Monpas v. Multnomah Cnty.

• Docket Number: 3:23-cv-1006-HZ
• Decision Date: 09 September 2024
• Parties: COREY MONPAS, an individual, Plaintiff, v. MULTNOMAH COUNTY, a political Subdivision of the State of Oregon, and JOHN DOES 1-10, Defendants.
• Court: U.S. District Court — District of Oregon

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COREY MONPAS, an individual, Plaintiff, v. MULTNOMAH COUNTY, a political Subdivision of the State of Oregon, and JOHN DOES 1-10, Defendants.

No. 3:23-cv-1006-HZ

United States District Court, D. Oregon

September 9, 2024

Michelle R. Burrows

Christopher A. Gilmore

OPINION & ORDER

HERNANDEZ, SENIOR JUDGE

This matter comes before the Court on Plaintiff's Motion to Substitute Parties, ECF 19, andDefendants' Motion for Summary Judgment, ECF 20.For the reasons that follow, the Court denies Plaintiff's Motion and grants Defendants' Motion.

BACKGROUND

On July 12, 2021, Portland police officers were called to a scene where PlaintiffCorey Monpas had smashed several vehicles' windows.When police arrived Plaintiff was extremely animated, yelling, making delusional statements about someone trying to kill him, and saying he had a knife and had cut himself several times.Officers believed Plaintiff was under the influence of drugs or alcohol or experiencing a mental-health crisis.Plaintiff was arrested by Portland police and charged with assault, vandalism, and animal cruelty.Plaintiff was transported by police to the Multnomah County Detention Center(“MCDC”).Before Plaintiff arrived at MCDC, Portland police informed jail staff that Plaintiff was uncooperative and likely under the influence of drugs or alcohol and/or exhibiting signs of mental illness.

At 7:45 p.m. police officers attempted to remove Plaintiff from the police vehicle at MCDC, but Plaintiff resisted their efforts.Multnomah County Sheriff's Sergeant Morgan Olsen approached Plaintiff and asked him if he knew where he was and what had happened.Plaintiff yelled nonsensical statements and said he was going to be crucified.Plaintiff slid to side of the police vehicle away from Olsen.Sheriff's Deputy Gustavo Valdavinos went to Plaintiff's side of the vehicle and pushed Plaintiff towards Olsen and Sheriff's Deputy Derrick Daley and they managed to remove Plaintiff from the vehicle.Plaintiff resisted being put in a wheelchair, stiffening his body to prevent being seated, and jail staff were required to hold his legs and carry him into MCDC while Plaintiff continued to yell obscenities.At the booking counter, Sheriff's Deputy Ashley Swalley tried to remove Plaintiff's necklaces pursuant to MCDC booking policy and Plaintiff attempted to bite her.Olsen determined it was unsafe to proceed with the booking process because of Plaintiff's continued verbal barrage and physical struggle.Olsen decided Plaintiff should be placed in an isolation cell.Plaintiff physically resisted staff bringing him to the isolation cell.

Immediately after entering the isolation cell Plaintiff and jail staff ended up on the ground and Plaintiff struck his shoulder.Plaintiff, however, continued to struggle with jail staff.Plaintiff admitted at deposition that he was actively resisting jail staff and would not roll on to his back because he believed they were trying to kill him.Plaintiff kicked at deputies to prevent them from turning him on to his back to search his front pants pockets.Olsen placed one of his knees across Plaintiff's shoulders to hold him down and Deputy Latu Moala placed Plaintiff's legs in a cross restraint hold.Deputy Juan Valdez attempted to search Plaintiff's pockets, but Plaintiff continued to move around and pull away and attempted to hook his leg around the toilet.Olsen determined that because they could not search Plaintiff's pockets, they would have to remove his pants to avoid any contraband entering the facility.Plaintiff's pants were removed and searched.Jail staff were in the isolation cell with Plaintiff for six minutes and 30 seconds.Olsen felt it was unsafe to leave Plaintiff in handcuffs in the isolation cell.Due to Plaintiff's conduct, however, Olsen believed that removing the handcuffs directly would be unsafe.Accordingly, staff exited the cell and used a nylon mesh restraint (“a rip device”) and the food port to attempt to remove Plaintiff's handcuffs.Olsen described using the rip device in his deposition as follows:

As we're exiting the cell, . . . there's one end [of the rip device] that's attached to the chain of the cuffs, and one end is what I call a running end.

It's the length, right.You bring that through the food port, and you hold onto it, and you get the individual to back up to the food port . . . and put their hands to the food port so you can secure the risk while somebody takes off the handcuffs.

Gilmore Decl., Ex. 5 (Olsen Depo.)at 18.Plaintiff, however, pulled against the rip device and twisted his body towards the food port, “creat[ing] a fulcrum with his body” and “spinning against the actual length of the rip device.”Id.This pulled Plaintiff's hands “out of position to have the handcuffs removed.”Pedro Decl., Ex. 9, at 4.At deposition Plaintiff admitted that he was actively resisting any efforts to have his hands pulled through the food port.Olsen became concerned that the longer the struggle went on, the more likely it was that Plaintiff would be injured.One minute and 41 seconds after jail staff exited the insolation cell Olsen directed Deputy Kyle Rayborn to apply the taser to the back of Plaintiff's hand.The taser, however, did not have any effect on Plaintiff.After another two minutes of struggle Olsen applied his taser to Plaintiff's forearm at which point Plaintiff stopped struggling and his handcuffs were removed.The total time to remove Plaintiff's handcuffs was four minutes.

