Ramirez-Rosales v. Matheny
| Decision Date | 06 September 2011 |
| Docket Number | Case No. 4:09-cv-109 |
| Parties | CELSA RAMIREZ-ROSALES, individually and as wife and next-of-kin of deceased, Evodio Abad-Castillo, Plaintiff, v. JACKIE MATHENY, Sheriff of Warren County, Tennessee, et al. Defendants. |
| Court | U.S. District Court — Eastern District of Tennessee |
MEMORANDUM AND ORDER
Before the Court are the following motions:
For the reasons set forth below, both Motions for Summary Judgment [Court Docs. 54, 56] will be GRANTED. There are also a number of pending Motions in Limine before the Court. In light of this Order, all pending motions will be DENIED AS MOOT.
Summary judgment is proper where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that thereis no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). In ruling on a motion for summary judgment, the Court must view the facts contained in the record and all inferences that can be drawn from those facts in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Nat'l Satellite Sports, Inc. v. Eliadis Inc., 253 F.3d 900, 907 (6th Cir. 2001). The Court cannot weigh the evidence, judge the credibility of witnesses, or determine the truth of any matter in dispute. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986).
The moving party bears the initial burden of demonstrating that no genuine issue of material facts exists. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). To refute such a showing, the non-moving party must present some significant, probative evidence indicating the necessity of a trial for resolving a material factual dispute. Id. at 322. A mere scintilla of evidence is not enough. Anderson, 477 U.S. at 252; McLean v. Ontario, Ltd., 224 F.3d 797, 800 (6th Cir. 2000). The non-moving party must present sufficient evidence from which a jury could reasonably find in her favor. Anderson, 477 U.S. at 248-49; Nat'l Satellite Sports, 253 F.3d at 907. If the non-moving party fails to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof, the moving party is entitled to summary judgment. Celotex, 477 U.S. at 323. If the Court concludes that a fair-minded jury could not return a verdict in favor of the nonmoving party based on the evidence presented, it may enter a summary judgment. Anderson, 477 U.S. at 251-52; Lansing Dairy, Inc. v. Espy, 39 F.3d 1339, 1347 (6th Cir. 1994).
The facts, viewed in the light most favorable to the Plaintiff, are as follows.
On June 25, 2009, Evodio Abad Castillo ("Castillo") was convicted in Warren County General Sessions Court of driving on a suspended or revoked license. (Court Doc. 67, Pl.'s Resp. at 7; Court Doc. 71-14 at 23). The same morning, Castillo was sentenced in part to five days of imprisonment and transported to the Warren County Jail. (Court Doc. 71-14 at 23, 57).1 Castillo was booked, and in response to Officer Sherry Bailey's intake questions, he indicated that he did not suffer from any serious medical condition that might require attention while in custody and that he understood that he could request a health care provider at any point during his incarceration. (Id. at 57). Castillo was housed alongside other inmates in the jail's general population. (Pl.'s Resp. at 3).
That afternoon, while nurse Kay Grider performed her rounds, one of Castillo's cellmates beckoned Grider over and indicated that Castillo was ill. (Court Doc. 71-3, Grider Dep. 10-11). When Grider arrived to speak with him, Castillo, whose primary language was Spanish and who spoke little to no English, raised his hands and pointed to his throat. (Id. at 9, 11). Grider asked Castillo if his throat was sore, and Castillo shook his head, apparently indicating that it was not. (Id. at 11). Grider did not physically examine Castillo, but she provided two ibuprofen pills and indicated in her medical report that he complained of swollen glands but no sore throat. (Id. at 13-14; Court Doc. 71-14 at 165).
The morning of June 26, 2009, a bilingual inmate accompanied Castillo to speak with Carol Darby, the nurse performing rounds that morning. (Court Doc. 71-4, DarbyDep.9-10). The inmate stated that Castillo was sick, and Castillo pointed to his jaw. (Id. at 11). Darby thought he was indicating a toothache, and she gave him Tylenol. (Id. at 11).
