Perry v. City of St. Louis

• Decision Date: 01 July 2019
• Docket Number: No. 4:17CV981 RLW,4:17CV981 RLW
• Citation: 399 F.Supp.3d 863
• Parties: Cecilia PERRY, as Plaintiff Ad Litem FOR Christina BROOKS, and D.B., D.B., D.B., and D.B., by and through their Next Friend, Cecilia Perry, on behalf of all beneficiaries pursuant to Section 537.080, Mo. Rev. Stat., Plaintiff, v. The CITY OF ST. LOUIS, et al., Defendants.
• Court: U.S. District Court — Eastern District of Missouri

399 F.Supp.3d 863

Cecilia PERRY, as Plaintiff Ad Litem FOR Christina BROOKS, and D.B., D.B., D.B., and D.B., by and through their Next Friend, Cecilia Perry, on behalf of all beneficiaries pursuant to Section 537.080, Mo. Rev. Stat., Plaintiff,

v.The CITY OF ST. LOUIS, et al., Defendants.

No. 4:17CV981 RLW

United States District Court, E.D. Missouri, Eastern Division.

Signed July 1, 2019

Jerryl T. Christmas, Jerryl T. Christmas and Associates, St. Louis, MO, Todd R. Nissenholtz, Cofman Townsley, LLP, Clayton, MO, for Plaintiff.

Andrew David Wheaton, St. Louis City Counselor's Office, Bradley R. Hansmann, John J. Greffet, Jr., Brown and James, P.C., St. Louis, MO, Michael E. Hughes, Lacey M. Smith, St. Louis County Counselor's Office, Clayton, MO, for Defendants.

MEMORANDUM AND ORDER

RONNIE L. WHITE, UNITED STATES DISTRICT JUDGE

This matter is before the Court on the separate Motions for Summary Judgment filed by Defendants Kent Menning and Kevin Stevener (ECF No. 84), Defendants City of Jennings, City of Jennings Detention Center, Eugene Neal, Rick Crim, Demetrius Staples, Aykan Acikgoz, Kellye Still, Kyle Bashaw, and Yvette Harris (ECF No. 87), and Defendants City of St. Louis, Dale Glass, Lynn Page, Jermanda Adams, and Josh Hill (ECF No. 92). This Court previously issued an Order of Partial Dismissal in favor of Defendants Acikgoz, Bashaw, Crim, Glass, Harris, Hill, Neal, Page, Stevener, and Still after Plaintiff Cecelia Perry¹ conceded she was not opposed to summary judgment in favor of those specific defendants. (ECF No. 143) The claims against Defendants City of St. Louis, Adams, Menning, City of Jennings, and Staples remained pending. After careful consideration, the Court now addresses the remaining claims.

BACKGROUND

On October 1, 2014, DeJuan Brison was arrested and booked into the St. Louis City Justice Center. (Pl.'s Statement of Additional Undisputed Material Facts ("SAUMF") in Opp'n to St. Louis City Defs.' Mot. for Summ. J. ¶ 2, ECF No. 105) At the time of Brison's confinement, the St. Louis City Justice Center had a "Suicide Prevention/Intervention" policy in effect (the "Suicide Prevention Policy"). (Id. at ¶ 3) The Suicide Prevention Policy included two "Crisis Watch Status" designations: full suicide watch and close observation. (Id. at ¶ 4) An inmate designated for full suicide watch required, among other things, "[o]bservation of the inmate in staggered intervals, not to exceed 10 minutes in high risk situations" to include "recorded observation within each 10 minute interval." (ECF No. 105-4, at 2) An inmate designated for close observation required, among other things, "[o]bservation of the inmate in staggered intervals, not to exceed 15 minutes, in moderate risk situations" to include "recorded observation within each 15 minute interval." (Id. )

Both full suicide watch and close observation are defined as "[c]risis levels that identify the status of inmates, who have been identified by the mental health staff as being at risk of self-harm, emotionally disturbed or mentally ill and not stabilized on medication." (Id. ) The Suicide Prevention Policy further provides that an inmate "shall remain on Full Suicide Watch until a Mental Health Professional determines that the crisis has been resolved or that the inmate can be placed in a less restrictive watch status." (Id. at 9) Even after a medical health professional has determined an inmate should be removed from full suicide watch status, such an inmate shall be placed on modified suicide watch/close observation status for at least 24 hours .² (Id. )

St. Louis City Justice Center's Suicide Prevention Policy also establishes procedures for transferring inmates who are on crisis watch status. (Pl.'s SAUMF in Opp'n to St. Louis City Defs.' Mot. for Summ. J. ¶ 13, ECF Nos. 105) Specifically, "When an inmate on Crisis Watch Status is being released to another law enforcement agency, the Admissions/Processing Staff document in the Admissions/Processing Log Book that the receiving law enforcement agents were informed that the inmate is on a Crisis Watch Status." (ECF No. 105-4, at 12)

When Brison was initially processed at the St. Louis City Justice Center on October 1, 2014, he told the intake officer that he suffered from major depression

and had a history of mental health problems. (Pl.'s SAUMF in Opp'n to St. Louis City Defs.' Mot. for Summ. J. ¶ 13, ECF No. 105) He also denied any history of psychiatric hospitalization, denied any history of suicide attempts, denied any recent significant loss, denied feeling hopeless, and denied having current suicidal thoughts.³ (St. Louis City Defs.' Statement of Undisputed Material Facts ("SUMF") ¶ 2, ECF No. 93-1)