At 8:11 p.m. on July 12, 2024, Nurse Ashley Adams observed Plaintiff through the isolation cell-door window because medical staff “typically do not go into the [isolation] cell, especially . . . [the] up-front cells . . . ‘cause that means they're so aggressive that they can't . . . make it through the booking process, . . . unless it's . . . an emergent situation.”Gilmore Decl., ECF 44, Ex. 8 (Adams Depo.)at 3.See alsoPedroDecl., Ex. 9 at 3(“Due to [Plaintiff] acting erratic, it was not safe for the nurse to physically assess” him).Adams observed Plaintiff was sitting on the cell floor, “agitated with pressured speech and intense eye contact, pupils dilated and PERRLAat 6 mm.RR even and unlabored, speech clear, skin appears dry and well-perfused....Presentation is consistent with stimulant use.”Lawson Decl., ECF 30, Ex. 1at 8.

Adams noted Plaintiff had a “1-2 cm lac[eration] on right eyebrow, bleeding slightly.Another 2 cm lac[eration] on top of head, also small about of blood.”Id.Plaintiff“seemed afraid and delusional, making statements like, ‘they're going to shoot me!'”Id. at 9.Adams “[r]eassured [Plaintiff] that he was safe in the cell and he calmed down somewhat.”Id.

Adams observed Plaintiff through the door of the isolation cell again at 9:07 p.m., noting Plaintiff's “[r]espirations [were] even and unlabored,” his skin was “dry and well-perfused,” and he had a “[s]teady gait.”Lawson Decl., Ex. 1at 10.Plaintiff“appear[ed] intoxicated” and stated he was thirsty.Adams “[a]ttempted to give [him] Gatorade . . ., he[believed] it was poison and . . . dumped it down the sink.”Id.At 10:57 p.m. Adams again viewed Plaintiff through the cell window and reported his “[r]espirations [were] even and unlabored” and his skin was “dry and well-perfused.”Id.

On July 13, 2021, at 1:03 a.m. Melissa Thomas, R.N., observed Plaintiff.Plaintiff said to Thomas: “I need your help.I need medical.I need cleaned up!I don't know when I got hurt.I didn't do it myself!!!Would you treat your son like this?”Lawson Decl., Ex. 1at 11.Thomas noted Plaintiff's “[r]espirations [were] even and unlabored,” his skin was “dry and well-perfused,” his speech was clear, and he was “alert/oriented x4,” however, he still “appear[ed] intoxicated.”Id.At 3:08 a.m. Thomas noted Plaintiff's “[r]espirations [were] even and unlabored” and his skin was “dry and well-perfused.”Id. at 12.Plaintiff was “standing at [the] door with [his] forehead touching the glass, and [his] eyes closed.”Id.

At 5:19 a.m. on July 13, 2021, Richard Witte, R.N., entered the isolation cell and conducted a physical examination of Plaintiff.Plaintiff's vital signs, including his temperature and blood pressure, were normal, but he had an elevated pulse of 104.Lawson Decl., Ex. 1at 15.

Witte noted Plaintiff had “[s]uperficial lacerations, abrasions at hands, L shoulder, R dorsal foot” that Witte cleaned and covered with antibiotic ointment.Id.Witte noted “[n]o ongoing dressing care indicated” and permitted Plaintiff to keep the antibiotic ointment in the cell.Id.

On July 14, 2021, Plaintiff submitted a request to be seen by medical personnel expressing concerns about a possible broken rib and MRSA infection.At 1:11 p.m., Emily Marx, R.N., examined Plaintiff and noted he had “multiple recent superficial abrasions and bruises covering face, L shoulder, bilat arms, bilat knees, bilat feet.R hand with sores and swelling.”Lawson Decl,, Ex. 1at 16.Plaintiff reported “pain with deep breath” and did not “tolerate anything beyond gentle palpation” of his rib area.Id.Marx notified “medical regarding s/sx of infection including increased redness, swelling, warmth, drainage, pain, foul odor, or fever.”Id.Marx scheduled Plaintiff for a visit with a doctor on July 15, 2021.

At 10:00 a.m. on July 15, 2021, Kelli McCurtain, R.N, examined Plaintiff and noted his skin was “W+D, very warm to touch forehead.Flushed face.”LawsonDecl., Ex. 1 at 17.Plaintiff's right had and forearm were “grossly red and swollen.Hot to the touch.Difficult [for Plaintiff] to make fist w/R hand.”Id.Plaintiff told McCurtain that he“feels like shit and his arm hurts like hell.”Id.McCurtain noted that Plaintiff was at risk for “possible systemic infection” and...