Matos ex rel. Matos v. O'Sullivan

• Decision Date: 02 July 2003
• Docket Number: No. 02-1590.,02-1590.
• Citation: 335 F.3d 553
• Parties: Maria E. MATOS, on behalf of all wrongful death beneficiaries of Luis R. MATOS, Jr., Deceased, and as Special Administrator of the Estate of Luis R. Matos, Jr.; Carlito Maxwell, a minor, son of the Decedent; Anasthasia Sanchez, daughter of the Decedent; Christina Diaz, daughter of the Decedent; and Benjamin Diaz, son of the Decedent, Plaintiffs-Appellants, v. William O'SULLIVAN; Amy Lipcaman; Rose J. Cox, M.A.; Charles R. Bartels, M.S.; and Judith A. Terrell, M.D., Defendants-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 553

335 F.3d 553

Maria E. MATOS, on behalf of all wrongful death beneficiaries of Luis R. MATOS, Jr., Deceased, and as Special Administrator of the Estate of Luis R. Matos, Jr.; Carlito Maxwell, a minor, son of the Decedent; Anasthasia Sanchez, daughter of the Decedent; Christina Diaz, daughter of the Decedent; and Benjamin Diaz, son of the Decedent, Plaintiffs-Appellants, v. William O'SULLIVAN; Amy Lipcaman; Rose J. Cox, M.A.; Charles R. Bartels, M.S.; and Judith A. Terrell, M.D., Defendants-Appellees.

No. 02-1590.

United States Court of Appeals, Seventh Circuit.

Argued May 16, 2003.

Decided July 2, 2003.

Joan M. Mannix (argued), Harte & Associates, Chicago, IL, John C. Wunsch, Chicago, IL, for Plaintiffs-Appellants.

Nadine J. Wichern (argued), Office of Attorney General, Civil Appeals Div., Chicago, IL, James F. Best (argued), Holly R. Stevens, Best, Vanderlaan & Harrington, Wheaton, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.

FLAUM, Chief Judge.

In August 1998 Luis Matos committed suicide by hanging himself in his cell at the Western Illinois Correctional Facility. Maria Matos, the deceased's sister and guardian of his estate, and Luis Matos's children (collectively "the Estate") brought this action under 42 U.S.C. § 1983 and Illinois state law, claiming that prison warden William O'Sullivan, correctional officer and crisis team member Amy Lipcaman, prison intake psychologist Charles Bartels, prison treating psychologist Dr. Rose Cox, and prison treating physician Dr. Judith Terrell, each violated Luis Matos's constitutional rights by acting with deliberate indifference to his risk of suicide. The Estate now appeals from the district court's grant of summary judgment in favor of all defendants on the federal § 1983 claim and the court's decision not to exercise jurisdiction over the Illinois state law claims. We affirm.

I. BACKGROUND

Luis Matos first entered the Illinois prison system on August 9, 1996, at the Joliet Correctional Center ("Joliet"). At that time he participated in a routine mental health screening interview with Illinois Department of Corrections employee Charles Bartels, who holds a masters degree in clinical psychology and counseling. Bartels's report of his interview with Matos stated:

This 35 year old was seen on 8/9/96 for screening without benefit of any corroborative data except which he was willing and able to reveal. He was alert. He was oriented in three spheres. Mood was appropriate. Affect was within normal limits. A history of substance abuse was admitted. Current substance abuse was admitted.... Present suicidal ideation is denied. Present evidence of major depression was not noted. Hallucinations were denied. A history of psychiatric treatment was denied. Anticipated difficulties of adjustment were denied. Present family contact was reported. Need for present mental health services was denied.

Also on that day, Matos provided information about his mental health to a different prison employee who recorded it on a "Reception and Periodic Medical History" form. This form stated that Matos had a history of psychological treatment, had suffered from manic depression-schizophrenia, had attempted suicide in 1995 by jumping in front of a train, and was in urgent need of a mental health referral. There is no other evidence in the record indicating that Matos suffered from any psychiatric or psychological problems during his initial 10-month term of imprisonment in Joliet.

