Press v. Sheriff of Broward Cnty., Case No. 6:11-cv-1788-Orl-28KRS
| Decision Date | 16 August 2013 |
| Docket Number | Case No. 6:11-cv-1788-Orl-28KRS |
| Parties | CATHERINE PRESS, as Personal Representative of the Estate of John R. Press, Plaintiff, v. SHERIFF OF BROWARD COUNTY, FLORIDA, SHERIFF OF BREVARD COUNTY, FLORIDA, and CLERK OF COURT FOR BROWARD COUNTY, FLORIDA, Defendants. |
| Court | U.S. District Court — Middle District of Florida |
On June 18, 2010, a month afer tripping and hitting his head in the Broward County Courthouse while on his way to a hearing, John R. Press ("Press") died. This suit against the Broward County Sheriff, the Broward County Clerk of Court, and the Brevard County Sheriff has been brought pursuant to 42 U.S.C. § 1983 by Press's wife ("Plaintiff") as the personal representative of Press's estate. In the Amended Complaint (Doc. 36), Plaintiff alleges that the Defendants violated Press's constitutional rights in connection with his arrest and his medical treatment while in custody. Plaintiff also brings state law claims of falseimprisonment and claims under the Florida Wrongful Death Act1 based on negligence.
The case is now before the Court on the Motions for Summary Judgment filed by the Defendants. (Docs. 91, 93, & 97). Having considered the parties' submissions and applicable law, the Court concludes that Defendants' motions must be granted as to all of Plaintiff's claims.
On December 25, 1985, Press was stopped by a law enforcement officer in Broward County, where he then resided, for several traffic violations. He was charged with driving under the influence and three other infractions, and in January 1986 he pled guilty and was placed on probation for six months. .2 In July 1986, after Press's probation officer submitted an Affidavit of Violation of Probation, a Broward County judge issued a warrant for Press's arrest, with bond set at $1500. (See Clerk's Ex. C, Doc. 92-3).
At some point between July 1986 and November 2009, Press moved from Broward County to Brevard County. On November 14, 2009, Press was stopped by a Palm Bay police officer,3 who learned of the outstanding 1986 Broward County warrant for Press's arrest. The officer also cited Press for driving while his license was suspended and driving with an out-of-state license while his Florida license was suspended. The officer took Pressto the Brevard County Jail, and the next day Press was served with the 1986 arrest warrant. On November 17, 2009, Press was released from the Brevard County Jail on a $1500 surety bond on the Broward County violation-of-probation charge. The Broward County Sheriff's Office was informed of Press's arrest and his posting of bond. (See Brevard Sheriff's Ex. 1, Doc. 97-1 at 1 through 3 & 17).
On February 26, 2010, Press was present in Brevard County court for one of several appearances regarding the November 2009 charges of driving while license suspended and using a driver license while suspended. (Pl.'s Ex. 5, Doc. 114 at 12-13). During that appearance, a plea was scheduled for April 30, 2010, at 9:00 a.m. (Id.). Meanwhile, on February 5, 2010, a hearing was noticed by the Broward Clerk on Press's violation of probation; the hearing was set for March 25, 2010, before a judge in Broward County. (Pl.'s Ex. 8, Doc. 114 at 21-22). The hearing notice reflects that it was sent to Press at a Broward County address—the one at which he resided when he was on probation in 1986—and to Press's bail bondsman in Palm Bay. (See id.).4 Press did not show up for the March 25hearing, and at the judge's direction a no-bond capias for Press's arrest was issued that day by the Broward Clerk. (Brevard Sheriff's's Ex. 1, Doc. 97-1. at 20-21).
At 8:24 a.m. on April 30, 2010, while he was on his way to the courthouse in Brevard County for the 9:00 plea hearing on the suspended license charges, Press was involved in a traffic collision.5 (See Pl.'s Ex. 12, Doc. 114 at 42-44). A Florida Highway Patrol officer who responded to the collision learned of the outstanding March 25 capias from Broward County, and Press was arrested and taken to the Brevard County Jail. (See id.).
On May 6, 2010, Press was transported to Broward County, and the next day a hearing was held before a magistrate judge there. The magistrate judge found that there was probable cause for Press's arrest, and a hearing on Press's violation of probation was set for May 13, 2010. (See Brevard Sheriff's Ex. 1, Doc. 97-1, at 39, 46). On May 13, as Press was being escorted into a Broward County courtroom for the hearing, he tripped and fell over the leg shackles he was wearing and hit his head on a chair. Press suffered a laceration over his right eyebrow but did not lose consciousness after the fall. Paramedics responded and took him to Broward General Medical Center, where a CT scan revealed that Press had a small subdural hematoma. (See Broward Sheriff's Ex. U, Doc. 96-6).
