Oakley v. Williams
| Decision Date | 02 February 2021 |
| Docket Number | Civil Action 1:20-cv-01336-CMA-NYW |
| Parties | JACOB D. OAKLEY, Plaintiff, v. DEAN WILLIAMS, in his official capacity; ESTEP, in his individual and official capacities; BRODY SHEFFER, [1] in his individual and official capacities; and SIMPSON, in his individual and official capacities, Defendants. |
| Court | U.S. District Court — District of Colorado |
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
This matter comes before the court for recommendation on Defendants' Motion to Dismiss Plaintiff's Complaint Under Fed.R.Civ.P. 12(b)(1) and 12(b)(6) (“Motion” or “Motion to Dismiss”) [#48, filed August 31, 2020]. The undersigned considers the Motion pursuant to 28 U.S.C. § 636(b), the Order of Reference dated June 9, 2020 [#12], and the Memorandum dated September 1, 2020 [#49]. This court concludes that oral argument will not materially assist in the resolution of this matter. Accordingly, having carefully reviewed the Motion and associated briefing [#52, #52-1, #52-2, #55, #56, #58], the docket, and applicable law, this court respectfully RECOMMENDS that Defendants' Motion to Dismiss be GRANTED.
Plaintiff Jacob Oakley (“Plaintiff” or “Mr Oakley”), an inmate of the Colorado Department of Corrections (“CDOC”) proceeding pro se [2] initiated this action by filing his Prisoner Complaint on May 11, 2020. [#1]. In Claim One, asserted against Dean Williams in his official capacity as Executive Director of the CDOC (“Defendant Williams, ” “Director Williams ” or “CDOC”), [3] Plaintiff alleges violation of his rights arising under the Eighth Amendment for “reasonable safety, reasonably safe living conditions reasonable safe housing, and right to mental well-being (i.e., to be free from psychological torture).” [Id. at 4]. Claim Two is asserted against Defendant Christopher Estep (“Defendant Estep” or “Dr. Estep”), Defendant Brody Sheffer (“Defendant Sheffer” or “Dr Sheffer”), and Scott Simpson (“Defendant Simpson, ” or “Dr. Simpson” and collectively with Drs. Estep and Sheffer, the “Clinical Defendants”), in their individual and official capacities for violation of Plaintiff's Eighth Amendment right to reasonable safety for refusing to place Mr. Oakley on suicide watch. [Id. at 16].[4] Claim Three alleges violations of the federal Fair Debt Collections Practices Act (“FDCPA”) and Colorado's Fair Debt Collections Practices Act (“CFDCPA”) against Director Williams in his official capacity arising from alleged discrepancies in Mr. Oakley's inmate account. See [id. at 23].
The following facts are drawn from Plaintiff's Complaint and are, unless otherwise noted, taken as true for purposes of the instant Motion to Dismiss.
Plaintiff's Incarceration at CDOC Facilities Generally.
Mr. Oakley is currently incarcerated at the CDOC's Centennial Correctional Facility (“CCF”) in Centennial, Colorado. [#1]. Since the age of four, Mr. Oakley has been diagnosed with serious mental illnesses. [Id. at 5]. Prior to his entry into the adult criminal justice system, Mr. Oakley received medical diagnoses including attention-deficit disorder, irresistible impulse disorder, post-traumatic stress disorder, paranoid schizophrenia, bipolar disorder, anxiety, and manic depression. [Id.]. Upon his entry into the adult criminal justice system, however, Mr. Oakley was met with bias, hostility, and disbelief from correctional facility doctors regarding his mental illnesses. [Id. at 6]. Nevertheless, he has at least at times been diagnosed by CDOC doctors as “seriously mentally ill.” [Id. at 6-7].
While in CDOC custody and as a result of his mental illness, Mr. Oakley has been targeted and exploited by various gangs. [Id. at 8]. Due to his mental illness, Mr. Oakley sometimes talks to himself, paces in his cell, and believes that prison staff is trying to poison him. [Id.]. During his incarceration at the CDOC's Arkansas Valley Correctional Facility (“AVCF”), “hardened gang bangers” did not tolerate Mr. Oakley's mental illness-related behavior, and warned Mr. Oakley that his failure to “act normal” would result in him getting “bashed out” or “killed.” [Id.]. Because Mr. Oakley could not “act normal, ” his only option was to pay “rent” to the gangs. [Id.]. He initially refused to pay rent at AVCF but, following a vicious attack wherein he was “beaten to a bloody pulp, ” Mr. Oakley stopped taking his needed medication so he could afford to pay rent to the gang members at the facility. [Id.].
Around December 2017, while incarcerated at CDOC's Limon Correctional Facility (“LCF”), Mr. Oakley was placed in a cell with a “gang banger.” [Id.]. Within a week of his placement, his cellmate assaulted Mr. Oakley, threatened to kill him, and extorted him for money. At some point during his incarceration at LCF, Mr. Oakley was also assaulted by a member of a different gang. [Id.].
