Myers v. Medical Center of Delaware, Inc.

• Decision Date: 19 January 2000
• Docket Number: No. Civ.A.97-461-GMS.,Civ.A.97-461-GMS.
• Citation: 86 F.Supp.2d 389
• Parties: Joseph MYERS, Plaintiff, v. The MEDICAL CENTER OF DELAWARE, INC., et al., Defendants.
• Court: U.S. District Court — District of Delaware

86 F.Supp.2d 389

Joseph MYERS, Plaintiff, v. The MEDICAL CENTER OF DELAWARE, INC., et al., Defendants.

No. Civ.A.97-461-GMS.

United States District Court, D. Delaware.

January 19, 2000.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

J. Brendan O'Neill, Timothy J. Weiler, Wilmington, DE, for plaintiff Joseph Myers.

Joseph R. Slights, III, Eileen K. Anderson, Nancy W. Law, Morris, James, Hitchens & Williams, Wilmington, DE, for defendants Medical Center of Delaware, Lucia Benzoni, M.D., J.A. Nemer, M.D.

Warren B. Burt, Burt & Abrams, Wilmington, DE, for defendants Doctors for Emergency Services, P.A., Anita H. Hodson, M.D.

Stephanie D. Kinder, The New Castle County Attorney's Office, Wilmington, DE, for defendants Michelle Hinson, Domenick Gregory, Jack Gahan, John Haug, Malvern Slawter.

AMENDED OPINION

SLEET, District Judge.

I. INTRODUCTION

This case arises out of the tragic death of a five-year-old child, Valeria Renee Myers, and the events which followed. Although an autopsy later revealed that Valeria had died of natural causes, the doctors who first treated her suspected that she had been sexually abused. As a result, the police launched an immediate investigation into her death. However, in their zeal to solve this suspected crime, they trampled over the Fourth Amendment.

For these reasons, Joseph Myers (Valeria's father) has filed suit. Primarily, he claims that the heavy-handed tactics of the police department violated his constitutional right to be free from unreasonable searches and seizures. Myers also seeks to recover against the hospital which treated his daughter and several of its emergency room staff members because of their failure to properly diagnose the cause of Valeria's death and their resulting decision to inform the police that they believed she had been sexually abused.

All of these parties have moved for summary judgment. Myers claims that the evidence conclusively proves that three officers with the New Castle County Police Department violated his constitutional right against unreasonable searches and seizures by conducting a search of his home, and seizing items therein, upon the authority of a search warrant issued in the absence of probable cause. These three officers (along with others) have also moved for summary judgment, asking the court to dismiss all of the claims against them. Because no reasonable officer could have concluded that the application for the offending warrant was supported by probable cause, the court will grant partial summary judgment in favor of Myers on his claims of unreasonable search and seizure. His remaining claims, however, will be dismissed because the actions of some of the officers were reasonable or otherwise undertaken in good faith. Finally, the court will grant summary judgment in favor of the medical defendants because Myers has failed to introduce competent expert testimony to establish their negligence and because, in any event, these physicians are statutorily immune from suit. The following sections discuss the bases for the court's ruling more thoroughly.

II. STANDARD OF REVIEW.

The court can only grant summary judgment when there are no genuine issues of material fact and the moving party is entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(c) (1998). A fact is "material" if, under the governing law, it might affect the outcome of the case. See Abraham v. Raso, 183 F.3d 279, 287 (3d Cir. 1999) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). An issue is "genuine" if, given the evidence, a reasonable jury could return a verdict in favor of the non-moving party. See Cronin v. West Whiteland Tonship, 994 F.Supp. 595, 598 (E.D.Pa.1998) (citing same). Finally, when considering the evidence submitted on summary judgment, the court must view it in the light most favorable to the non-moving party, drawing all reasonable inferences and resolving all doubts in that party's favor. See Kornegay v. Cottingham, 120 F.3d 392, 395 (3d Cir.1997) (quoting Spain v. Gallegos, 26 F.3d 439, 446 (3d Cir.1994)); Looney v. City of Wilmington, 723 F.Supp. 1025 (D.Del.1989). With these standards in mind, the court will now review the relevant facts giving rise to this lawsuit.

III. BACKGROUND.

At the time that these events occurred, Myers lived in a mobile home with his wife, Phyllis, and their two children. The home itself was located in the Delaware City Trailer Park. On the morning of June 11, 1995, when Myers came home after a long night of work, he noticed that Valeria had gotten into bed with her mother. Myers, therefore, suspected that his daughter might have been sick.

