McKnight v. Garriott
| Decision Date | 16 November 2018 |
| Docket Number | Case No. 3:15-cv-159-J-39JRK |
| Parties | AVERY MCKNIGHT, JR., Plaintiff, v. JEREMY P. GARRIOTT, etc.; et al., Defendants. |
| Court | U.S. District Court — Middle District of Florida |
Plaintiff Avery McKnight, Jr., proceeding on a Third Amended Complaint (Complaint (Doc. 72),1 asserts a violation of his rights under the Fourth, Eighth and Fourteenth Amendments.2 Complaint at 17-22. He claims Officers Jeremy P. Garriott and Stephen P. Votava used excessive force against him on July 31, 2014, after Plaintiff had been handcuffed and secured in the back seat of a police car. Id. at 3. He claims Sergeant James P. Morgan watched this assault and beating and failed to intervene. Id. Plaintiff further claims Officers Garriott and Votava were deliberately indifferent to his serious medical needs in failing to provide or seek medical assistance for Plaintiff's serious medical needs, instead leaving him on the ground, handcuffed and hogtied, concussed and bleedingfrom his face, for over an hour. Id. Plaintiff claims Defendants Garriott, Votava, and Morgan were deliberately indifferent to his serious mental health needs, as they recognized Plaintiff was suffering from mental illness and exhibiting bizarre behavior, but failed to seek mental health care or document the behavior for reviewing jail staff. Id. at 10-11. In addition, Plaintiff claims Defendants Chief Alvaro Diaz, Chief of the Division of Health Services; Scholastica Okafor, licensed practical nurse; and Melissa Peterson, certified medical assistant,3 were deliberately indifferent to Plaintiff's serious medical needs once Plaintiff was at the jail. Id. at 12-17, 20-21.
Plaintiff names all Defendants in their individual capacities. Of note, he names Defendant Diaz in his official capacity as well. Id. at 1, 4-5. As relief, Plaintiff seeks compensatory and punitive damages, costs, and attorneys' fees. Id. at 21-22.
In support of his claims, Plaintiff alleges the following factual allegations. Plaintiff, during the evening of July 31, 2014, went to the Federal Bureau of Investigation (FBI) Field Office in Jacksonville, Florida, seeking protection because he believed persons were following him and trying to kill him. Id. at 5. Upon approaching the gate of the facility, Plaintiff spoke with the security officer, Frederick Henshaw. Id. at 5-6. Plaintiffhad a pistol on his person, and he showed Mr. Henshaw the pistol in a non-threatening manner. Id. at 6. Mr. Henshaw told Plaintiff to leave. Id. Plaintiff climbed over the gate. Id. Mr. Henshaw drew his pistol and told Plaintiff to drop his pistol. Id. Plaintiff complied, dropping the pistol, and then finished climbing over the fence. Id. Mr. Henshaw detained and handcuffed Plaintiff in the front of his body, without a struggle or incident. Id.
Defendants Garriott, Votava, and Morgan, officers of the Jacksonville Sheriff's Office (JSO), responded to the scene in squad cars. Id. Mr. Henshaw turned Plaintiff over to the police officers. Id. An officer re-cuffed Plaintiff behind his back. Id. The officers escorted Plaintiff from the security building and placed him into the rear driver's seat of Officer Garriott's squad car. Id. at 6-7. Plaintiff had no injuries to his face. Id.
Plaintiff remained alone and handcuffed in the back seat of a squad car for nearly an hour, without incident, while the officers completed their investigation. Id. at 7. The officers returned to the squad car containing Plaintiff. Id. Officer Votava pulled Plaintiff out of the back seat of the squad car by the collar of his shirt, without reason, justification, provocation, or necessity. Id. Plaintiff remained handcuffed behind his back and defenseless. Id. Officer Votava threw Plaintiff to the ground. Id. Plaintiff's head hit the ground, causing him severe pain, dizziness, and loss of vision. Id.
While Plaintiff was on the ground, Officers Garriott and Votava beat, punched, kicked, kneed, and assaulted and battered Plaintiff, causing severe physical injuries to his head and body, including bleeding, bruising, and scarring. Id. Plaintiff pleaded with the officers to stop, and then resorted to screaming "help me." Id. Officer Votava positioned his knee on Plaintiff's temple and banged Plaintiff's head on the concrete. Id. One of the officers, either Votava or Garriott, took a flashlight or other cylindrical item and tried to force it into Plaintiff's mouth. Id. Officer Votava used his knee and body weight to rub and grind Plaintiff's head against the concrete. Id. This caused the skin to peel from Plaintiff's face. Id.
