Newman v. Raymond
| Decision Date | 13 May 2021 |
| Docket Number | CASE NO. 3:19-CV-03092 |
| Parties | MICHAEL HERBERT JOHN NEWMAN PLAINTIFF v. CORPORAL ETHAN RAYMOND, Baxter County Detention Center (BCDC); OFFICER DAWN DUNFORD, BCDC; SERGEANT TONY BECK, BCDC; and NURSE SIERRA HOLLIS, BCDC DEFENDANTS |
| Court | U.S. District Court — Western District of Arkansas |
This is a civil rights action filed by Plaintiff Michael Herbert John Newman pursuant to 42 U.S.C. § 1983. Newman proceeds pro se and in forma pauperis. While he was incarcerated in the Baxter County Detention Center ("BCDC"), Newman maintains that his constitutional rights were violated in two ways: (1) when he was denied medical care, and (2) when excessive force was used against him on July 26, 2019.
Pending before the Court are a Motion for Summary Judgment (Doc. 40) and Supplements (Docs. 48-49) filed by Defendants. Newman filed a Response in Opposition (Doc. 44). For the reasons explained below, the Motion is GRANTED IN PART AND DENIED IN PART.
Newman was incarcerated at the BCDC on June 26, 2019, on a parole violation charge. He was later charged with impairing the operation of a vital public facility, disorderly conduct, aggravated assault on a corrections officer, and terroristic threatening. These new charges arose while Newman was incarcerated at the BCDC pending transfer to the Arkansas Division of Correction.1 ("ADC") on September 11, 2019.
Newman maintains that he was suffering from a mental illness at the time he entered BCDC custody on June 26, 2019. (Doc. 42-8 at 20-28). He testified at his deposition that he had been diagnosed with schizoaffective disorder in 2011 or 2012. Id. at 20-22. He experienced hallucinations, heard voices, and suffered panic attacks as a result of this illness and was treated with both medication and electroconvulsive therapy. Id. at 22. On the date Newman entered BCDC custody, he had prescriptions for Zoloft and Prazosin. Id. at 70.
Newman alleges that from at least July 21, 2019, to September 11, 2019, he reported to BCDC staff that he was suicidal. He believes he should have been placed on "suicide watch," which to Newman meant requiring him to dress in a "turtle suit, like a green suit to where you can't hang yourself" and then placing him in a special cell and performing wellness checks every ten or fifteen minutes. Id. at 34-35. Newman testified that instead of being placed on suicide watch, jailers placed him in a "detox cell" and then moved him to a "camera cell." Id. at 34.
According to Jail Administrator Brad Lewis, the BCDC provides medical care through licensed medical personnel. Specifically, Administrator Lewis indicates there is "one APRN [Advanced Practice Registered Nurse] who works on a part time basis andwho is regularly available in person at the Detention Center to see jail inmates each week." (Doc. 42-1 at 2). Unless the situation is an emergency, an inmate will be required to fill out a medical request form to obtain professional medical care. Id.; see also Doc. 42-7 at 1-6 (jail medical policy). If an inmate needs mental health care, however, it is BCDC policy to refer the inmate to an outside provider, Ozark Guidance ("OG") for treatment. (Doc. 42-1 at 2). Inmates may communicate "their mental health care requests to jailers, deputies or medical staff, who will be responsible for documenting the request in the appropriate manner to include specific details." Id. An inmate with suicidal tendencies Id. at 2-3. If an inmate has a "history of suicide attempts or threats," the inmate "will be placed in a single-cell, high-supervision housing regardless of their security score pending further review and evaluation by mental health staff." Id. at 3; see also Doc. 42-7 at 7-9 (mental health policy).
On June 27, 2019, Newman submitted a grievance indicating that he needed to go to a hospital to get his mental health medications. (Doc. 42-3 at 2; Doc. 49-1 at 1). He claimed that even when he asked the jail nurse to help him, she was unable to fill his medications. Separate Defendant Nurse Sierra Hollis submitted an affidavit explaining that she is a Licensed Practical Nurse ("LPN"). (Doc. 42-10 at 1). She states that according to jail policy, any detainee "with a history of suicide attempts or threats will be placed in a single-cell, high supervision housing . . . pending further review and evaluation by mental health staff." Id. According to Nurse Hollis, Newman was placed in the detoxcell located in the booking area "so jailers and others (including [her]self) could perform more frequent wellness checks on him due to his statement that he was suicidal." Id.