Press remained at Broward General until May 19, when it was determined that he wasstable enough to be released to the custody of the Broward County Jail. (Broward Sheriff's Ex. V, Doc. 96-7). On May 20, 2010, Press appeared with counsel in court in Broward County for a hearing on his violation of probation. (Clerk's Ex. S, Doc. 92-19). He admitted the violation, his probation was revoked, and he was sentenced to fifteen days, time served. (See id. When Press was to be released from jail on May 21, he was not feeling well and was taken to North Broward Medical Center and admitted. (Pl.'s Ex. 18, Doc. 115 at 18-19; Pl.'s Ex. 32, Doc. 116 at 32-34). On May 27, 2010, a right front parietal craniotomy was performed on Press at North Broward. (See Pl.'s Ex. 18). Press was discharged into an inpatient rehabilitation unit on June 5, 2010, (see id.; Broward Sheriff's Ex. W, Doc. 96-8), and some time thereafter he was moved to a rehabilitative hospital in Brevard County.
At the rehabilitative hospital on June 18, 2010, Press complained of left-side weakness and then became unconscious. (See Pl.'s Ex. 20, Doc. 115 at 39-54). He was taken to the emergency room at Holmes Regional Medical Center, where he was pronounced dead. (Id.). The medical examiner determined that Press died from bilateral pulmonary embolism due to deep vein thrombosis in his legs.6 (Id.). At the time of his death, Press was seventy-three years old and was survived by his wife and seven-year-old son.
Plaintiff filed this lawsuit on November 10, 2011. Plaintiff alleges constitutional violations, negligence, and false imprisonment against each of the three Defendants. In her§ 1983 claims against the Brevard Sheriff and the Broward Sheriff, Plaintiff alleges that while Press was in custody at the Brevard and Broward jails—which were maintained by the respective Sheriffs—he was not given medications for diabetes or hypertension. Plaintiff also alleges that the Sheriffs were negligent in not giving Press his medications and in not providing him with medical care. Additionally, Plaintiff brings false imprisonment claims against the Sheriffs.
Against the Clerk, Plaintiff alleges, pursuant to § 1983, that the Clerk issued an unlawful warrant and that if not for the unlawful warrant, Press would not have required brain surgery or died. Plaintiff also brings a negligence claim against the Clerk, asserting that the Clerk owed and breached a duty not to issue unlawful warrants and a duty to accurately report the existence or nonexistence of warrants. Finally, Plaintiff alleges false imprisonment against the Clerk, again relying on the Clerk's issuance of the arrest warrant. Defendants seek summary judgment on all claims.
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). In ruling on a motion for summary judgment, the Court construes the facts and all reasonable inferences therefrom in the light most favorable to the nonmoving party. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150 (2000). However, when faced with a "properly supported motion for summary judgment, [the nonmoving party] must come forward with specific factual evidence, presenting more than mere allegations." Gargiulo v. G.M. Sales, Inc., 131 F.3d 995, 999 (11th Cir. 1997).
Summary judgment is mandated "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). "Summary judgment may be granted if the non-moving party's evidence is merely colorable or is not significantly probative." Sawyer v. Southwest Airlines Co., 243 F. Supp. 2d 1257, 1262 (D. Kan. 2003) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-51 (1986)).
"[A]t the summary judgment stage the judge's function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson, 477 U.S. at 249. "Essentially, the inquiry is 'whether the evidence presents a sufficient disagreement to require submission to the jury or whether it is so one-sided that one party must prevail as a matter of law.'" Sawyer, 243 F. Supp. 2d at 1263 (quoting Anderson, 477 U.S. at 251-52).
In her § 1983 claim against the Brevard Sheriff, Plaintiff alleges that Press was denied his constitutional right to receive medications while he was incarcerated at the Brevard County Jail. (Am. Compl. ¶ 90). Plaintiff further alleges that if Press had been given his medications, "he would not have required the brain surgery and hospitalization" and would not have suffered pain or died. (Id. ¶ 95).
As noted by the Brevard Sheriff in his summary judgment motion, Plaintiff's § 1983claim is in the nature of a claim of "deliberate indifference to serious medical...
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