Lockard v. City of Lawrenceburg

• Citation: 815 F.Supp.2d 1034
• Decision Date: 06 September 2011
• Docket Number: Case No. 4:09–CV–113–TWP–TAB.
• Parties: Jamie N. LOCKARD, Plaintiff, v. The CITY OF LAWRENCEBURG, INDIANA, Brian Miller, in his Individual Capacity, Dearborn County Hospital, Ronald C. Cheek, M.D., Michael Lanning, Deborah Walston, John Doe # 1, John Doe # 2, Jane Doe # 1, and Jane Doe # 2, Defendant.
• Court: U.S. District Court — Southern District of Indiana

815 F.Supp.2d 1034

Jamie N. LOCKARD, Plaintiff,

v.The CITY OF LAWRENCEBURG, INDIANA, Brian Miller, in his Individual Capacity, Dearborn County Hospital, Ronald C. Cheek, M.D., Michael Lanning, Deborah Walston, John Doe # 1, John Doe # 2, Jane Doe # 1, and Jane Doe # 2, Defendant.

Case No. 4:09–CV–113–TWP–TAB.

United States District Court,S.D. Indiana,New Albany Division.

Sept. 6, 2011.

Douglas A. Garner, Zerbe Garner Miller & Blondell, Lawrenceburg, IN, for Plaintiff.

Edward J. Liptak, Jeremy Michael Dilts, Carson Boxberger, Bloomington, IN, Steven J. Cohen, Zeigler Cohen & Koch, Indianapolis, IN, for Defendants.

ENTRY ON MOTIONS FOR SUMMARY JUDGMENT

TANYA WALTON PRATT, District Judge.

This case raises difficult questions about the conflict between a person's right to bodily integrity and law enforcement's need to obtain evidence. Specifically, this lawsuit stems from the involuntary catheterization of Plaintiff Jamie Lockard (“Mr. Lockard”), administered after he had already voluntarily provided a blood sample but was either unwilling or unable to provide a urine sample to comply with a search warrant that required both samples. Lockard has sued all parties associated with his catheterization, including Lawrenceburg Police Officer Brian Miller (“Officer Miller”), Lawrenceburg Police Officer Michael Lanning (“Officer Lanning”), the City of Lawrenceburg, Dr. Ronald Cheek (“Dr. Cheek”), Deborah Walston, R.N. (“Nurse Walston”), and the Dearborn County Hospital (collectively, “Defendants”).

This matter is currently before the Court on three motions: (1) Officer Miller, Officer Lanning, and the City of Lawrenceburg's Motion for Summary Judgment (“Lawrenceburg's Motion”); (2) Dr. Cheek, Nurse Walston, and Dearborn County Hospital's Motion for Summary Judgment (the “Hospital's Motion”); and (3) Mr. Lockard's Motion for Partial Summary Judgment (“Lockard's Motion”). For the reasons set forth below, Lawrenceburg's Motion (Dkt. 50) and the Hospital's Motion (Dkt. 53) are GRANTED in their entirety and Lockard's Motion (Dkt. 79) is DENIED.

Background

At approximately 10:40 p.m. on March 13, 2009, Officer Miller pulled over Mr. Lockard after observing him driving at a high rate of speed and failing to stop at two stop signs. While speaking with Mr. Lockard, Officer Miller detected an odor of alcohol and observed physiological signs of intoxication, such as bloodshot eyes and slurred speech. Officer Miller began an OWI investigation, performing a series of field sobriety tests, which Mr. Lockard failed, and administering a portable breath test, which registered a reading of 0.07%. Officer Miller then asked Mr. Lockard to submit to a chemical test after advising him of Indiana's Implied Consent Law, but Mr. Lockard refused. Accordingly, Officer Miller arrested Mr. Lockard and applied for a search warrant. A search warrant was issued on March 14, 2009, at 12:10 a.m. by Magistrate Kimberly Schmaltz of the Dearborn Superior Court.

Importantly, the warrant provides: “You are hereby authorized and ordered, in the name of the State of Indiana with the necessary and proper assistance to obtain and remove a blood and urine sample from Jamie N. Lockard.” (emphasis added). The warrant goes on to say that Officer Miller was “ordered to seize such sample, obtained on such search, and forward such samples for immediate analysis.” Officer Miller requested both blood and urine samples in the warrant application, in part, because he had been trained that both should be obtained.

Specifically, in November 2008, Officer Miller attended a recertification continuing education course at which Dr. Wagner, the head of the Department of Toxicology at Indiana University, told the officer that Indiana University Department of Toxicology needed samples of both urine and blood specimens when completing toxicology kits. On this point, Officer Miller testified that the Department of Toxicology does “preliminary testing on the urine to have an idea what to test for in the blood ... [t]hat way they don't use the blood sample just running queries to see what may test positive in it.” ¹ Moreover, the state kit from the Department of Toxicology contained vials for both blood and urine. Finally, Officer Miller testified that because the warrant required both blood and urine samples, he felt obligated to obtain both, stating that “[i]t's an order from the judge ... I'm complying with the judge's order.”