Defendant Sergeant Morgan stood nearby and watched as the officers assaulted and battered Plaintiff. Id. at 8. He failed to intervene or make any attempt to stop the beating. Id. The officers placed Plaintiff in a Total Appendage Restraint (TAR) (a hogtie or hobble, with Plaintiff's legs strained backwards and connected to the handcuffs behind his back). Id. Approximately five minutes elapsed from the time Plaintiff was ripped out of the back seat until he was picked up and thrown back in the squad car. Id. He was not secured with a seat belt. Id. At this point, the officers returned to their squad cars and left the FBI grounds. Id.
During the approximately twelve-mile ride from the FBI office to the JSO pre-trial detention facility (PTDF), Defendant Garriott drove erratically, slamming Plaintiff's head into the door and the back of the front seat. Id. at 9. Repeatedly, Plaintiff asked to be taken to the hospital as he was in severe pain. Id. At the time Plaintiff arrived at the PTDF, he was battered, bleeding, bruised, and swollen. Id.
Upon arrival at the PTDF, Defendants Votava and Garriott removed Plaintiff from the police car and placed him on the ground, on his stomach, still restrained in the TAR. Id. Plaintiff could not move and had difficulty breathing. Id. Plaintiff remained in the TAR, face-down on the ground, for over an hour. Id. Defendants Votava and Garriott mocked, threatened, and intimidated Plaintiff while he was on the ground. Id. They failed to seek medical attention for Plaintiff. Id.
The JSO Response to Resistance (RTR) provision provides officers should handle as a medical emergency observed behaviors of an individual who has lost touch with reality, exhibiting bizarre behavior and mental confusion. Id. at 9-10. Defendants Votava, Garriott, and Morgan observed Plaintiff's bizarre behavior and knew he was suffering from mental illness and had lost touch with reality. Id. at 10. Although the officers later described Plaintiff as acting schizophrenic and suffering from a psychotic break or mental illness, they did not include this information inthe arrest report. Id. The officers did not report Plaintiff's bizarre behavior to the medical staff at the PTDF. Id. Defendants Votava and Garriott did not complete an RTR form noting Plaintiff suffered injury after a use of force, including the use of a TAR. Id. at 11. Defendants Votava and Garriott failed to document that a TAR had been used during the arrest. Id.
Upon being booked at the PTDF, Defendant Okafor performed a medical screening. Id. at 12. Prior to the examination, she told Plaintiff he was not going to be transported to the hospital. Id. Despite Plaintiff's visible injuries, Plaintiff's complaints of pain, and provision of an explanation of what had occurred, Defendant Okafor ignored Plaintiff's complaints and requests for sutures for his wounds and x-rays for his torso, back, and head. Id. Plaintiff exhibited active bleeding from both sides of his face, wrists, and shoulder, and complained of severe head, torso, and back pain due to a beating. Id.
Defendant Okafor provided an ice pack for Plaintiff's swollen face. Id. She did not provide any pain medication or other treatment. Id. at 12-13. She failed to document Plaintiff's injuries or the incident, and she failed to send Plaintiff to Shands Hospital. Id. at 13.
Thereafter, Plaintiff met with Defendant Peterson during the booking process. Id. She was to undertake a further medical screening of Plaintiff, including a visual assessment ofPlaintiff's condition and a review of the arrest and booking report. Id. Defendant Peterson noted a large abrasion that was significant and documented Plaintiff was involved in a physical altercation during his arrest. Id. Plaintiff's face was bloody and swollen, and he asked for medical assistance due to severe pain. Id. at 14. Defendant Peterson cleared Plaintiff for admission to the PTDF, assigned Plaintiff to a top bunk, and told him he did not need any assistance for daily living. Id. Plaintiff had difficulty climbing to the top bunk, dressing himself, and bathing due to his injuries. Id.
Plaintiff completed a health services request form on Friday, August 1, 2014. Id. He complained of pain in his face, hands, and back. Id. He stated his pain was a 10 on a scale of 1 to 10, and he described it as the worst pain of his life. Id. He said the pain occurred often, with thirty episodes in the last twenty-four hours. Id. He suffered blurry vision, nausea, and swelling of the left eye. Id. Plaintiff received no medical attention, treatment, or medication over the weekend. Id. A staff member processed the request on Monday, August 4, 2014. Id.
Thereafter, on August 5, 2014, Plaintiff met with nurses Valerie Thompson and Brenda Davies. Id. Plaintiff described the arrest incident and reported his level of pain. Id. A nurse provided him with a single dose of Tylenol and ointment for his wounds. Id. at 14-15. On August 11, 2014, Plaintiff requested agrievance form. Staff processed the request on August 13, 2014, and Plaintiff received the form on August 14, 2014. Id. He completed the form on August 14, 2014. Id. Plaintiff explained his injuries and complained of pain. Id. Staff received the form on August 15, 2014, and denied relief on August 20, 2014. Id. Plaintiff received the response on August 29, 2014, denying the grievance without a...
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