A.M. v. New Mexico Dep't of Health
| Decision Date | 07 December 2015 |
| Docket Number | No. CIV 13-0692 JB/WPL,CIV 13-0692 JB/WPL |
| Parties | A.M., through her Guardian ad Litem, JOLEEN YOUNGERS, Plaintiff, v. NEW MEXICO DEPARTMENT OF HEALTH; LOS LUNAS CENTER FOR PERSONS WITH DEVELOPMENT DISABILITIES; ROGER ADAMS, individually and in his capacity as an agent for the New Mexico Department of Health; BETH SCHAEFER, individually and in her capacity as an agent for the New Mexico Department of Health; DAN SANDOVAL, individually and in his capacity as an agent for the New Mexico Department of Health; JOSEPH MATEJU, individually and in his capacity as an agent for the New Mexico Department of Health; NEW MEXICO AGING AND LONG-TERM SERVICES DEPARTMENT; and THE ADULT PROTECTIVE SERVICES DIVISION OF NEW MEXICO AGING AND LONG-TERM SERVICES DEPARTMENT, Defendants. |
| Court | U.S. District Court — District of New Mexico |
A.M., through her Guardian ad Litem, JOLEEN YOUNGERS, Plaintiff,
v.
NEW MEXICO DEPARTMENT OF HEALTH;
LOS LUNAS CENTER FOR PERSONS WITH DEVELOPMENT DISABILITIES; ROGER ADAMS,
individually and in his capacity as an agent for the New Mexico Department of Health;
BETH SCHAEFER, individually and in her capacity as an agent for the New Mexico Department of Health;
DAN SANDOVAL, individually and in his capacity as an agent for the New Mexico Department of Health;
JOSEPH MATEJU, individually and in his capacity as an agent for the New Mexico Department of Health;
NEW MEXICO AGING AND LONG-TERM SERVICES DEPARTMENT;
and THE ADULT PROTECTIVE SERVICES DIVISION
OF NEW MEXICO AGING AND LONG-TERM SERVICES DEPARTMENT, Defendants.
No. CIV 13-0692 JB/WPL
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
December 7, 2015
MEMORANDUM OPINION1
THIS MATTER comes before the Court on the Individual DOH Defendants' Motion and Memorandum to Dismiss Plaintiff's Court Access Claims Under the First and Fourteenth Amendments on the Basis of Qualified Immunity, filed May 23, 2014 (Doc. 45)("MTD"). The Court held a hearing on October 23, 2014. The primary issues are: (i) whether Defendants Dan
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Sandoval, Roger Adams, Joseph Mateju, and Beth Schaefer (collectively "Individual DOH Defendants") violated Plaintiff A.M.'s right to court access under the First and Fourteenth Amendments to the Constitution of the United States of America when they discharged A.M. in 1979 without opportunity to object and when they, during her subsequent confinement, did not ensure A.M.'s access to the judicial system; and (ii) whether qualified immunity protects the Individual DOH Defendants because the law was not clearly established. The Court will grant the MTD, because the Individual DOH Defendants are entitled to qualified immunity. The Court concludes that: (i) A.M. was denied meaningful access to the courts in violation of the First and Fourteenth Amendments; (ii) the Individual DOH Defendants proximately caused Mary Evan's -- the owner of the Homestead House -- violation of A.M.'s First and Fourteenth Amendment right to access the courts; and (iii) the Individual DOH Defendants are entitled to qualified immunity, because proximate causation for First and Fourteenth Amendment court access violations was not clearly established in 1979, and is not clearly established today. The Court therefore grants the MTD.
The Court takes its facts from the Complaint, as it must when considering a motion to dismiss for failure to state a claim under rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court has reorganized the factual material in the Complaint, however, to explain the facts more clearly.
1. The Parties.
A.M. is a sixty-six-year-old woman who has been diagnosed with various developmental disabilities. See Amended Original Complaint for Damages ¶ 66, at 18, filed June 14, 2013 in the state court, filed July 26, 2013 in the district court (Doc. 1-2)("Complaint"). A.M. was
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involuntarily committed to the New Mexico Department of Health ("DOH") by court order on May 8, 1963, when she was sixteen years old, because her developmental disabilities rendered her unable to care for herself. See Complaint ¶¶ 67-69, at 18-19. Because of her disabilities, A.M. brings this action through her guardian ad litem, Joleen Youngers. See Complaint ¶ 66, at 18.