After obtaining the search warrant, Officer Miller drove Mr. Lockard to Dearborn County Hospital, arriving at 12:34 a.m. Upon arrival, Officer Miller took Mr. Lockard to the registration desk and presented the search warrant to hospital personnel. At approximately 1:05 a.m., Mr. Lockard voluntarily provided a blood sample. Around this time, Officer Lanning arrived at the hospital to assist Officer Miller.

Officer Miller then asked Mr. Lockard to provide a urine sample. According to Officer Miller's testimony, Mr. Lockard initially went into the bathroom but then came out and stated that he could not give a sample. During his deposition, however, Mr. Lockard adamantly maintained that he had never entered a bathroom at the hospital, testifying that he “[n]ever stepped foot in no bathroom.” Officer Miller testified that he then asked Mr. Lockard if he needed a drink of water and repeatedly presented him with other options to help him urinate, but Mr. Lockard declined them.² Officer Miller further testified that Mr. Lockard stated, “that he wasn't going to give a sample and I could do what I had to do [referring to the catheterization].” On this point, Mr. Lockard testified as follows: “I didn't refuse ... I just said I didn't have to go right then” and, similarly, “I told him several times I didn't have to go because he scared me.” In sum, for purposes of the present motions, Mr. Lockard was either unable or unwilling to provide a urine sample. ³

In light of these circumstances, Officer Miller and/or Dr. Cheek ordered the catheterization.⁴ Dr. Cheek, in turn, told Nurse Walston to catheterize Mr. Lockard, and, at 1:29 a.m., Nurse Walston noted that Mr. Lockard was “here with police officer for a court ordered cath.” Around this time, Nurse Walston testified that she asked Mr. Lockard, “Why don't you just urinate” and he responded “Because I don't want to.”

At roughly 1:35 a.m., Officer Miller and Officer Lanning took Mr. Lockard to bed number nine in the Emergency Department; the curtains were pulled around the bed to protect Mr. Lockard's privacy; Officer Miller handcuffed Mr. Lockard to the bed; and Officer Miller and Officer Lanning grabbed Mr. Lockard's ankles in order to restrain him “so he wouldn't kick any of the nurses.” Officer Miller testified that during this time, Mr. Lockard was actively resisting the procedure. When asked if he complied with the catheterization, Mr. Lockard testified that he was “forced into complying.” Mr. Lockard told Nurse Walston that he did not want to be catheterized. Nonetheless, Nurse Walston pulled down Mr. Lockard's pants, exposing his genitalia, and prepared a sterile field by putting on sterile gloves and cleansing Mr. Lockard's penis with Betadine.

Nurse Walston subsequently prepared a straight size 16 Foley catheter for insertion by applying lubrication to the catheter. She then attempted to catheterize Mr. Lockard by beginning to insert the Foley catheter into his penis. Around this time, Mr. Lockard informed Nurse Walston that he had an enlarged prostrate. For this reason (and because she was perceiving a lack of cooperation on Mr. Lockard's part), Nurse Walston removed the Foley catheter and began preparing a Coude catheter, which is smaller and can pass through an enlarged prostrate. The procedure with the Coude catheter was completed and a urine specimen was obtained in roughly two minutes. Mr. Lockard claims that he suffered considerable pain during the procedure, describing it as “[j]ust as if somebody would take a burning hot coal and stick it up your penis” and “worse than a toochache.” Mr. Lockard was not examined following the catheterization, and he was discharged from the Dearborn County Hospital shortly after 2:00 a.m., into the custody of the Lawrenceburg police.

Mr. Lockard was taken to jail and charged with OWI, OWI Refusal, and Obstruction of Justice for refusing to consent or cooperate in the catheterization.⁵ While at jail, Mr. Lockard noticed that his urine was “cloudy.” Roughly one week after the incident, on March 20, 2009, Mr. Lockard visited Dr. Lynn Eiler for problems related to burning urination. Dr. Eiler prescribed Mr. Lockard antibiotics, which apparently cured the burning. However, Mr. Lockard's urinalysis was negative for infection. On June 15, 2009, Mr. Lockard again sought treatment for urination problems, this time with Dr. Samantha Wood. Dr. Wood referred Mr. Lockard to Mr. Michael Maggio, who, on July 6, 2009, noted that Mr. Lockard's prostate “was tender consistent with clinical prostatis.” That said, it is worth noting that Dr. Michael Koch, a physician hired by defense counsel, has reviewed the relevant evidence and opined that the catheterization at issue was “atraumatic and no urologic injury occurred to [Mr. Lockard].”

On April 3, 2009, the Indiana State Department of Toxicology received Mr. Lockard's blood and urine specimens for testing purposes. Weeks later, on April 20, 2009, Mr. Lockard entered into a plea agreement, in which he pleaded guilty to reckless driving and received a 180 day suspended sentence, 180 days of probation, a $100.00 fine, and was assessed $165.00 in court costs. On June 23, 2009, the Department of Toxicology reported that Mr. Lockard's blood ethanol level was 54 mg/dl (or 0.05%) and his urine ethanol level was 85 mg/dl (or 0.08%). On July 6, 2009, the Department of Toxicology reported that Mr. Lockard's blood tested positive for benzodiazepines, opiates, marijuana, oxycodone, opioids, and MDMA (i.e. ecstacy). Mr. Lockard's...