On October 2, 2014, Brison told a correctional officer that he was feeling suicidal. (Id. at ¶ 3) Pursuant to the Suicide Prevention Policy, he was placed on full suicide watch status. (Id. at ¶ 5) The following day, a licensed professional counselor, Fred Barker, conducted a mental health assessment of Brison. (St. Louis City Defs.' SUMF ¶ 6, ECF No. 93-1) Barker attests that Brison denied having suicidal thoughts and denied previously indicating he was suicidal. (Id. at ¶ 7) After Barker's assessment, Brison was downgraded to close observation. (Pl.'s SAUMF in Opp'n to St. Louis City Defs.' Mot. for Summ. J. ¶ 20, ECF No. 105)

The City of St. Louis learned that the City of Jennings had an outstanding warrant for Brison and, on the morning of October 4, 2014, St. Louis County Prisoner Conveyance Officer Kent Menning arrived at the St. Louis City Justice Center to transport Brison to the Jennings Detention Center. (Id. at ¶ 23) Correctional Officer Jermanda Adams was on duty at the time of Brison's transfer and was responsible for ensuring all policies were followed, which included informing transporting officers if an inmate was on full suicide watch of close observation. (Id. at ¶¶ 24-27) While Adams does not recall her interaction with Brison on October 4, 2014, she has testified that she reviews the files of inmates who are about to be transferred and informs the transporting officer if the inmate is on full suicide watch or close observation.⁴ (Pl.'s SAUMF in Opp'n to Def. Menning's Mot. for Summ. J. ¶ 16, ECF No. 108) Accordingly, Adams claims she would have orally informed Menning that Brison was on close observation. (Id. ) Menning, who maintains he recalls specifically his interactions regarding Brison, denies that Adams informed him that Brison was on close observation at the time of his transfer or had recently been on full suicide watch.⁵ (Pl.'s SAUMF in Opp'n to St. Louis City Defs.' Mot. for Summ. J. ¶ 33, ECF No. 105) (Statement of Material Facts ("SMF") of Def. Kent Menning and Kevin Stevener in Support of Their Separate Mot. for Summ. J. ¶ 29, ECF No. 85)

St. Louis County conveyance policy required officers confirm that transferees did not suffer from any mental or medical conditions prior to transporting. (Pl.'s SAUMF in Opp'n to Def. Menning's Mot. for Summ. J. ¶ 19, ECF No. 108) St. Louis County conveyance officers were further required to confirm the mental or medical condition of a transferee before reporting the inmate's status to the receiving jurisdiction. (Id. at ¶ 20) Menning testified that, when he arrived to transport Brison and three other inmates to Jennings, he asked a St. Louis City Justice Center correctional officer if any transferee had a condition he needed to know about, and the correctional officer responded "I don't know." (SMF of Def. Kent Menning and Kevin Stevener in Support of Their Separate Mot. for Summ. J. ¶ 30, ECF No. 85) According to Menning, he then asked the group of transferees whether there were any problems that he should know about and no one spoke up about any medical or mental condition.⁶ (Id. at ¶¶ 31-33)

In 2013, the City of Jennings Detention Center implemented a policy that provides "[i]nmates cannot be accepted into the Jennings Department of Corrections and have to remain in the custody of the arresting or transporting officers" if the inmate, among other conditions, "is in need of medical attention," "is in need of psychiatric evaluation or observation," or "requires other special needs that the facility cannot reasonably provide." (ECF No. 89-20, at 2) An additional "Mental Disability

& Suicide Intake" form included a "Questionnaire for Detainee"⁷ and "Observation Questions."⁸ (Id. at 6)

During the booking process on October 4, 2014, Demetrius Staples asked Brison and the other transferees if they were having any mental issues. (City of Jennings Defs.'s Statement of Uncontroverted Material Facts ("SUMF") in Support of Their Mot. for Summ. J. ¶ 19, ECF No. 89) During this group questioning, Brison did not verbally indicate he was experiencing any mental health issue. (Id. at ¶ 20) Later, Brison indicated that he believed he was having an asthma

attack, and staff called emergency medical services. (Id. at ¶ 21) Personnel from a local hospital responded and attended to Brison for more than ten minutes and left the detention center after measuring Brison's oxygen levels as between 99% and 100%. (Id. at ¶ 23) Brison was then placed in a holding cell separate from other inmates after some became upset at being forced to vacate the booking area while he received medical attention. (Id. at ¶¶ 25-27) Approximately forty-one minutes after Brison was placed in a single cell, he was found unconscious and hanging from the bars of his cell with a blanket wrapped around his neck. (Id. at ¶ 28) Brison was transported to a hospital and placed on life support. He died on October 21, 2014, without regaining consciousness.

Brison's mother, Christina Brooks, initially filed suit in state court against (1) the City of St. Louis, the St. Louis Justice Center, St. Louis Corrections Commissioner Dale Glass, and corrections officers Joshua Hill, Carl Myers, Lynn Page, and Jermanda Adams (referred to collectively as "the St. Louis Defendants"); (2) St. Louis...