (Id. ¶ 31.) During a search incident to the arrest, the officers "found a hypodermic needle and a bag of marijuana." (Id. ¶ 32.) Grimaldi was charged with violating the terms of her probation, possession of a hypodermic needle, and criminal possession of marijuana. (Id. ¶ 33.) After being taken into custody, Grimaldi was transported to the Kent Justice Court, where she was arraigned and remanded to PCCF. (Id. ¶ 34.) Upon arrival at PCCF, Grimaldi was sent to the Putnam Hospital Center ("PHC") "to receive treatment for a knee injury she sustained prior to being taken into custody." (Id. ¶ 35.) Following treatment, she "was transported back to PCCF, where she was processed." (Id. ¶ 36.)

At PCCF, Napolitano conducted an intake interview of Grimaldi. (Id. ¶ 42.) Plaintiff alleges that "[u]pon information and belief . . . Grimaldi told . . . Napolitano that she had previously attempted suicide, that she injected heroin within the last day, and that she suffered from mental health issues, including bipolar disorder." (Id. ¶ 43.) During the interview, Napolitano filled out New York State Commission of Correction Screening Guidelines ("Screening Guidelines") Form 330 ADM. (See Decl. of James A. Randazzo, Esq. ("Randazzo Decl.") Ex. B ("Form 330 ADM"), at 1 (Dkt. No. 35).)² In "Column A," Napolitano checkedboxes indicating Grimaldi had a "history of drug or alcohol abuse," noting heroin was last used on "10/26;" a "history of counseling or mental health evaluation/treatment," noting "bi-polar;" and "previous suicide attempt," noting it was "4 yrs ago." (Id.) "Napolitano recommended 'routine supervision' for . . . Grimaldi while she was incarcerated at PCCF." (Compl. ¶ 44; see also Form 330 ADM, at 1.)³ Jackson then reviewed the intake form and suicide prevention form prepared by Napolitano and allegedly "concurred with Napolitano's recommendation to provide . . . Grimaldi with 'routine supervision,' despite knowing that . . . Grimaldi informed . . . Napolitano that she had previously attempted suicide, suffered from mental health issues, and had recently injected heroin." (Compl. ¶ 45.) Grimaldi was then examined by Stewart. (Id. ¶ 46.) Plaintiff alleges "Stewart also agreed with . . . Napolitano's recommendation for 'routine supervision,' despite knowing that . . . Grimaldi informed . . . Napolitano that she had previously attempted suicide, suffered from mental health issues, and had recently injected heroin." (Id. ¶ 47.) Plaintiff asserts that the "grossly inadequate response to . . . Grimaldi's need for a heightened form of supervision as a result of her previous suicide attempt, mental health issues, and recent drug use constitutes a policy of deliberate indifference to serious medical/psychiatric needs of incarcerated people at PCCF and ultimately resulted in her suicide." (Id. ¶ 48.)

Plaintiff contends that "[d]uring previous detentions at PCCF, when . . . Grimaldi reported the same physical and mental health conditions, she was placed on a heightened supervision schedule." (Id. ¶ 41.) Plaintiff also alleges "[u]pon information and belief, the PCSD ["Putnam County Sheriff's Department"] Correction Officers working at PCCF knew . . . Grimaldi and knew that she struggled with opioid addiction and mental health issues, including bipolar disorder." (Id. ¶ 38.) Additionally, "Grimaldi's case file at PCCF included information about her previous arrests for possession of heroin and/or a hypodermic needle, her mental health issues, which included a bipolar disorder diagnosis, and information about her previous suicide attempt." (Id. ¶ 39.) And, "[d]ocuments from . . . Grimaldi's prior incarcerations at PCCF include handwritten medical requests made by . . . Grimaldi that state, 'NEED MEDS GOING CRAZY!,' 'HELP ME!,' and 'CAN'T SLEEP! NEED MY MEDS! PLEASE! ASAP!'" (Id. at ¶ 40.)

The next day, on October 28, 2015, Villani allegedly "reviewed . . . Grimaldi's charges and case file while completing an 'Inmate Classification Points Sheet.'" (Id. ¶ 49.) Plaintiff avers that "Villani did not properly calculate . . . Grimaldi's classification, which resulted in a higher score." (Id. ¶ 50.) According to Plaintiff, had Villani properly calculated Grimaldi's "prior misbehavior and disciplinary infractions at PCCF, she would have received a lower classification score and additional supervision from correction officers." (Id. ¶ 51.)

Plaintiff contends that "in the late morning or early afternoon of October 28th . . . Grimaldi began to suffer from heroin withdrawal symptoms." (Id. ¶ 52.) Allegedly, "in the early afternoon . . . Grimaldi cried out for help to PCSD Correction Officers who were monitoring her area of the PCCF, but those calls went unanswered." (Id. ¶ 53.) Plaintiff alleges"[u]pon information and belief, the withdrawal symptoms . . . Grimaldi experienced were treatable if they had been acted upon by PCSD Correction Officers and/or PCCF medical officials." (Id. ¶ 54.) However, "the PCCF Correction Officers and medical officials did nothing to address [Grimaldi's] withdrawal symptoms." (Id. ¶ 55.)

"[A]t approximately 3:20 p.m., . . . Grimaldi hanged herself on her cell bars with a bedsheet that was issued to her by PCCF." (Id. ¶ 56.) "[A]t least 15-20 minutes later, PCSD officers found . . . Grimaldi, unresponsive, hanging from the cell bars with a bedsheet issued by PCCF tied around her neck." (Id. ¶ 57.) Plaintiff alleges that "PCSD Correction Officers did not check on . . . Grimaldi...