During the day, as Myers slept, Valeria told her mother that she did not feel very well. When Myers awoke and prepared to return to work, Valeria was on the floor, apparently asleep. Concerned, Myers asked his wife to check on their daughter. When Phyllis bent down and touched her, she discovered that Valeria was stiff and cold. She was also not breathing.

As Phyllis called for an ambulance, Myers tried to revive his daughter. When the paramedics arrived around 6:00 P.M., they continued these efforts. Because Valeria was unresponsive, she was then transported by helicopter to the Emergency Department at the Medical Center of Delaware.

In the emergency room, as they continued the attempt to revive her, the Medical Center's staff initially assessed Valeria's condition, which was dire. Within minutes, the staff concluded that any further efforts to resuscitate her would be futile. Valeria was, therefore, pronounced dead at approximately 6:30 that evening.

A. The Doctors Suspect Sexual Abuse.

Afterwards, several of the emergency room doctors decided that they would continue with the secondary assessment of Valeria which they had already begun. Unlike the initial or primary assessment which these doctors quickly completed as Valeria first entered the hospital, the secondary survey entailed a much more thorough physical examination of the child. It was primarily conducted by the emergency room residents under the supervision of one of the attending physicians.

When this examination revealed possible lacerations and swelling of Valeria's rectum and vagina, in addition to a few dark brown hairs around her labia, the doctors began to suspect that the child had been sexually abused. Other doctors were then called in for a consult. They all agreed that these symptoms were signs of possible sexual abuse.

B. The Police Begin Their Investigation.

Around this time, Detective Michelle Hinson of the New Castle County Police Department arrived on the scene to commence an investigation into the child's death. One of the emergency room residents told Detective Hinson that Valeria had been sexually abused. As evidence of this abuse, the resident showed the detective Valeria's body, including the child's swollen anus and vagina. Corporal John Haug of the Police Department's Evidence Detection Unit was also present during this examination to document the child's condition through photographs.

At approximately 7:30 that evening, the Office of the Chief Medical Examiner was contacted. The investigator who responded to the call was apparently told by one of the hospital residents that Valeria showed "signs of sexual abuse, and there was tearing of [her] anus and vagina." Within the next fifteen minutes, Detective Jack Gahan of the Criminal Investigation Unit arrived on the scene. Upon speaking with Detective Hinson, he learned that one of the doctors had stated that Valeria had been sexually molested. Detective Gahan also got the impression that this abuse "had been ongoing over a period of time." After this conversation, Detective Gahan examined Valeria's body himself.

Although it is not clear when Myers and his wife arrived at the Medical Center, they were given an opportunity to view their daughter's body around 9:00 that night. Afterwards, they were separated by the police and taken into headquarters for questioning.

C. The Police Obtain A Warrant And Search Myers' Home.

While Myers and his wife were being interviewed at the police station, Officer Domenick Gregory prepared a search warrant for Myers' home. The warrant itself stated that the police were conducting a "death investigation." It did not specify what crime had been committed or what statute had been violated.

In the affidavit which accompanied the warrant application, Officer Gregory stated that the police had been dispatched to the Myers residence because a five-year-old child was "not breathing." Officer Gregory continued by noting that although Valeria was taken to the Medical Center of Delaware, she "was pronounced dead a few minutes after her arrival." Officer Gregory then stated that the cause of "death ... is unknown at this time." Although Officer Gregory was aware that the doctors had informed the police that Valeria was sexually abused, he did not include this information in the warrant application because it had not yet been verified. Finally, Officer Gregory concluded his affidavit by stating that he "hope[d the] search warrant [would] be signed to look for any signs of foul play or evidence to determine [Valeria's] cause of death."

A magistrate approved the warrant application at approximately 8:20 that evening. At the time, Corporal Malvern Slawter was standing by at the Myers residence. He was the only officer on the scene and had been told that the police were investigating the death of a five-year-old child who might have been sexually assaulted. When Corporal Slawter was informed that a search warrant had been signed, he entered the mobile home to look for evidence of possible sexual abuse.

At approximately 10:30 that night, Corporal Slawter was joined by Corporal Haug. Corporal Haug has stated that he reviewed the warrant and accompanying affidavit before searching the trailer. Together, Corporals Slawter and Haug collected a...