Mr. Oakley was also threatened and assaulted by gang members while incarcerated at CDOC's Sterling Correctional Facility (“SCF”). [Id. at 9]. Specifically, gang members recognized Mr. Oakley from years prior, when Mr. Oakley engaged in erratic behavior that “always got the unit locked down.” [Id.]. The gang members at SCF threatened to kill Mr. Oakley in retaliation for his past behavior, and assaulted Mr. Oakley when he attempted to protect himself from harm. [Id.]. Roughly two weeks later, Mr. Oakley was moved from SCF and ultimately transferred to the CDOC's Fremont Correctional Facility (“FCF”). [Id.].
Plaintiff's Incarceration at Fremont Correctional Facility.
At FCF, Mr. Oakley was targeted by affiliates of the gang members he encountered at SCF. [Id.]. Tension between Mr. Oakley and the gang members escalated to the point that Mr. Oakley no longer felt safe in the dining hall, educational facilities, yard, or his cell. [Id. at 10]. His paranoia worsened, too, and he developed a belief that prison officials were plotting to place him in a cell with someone hired to kill him. [Id.].
While at FCF, Mr. Oakley “became so fearful for [his] life that [he] stopped sleeping and forced [him]self awake for days and weeks over a two to three month span.” [Id. at 16]. This sleep deprivation negatively affected his mental, emotional, and psychological health, driving Mr. Oakley “to the point of insanity” and prompting him to engage in self-harm. [Id.]. Convinced that every cellmate was hired to kill him, Mr. Oakley felt that his only options were to either kill his cellmate before they could kill him, or hurt himself seriously enough to be removed from the situation. [Id. at 10]. Mr. Oakley repeatedly told prison officials, including mental health staff, that his paranoia would cause him to become violent and thereby create a risk to his cellmate or himself unless he was placed in his own cell. [Id.].
On or about November 20, 2019, while at FCF and as a result of his deteriorating mental health, Mr. Oakley stabbed himself in his left hand and forearm with a sharp pencil. [Id. at 16]. He was subsequently placed on “Mental Health Observation Status” and later placed on suicide watch several times. [Id.]. Mr. Oakley was informed by FCF mental health staff that, in order for an offender to remain on suicide watch for more than three days, they were required to obtain approval from Dr. Estep, the supervisor “over all CDOC Mental Health programming in the state of Colorado.” [Id. at 20]. This required approval must be obtained every time an inmate has been on suicide watch for three consecutive days and the requirement is ongoing: even if initially approved, mental health staff must obtain approval every three days thereafter. [Id. at 10 ()].
At one point, Mr. Oakley was placed on suicide watch for over two weeks. [Id. at 16]. During that timeframe, Dr. Sheffer, a Mental Health Clinician at FCF and Mr. Oakley's assigned clinician, informed him that Dr. Estep had instructed Dr. Sheffer to remove Mr. Oakley from suicide watch. [Id. at 16]. Upon hearing this news, Mr. Oakley “freaked out over the thought of reliving the fear of being brutally murdered in [his] sleep, and going through the sleep deprivation all over again.” [Id.]. Mr. Oakley then told Dr. Sheffer that, if removed from suicide watch, he “would swallow toenail clippers, make a shank and stab [him]self.” [Id.].
Dr. Sheffer then called Dr. Estep, relaying Mr. Oakley's threats and the fact that Mr. Oakley had acted on similar threats to self-harm in the past. [Id.]. Despite this information, Dr. Estep ordered Mr. Oakley be taken off of suicide watch. [Id.]. Nevertheless, Dr. Sheffer permitted Mr. Oakley to remain on suicide watch for an additional day. [Id.]. The following day, Dr. Simpson, another Mental Health Clinician at FCF, performed a mental health review of Mr. Oakley before ordering Mr. Oakley's removal from suicide watch. [Id. at 3, 16]. Mr. Oakley again threatened to self-harm if released. [Id. at 16-17].
Upon his removal from suicide watch, Mr. Oakley “refused housing in fear of [his] life, ” and was “taken to the Hole” as a result. [Id. at 17]. While “in the hole, ” Mr. Oakley again threatened to and did engage in self-harm. [Id.]. He cut himself on his forearm and chest to such a degree that “a good amount of blood drippage” was created. [Id.]. Prison staff notified FCF's mental health staff and Mr Oakley was subsequently assessed by Dr. Sheffer. [Id.]. Dr. Sheffer was inclined to place Mr. Oakley on suicide watch but “by [Dr. Estep's] orders, . . . had to call him to get approval first.” [Id.]. Mr. Oakley was present for the phone call between Drs. Sheffer and Estep, wherein Dr. Sheffer informed Dr. Estep of Mr. Oakley's most recent...
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