Matos was on supervised release from his 1996 sentence when he was arrested for driving under the influence of alcohol and without a license in November 1997. He served his time for these infractions in the custody of DuPage County, Illinois, until June 18, 1998, at which time he returned to the custody of the Illinois Department of Corrections to serve the remainder of his 1996 sentence for violating the terms of his supervised release. At Joliet, Matos again underwent the routine "Reception and Classification" intake process, and again was interviewed by Charles Bartels. Bartels's report on Matos in 1998 was nearly identical to the one from the 1996 interview, except that Matos was asked a few additional questions in 1998 about his history of sexual abuse or assault. Matos apparently did not fill out a new "Reception and Periodic Medical History" form at this time, and there is no evidence that the information from the 1996 form was provided to or known by Bartels or any other Department of Corrections employee when Matos re-entered the Illinois prison system in 1998.

A week later, on June 26, 1998, Matos was transferred from Joliet to the Western Illinois Correctional Facility ("Western") to serve out his sentence. A few days after he arrived at Western, Matos was evaluated by staff psychologist Dr. Rose Cox due to the recent death of his father. Dr. Cox's report of June 30, 1998, stated:

Inmate denies reports of any suicidal ideations or homicidal ideations at the present time. Inmate states he doesn't want counseling. Inmate states he is feeling depressed however, he is not suicidal. Inmate was crying on during session while processing feeling of frustration dealing with recent death of father.

Inmate he wanted to know if he could talk to his mother by phone.... I have encouraged this inmate to come for counseling however, he declined. No further follow up at this time. Will refer this inmate to see Dr. Newman for psychotropic consultation. I have requested therapeutic call for 5 minutes only be granted to the inmate to call his family.

A few days later, Matos asked to speak with one of the prison's crisis team members about his feelings of depression, frustration, and confusion related to the death of his father. Correctional officer and crisis team member Amy Lipcaman immediately responded to his request and interviewed Matos within five minutes of receiving his call. Her report of July 4, 1998, stated that Matos was "having troubles coping with two recent deaths in family (mother and father),"¹ was unable to "find comfort from family due to transferring in [to Western from Joliet] and being assigned to locked down wing," and was "very emotional but felt he could resolve the problem. Did not feel he wanted to hurt himself or others at this time." Lipcaman's report also stated that Matos would be referred to a psychologist.

Not long after his conversation with Lipcaman, Matos suffered a seizure and was taken to the prison's health care unit for observation. The following day, on July 13, 1998, Dr. Judith Terrell, Medical Director of the health care unit, treated Matos for his seizure disorder. After examining Matos and reviewing the lab reports from his initial physical, which was conducted on July 2 by another of the prison's doctors, Dr. Terrell increased Matos's prescription for his seizure medication, Phenobarbital. Dr. Terrell also noted that Matos showed no signs of compromised mental ability from his seizure activity, nor of delusions, hallucinations, or psychopathology; nevertheless, Dr. Terrell referred Matos to Dr. Cox for a "follow-up evaluation."

Following Dr. Terrell's referral, Matos met again with Dr. Cox on July 15. Dr. Cox's report of this session states that Matos was alert and lucid, that he denied any suicidal or homicidal ideations, and that he gave no indication of delusions or hallucinations, although he admitted to feeling distressed about his father's death. Dr. Cox noted that no crisis watch was needed and that Matos should enroll in the prison's stress management program. Dr. Cox stated in her affidavit, and it is undisputed by the Estate, that it was her professional opinion following her sessions with Matos that he did not pose a threat to himself or others. Had he posed such a threat, Dr. Cox stated that she would have arranged immediately for precautions to be put into place.

Dr. Terrell saw Matos again on July 20 for follow-up treatment for his seizures. Dr. Terrell's report from her exam stated that Matos was non-compliant with his seizure medication and complained of drowsiness from taking another prescribed medication; as before, Dr. Terrell did not observe any evidence of mental incapacity, delusions, hallucinations, or psychopathology. Matos had blood drawn a few days later and the test again showed his medication levels to be sub-therapeutic. On August 4, 1998, a nurse met with Matos to discuss with him the importance of taking his seizure medication daily. There is no evidence of further seizure activity before Matos's death on August 8, nor any evidence that the seizures or his preventative medications contributed in any way to Matos's suicide.

As additional evidence of Matos's alleged predisposition to suicide, the Estate submitted the expert report of Dr. Ronald Shlensky, a board-certified psychiatrist specializing in forensic psychiatry, and the affidavit of Maria Matos, the deceased's sister. Dr. Shlensky opined that "it was quite clear that [Matos] was psychotically depressed and suicidal" and that he possessed "almost every single danger sign of a suicide risk." Dr. Shlensky based his opinion on (1) Matos's self-reported history of suffering...