The BCDC's records indicate that on Monday, July 1, 2019, Nurse Hollis was informed that Newman had defecated on the floor and on a food tray over the weekend. (Doc. 42-6 at 2). She noted in his file that his toilet was completely full of trash, wrappers, and toilet paper and that his "room smell[ed] awful." Id. Because of "Newman's odd behavior, assertions of mental health issues, and his allegation that he was suicidal," Nurse Hollis claims she "personally called the Community Mental Health Service provider, [OG], and asked them to come to the jail and speak to Newman to determine if he needed other services." (Doc. 42-10 at 2). OG staff member Jessica Vrellaku visited the jail that same day to assess Newman. Id. During this evaluation, Newman's suicidal thoughts were assessed as being "mild (weekly or less)," and he was not considered to be at risk of self-injury. (Doc. 42-4 at 4). Ms. Vrellaku also concluded that Newman was not a good fit for inpatient care at that point in time. Id. Instead she recommended that Newman be brought to OG to be seen by an APRN about his medication. Id.
On July 3, 2019, Nurse Hollis noted in Newman's file that she had advised Vrellaku that Newman was taking Zoloft and Prazosin. (Doc. 42-6 at 2). Nurse Hollis further noted that Newman had been refusing his "Zoloft every morning."2 Id. On July 11, 2019, a note was made in Newman's jail file that OG had been contacted to set up an appointment to see Newman the following week. Id. On July 14, 2019, Newman reported hearing voices, having nightmares, and being off his anti-psychotic medications.(Doc. 42-3 at 3). Newman stated in a grievance that he told the jail nurse and Sergeant Tony Beck about these problems, but they did nothing to assist him. Id.
On July 21, 2019, Newman complained in another grievance that he had been hearing voices and did not have his "anti[-]psychotic medicine or [his] mood stabilizer." (Doc. 49-1 at 4). On the same date, Newman filled out an inmate medical request listing his pharmacy as Walgreens and indicating that his current medications were Zoloft and Prazosin. Id. He also wrote on the form that he needed his medication and group counseling and was suicidal and psychotic. Id. Along the bottom of this form, jail medical staff wrote: "Will be seeing Ozark Guidance today 7-24-19." Id.
Newman was taken to OG on July 24, 2019, to be evaluated by Dr. Berke. (Doc. 42-9 at 17). Dr. Berke noted that Newman had a history of "being very manipulative, oppositional, demanding and conning at the jail." Id. She also noted that Newman was not communicating in a logical and coherent manner the day of the visit and that it was difficult to fully assess his risk of self-harm. Id. at 18. When she questioned Newman about thoughts of killing himself, he made "paranoid and delusional" statements. Id. Dr. Berke concluded that his overall risk rating was low. Id. at 19. Her specific medical diagnoses were schizoaffective disorder, bipolar, and antisocial personality disorder. Id. at 22. She determined that the appropriate treatment was medication management, and she prescribed the drugs Depakote, Seroquel, Zoloft, and Prazosin. Id. at 27.
Newman did not specifically recall being screened by Dr. Berke on July 24. (Doc. 42-8 at 30). However, he did recall going to OG on one occasion with Nurse Hollis, which he agreed was likely on July 24. Id. at 30-31 & 46. He remembered that OG staff haddecided that it was not necessary to hospitalize him at that time, but that he had disagreed. Id. at 31.
On August 5, 2019, Newman completed another inmate medical request. (Doc. 49-1 at 6). He listed his current medications as Depakote, Zoloft, Seroquel, and Prazosin. Id. He claimed that he was still hearing voices and hallucinating. Id. He also indicated that he had yet to see a psychiatrist and needed his medication "figured out." Id. On August 13, 2019, OG records indicate that Advanced Practice Nurse ("APN") Whitney Reed screened Newman. (Doc. 42-9 at 25). She noted that Newman's primary complaint was that he was still hearing voices. Id. Newman reported being satisfied with his current medications, Depakote, Prazosin, Quetiapine (Seroquel), and Sertraline (Zoloft). Id. at 27. APN Reed concluded that Newman was not a danger to himself or others. Id. at 30. She increased his Seroquel and Prazosin dosages and continued the Depakote and Zoloft. Id.
Newman filed another grievance on August 20, 2019, claiming he was psychotic and suicidal. (Doc. 49-1 at 8). He submitted yet another medical request form on August 31, 2019, claiming he was hearing voices, was suicidal and homicidal, and was having "really bad panic attacks." Id. at 10. He indicated that he knew "the police [were] trying to kill [him]." Id. On September 6, 2019, Newman submitted a final grievance about his mental health. Id. at 11. He once again indicated he was hallucinating and hearing voices, that he was suicidal and homicidal, that he did not have the right medication, and that the nurses and Sergeant Beck were aware of the problem but had done nothing. Id. He was transferred to the Arkansas Department of...
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