The DOH operates all of the state facilities that house and treat people with developmental disabilities in the State of New Mexico. See Complaint ¶ 8, at 4. One of these facilities is the Los Lunas Center for Persons with Developmental Disabilities -- formerly known as the Los Lunas Hospital and Training School ("Los Lunas Hospital"). Complaint ¶ 8, at 4. The Fort Stanton Hospital and Training School ("Fort Stanton") was another DOH facility for individuals with developmental disabilities, and was an affiliate of the Los Lunas Hospital. Complaint ¶¶ 8-9, at 4. Because the Complaint refers to the Los Lunas Hospital and Fort Stanton collectively as the "Training School," the Court will do so throughout this Memorandum Opinion ("MO"). Complaint ¶ 1, at 1-2; id. ¶ 11, at 4-5. Moreover, because the Complaint refers to the DOH and the Training School collectively as "the DOH Defendants," the Court will do so throughout this MO. Complaint ¶ 11, at 4
Before 1992, the New Mexico Human Services Department ("HSD") was responsible for operating Adult Protective Services ("APS")2 in New Mexico. Complaint ¶ 22, at 8. APS is responsible for protecting adults with developmental disabilities from exploitation, abuse, and neglect. See Complaint ¶ 22, at 8. APS must also ensure that those adults receive the treatment
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and social services that they need. See Complaint ¶ 22, at 8. From 1992 to 2005, the New Mexico Children Youth and Families Department ("CYFD") inherited HSD's responsibilities for all protective services in the state, including APS. Complaint ¶ 23, at 8. CYFD was responsible for the continuing coordination and supervision of APS, for adopting rules and regulations necessary to implement and operate APS, and for evaluating APS' effectiveness. See Complaint ¶ 23, at 8. In 2005, the New Mexico Aging and Long-Term Services Department ("ALTSD") inherited APS from CYFD and has since then operated APS. Complaint ¶ 24, at 8-9. Similar to its predecessors, the ALTSD is responsible for the continuing coordination and supervision of APS, for adopting rules and regulations necessary to implement and operate APS, and for evaluating APS' effectiveness. See Complaint ¶ 25, at 9. Because the Complaint refers to the ALTSD, APS, and the DOH Defendants as the "State Agency Defendants," the Court will do so throughout this MO. Complaint ¶ 27, at 9.
Schaefer was an attorney for the DOH and the Training School from September 13, 1976, to December 31, 2001. See Complaint ¶ 14, at 5. Sandoval was the Director of Resident Living for the Training School between 1979 and 1985. See Complaint ¶ 16, at 5. As Director of Resident Living, Sandoval was in charge of social services and the Training School's social workers. See Complaint ¶ 45, at 12. Sandoval was also a member of the Training School's Screening Committee on Admissions and Releases ("SCAR") and, at times, its chairman. Complaint ¶ 16, at 6.
Defendant Roger Adams was the Training School's Deputy Administrator or Acting Administrator "during the relevant time period."3 Complaint ¶ 18, at 6. Adams made hundreds
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of decisions regarding the placement and treatment of Training School residents -- including the Training School's placement and discharge decisions relating to A.M. See Complaint ¶ 18, at 6. Adams chaired SCAR, attended most SCAR meetings, and approved A.M.'s discharge from aftercare without taking any steps to ascertain whether she would be safe or have her medical and other needs met. See Complaint ¶ 18, at 6.
Defendant Joseph Mateju was the Training School Administrator "during the relevant time period."4 Complaint ¶ 20, at 7. As Administrator, he made the final decisions regarding the placement and treatment of Training School residents, and all placement and discharge decisions relating to A.M. See Complaint ¶ 20, at 7. He also had the authority to unilaterally accept and remove individuals from the Training School. See Complaint ¶ 20, at 7. Mateju was responsible for the placement of many residents -- including A.M. -- into third-party homes, boarding homes, and other outside facilities. See Complaint ¶ 20, at 7. Mateju personally attended SCAR meetings during which A.M. was discussed, and he personally approved decisions regarding her discharge from DOH treatment without taking any steps to ascertain whether she would be safe, or have serious medical and other needs addressed. See Complaint ¶ 20, at 7. Mateju had responsibility for ensuring that appropriate measures were taken to: (i) provide for A.M.'s health, safety, and well-being; (ii) ensure that she received appropriate services; and (iii) ensure that A.M. continued to receive those services in any third-party placements. See Complaint ¶ 20, at 7-8.
2. The Aftercare Program.
Over a period of two decades -- through the 1970s and 1980s -- the DOH Defendants systematically transferred hundreds of developmentally disabled individuals from state
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institutions to various private third parties throughout New Mexico. See Complaint ¶ 2, at 2; id. ¶ 37, at 10. These private third parties ranged from boarding homes to private residences and commercial enterprises. See Complaint ¶ 2, at 2. The Defendants called this program "aftercare"; the developmentally disabled individuals placed with third parties through the aftercare program were called "aftercare residents." Complaint ¶ 2, at 2; id. ¶ 38, at 11.
The Defendants placed aftercare residents with private third parties "without anyone's informed consent, without the appointment of guardians or any other legally-authorized surrogate decision-makers, without permission from the courts that committed them to the state institutions . . . , and without due process of law." Complaint ¶ 3, at 2. In some cases, the Defendants contacted ex parte the judicial authorities that had committed aftercare residents to the Training School and "provided misleading information to them concerning the status of individuals discharged from the Training School." Complaint ¶ 3, at 2-3. In other cases, the Defendants did not communicate with the judicial authorities that committed individuals to the Training School before transferring those individuals to private third parties. See Complaint ¶ 3, at 2-3.
After transferring aftercare residents to their third-party placements, the DOH and the Individual DOH Defendants "abandoned" them. Complaint ¶ 3, at 2. The DOH and the Individual DOH Defendants neither provided them with the services that they needed, nor protected them from abuse, neglect, or exploitation. See Complaint ¶ 3, at 2. When the events...
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