At 12:30 a.m. on June 27, 2009, Correctional Officer Joseph VanBommel instructed Officers Jerry Britton and Newman Ford to check on Castillo, who was complaining of illness. (Court Doc. 71-10, VanBommel Dep. 13; Court Doc. 89-8, Britton Dep. 3). When Officers Britton and Ford arrived at the cell, a bilingual inmate stated that Castillo was sick and suffering from chills and a stomach ache. (Britton Dep. 3). VanBommel instructed the officers to bring Castillo to the booking area, so that he could be examined by Nurse Darby. (Id.). Once in booking, Officer Jorge Rivera, a Spanish-speaking correctional officer, spoke with Castillo about his condition. (Court Doc. 71-8, J. Rivera Dep. 11). Castillo was shivering and, pointing to his head, said "it hurts." (J. Rivera Dep. 11-12). The officers instructed Castillo to lie on a mattress, gave him water and crackers, and because he appeared cold, gave him a blanket. (Id. at 16; Britton Dep. 3).
Nurse Darby arrived at 2:30 a.m. and examined Castillo. (Britton Dep. 3; Darby Dep. 13-15). Through Officer Rivera, Castillo told her that he felt sick, pointed to his throat, and began massaging it. (Darby Dep. 15). Darby palpitated his throat but felt no swelling. (Id.). She then performed a physical examination on Castillo, which revealed that his body temperature was 95.4 degrees, though he did not feel cool to the touch. (Id. at 17-18). Darby gave Castillo Tylenol, and through Officer Rivera, Castillo said that he was feeling better and wished to return to his cell. (Id. at 16, 18; Britton Dep. 4). Darby gave Castillo Tylenol twice more while making her rounds: once later that day, and again early the nextmorning. (Darby Dep. 19).
The morning of June 28, 2009, Officers Abel Rivera and Jerry Britton moved Castillo from the cell he shared with other inmates to a one-man cell in "D Pod," a different section of the jail.2 (Britton Dep. 4-5; Court Doc. 71-9, A. Rivera Dep. 14-15). Inmates told the officers that Castillo was stealing food from his cellmates, and the officers transferred him in order to protect him from retaliatory violence. (Britton Dep. 4; A. Rivera Dep. 11-14). Both Britton and Rivera noted that Castillo did not make any health complaints while being transferred to his new cell, and he appeared healthy. (Britton Dep. 5; A. Rivera Dep. 16-17). That afternoon, while Nurse Darby was making her rounds, she gave Castillo another dose of Tylenol, but he immediately returned it. (Darby Dep. 22). He appeared healthy to Nurse Darby, but he did not respond when she asked if he was feeling better. (Id. at 22-23).
Around 2:00 a.m. on June 29, an inmate told Officer Britton that yelling or choking sounds were emanating from D Pod. (Court Doc. 71-14 at 73; A. Rivera Dep. 18; BrittonDep. 7; VanBommel Dep. 26-27).3 Britton was not near the cell, and he contacted Officer VanBommel requesting assistance. (Britton Dep. 27). VanBommel and Abel Rivera went to investigate, and although they could not discover the source of the noise, an inmate directed them to Castillo's cell. (A. Rivera Dep. 18; VanBommel Dep. 26, 28, 32). Speaking in Spanish, Rivera asked Castillo what was wrong, and Castillo replied that he was hot and thirsty. (A. Rivera Dep. 18). The officers took Castillo out of his cell and brought him to the booking area for observation. (Id. at 18-19). Castillo again indicated that he was thirsty, and the officers brought him water. (Id.). Rivera offered to let Castillo shower, but Castillo declined, and Rivera brought him more water. (Court Doc. 71-14 at 73). The officers continued to converse with Castillo, asking if he was sick and offering to call a nurse. (Id.; A. Rivera Dep. 21). Castillo said that he felt better and did not need to see a nurse, and he asked Rivera and VanBommel to return him to his cell. (Court Doc. 71-14 at 73; A. Rivera Dep. 20-21). The officers requested that he continue to rest for a few more minutes, but after he continued to insist that he was feeling better and ready to return, the officers escorted him back. (Court Doc. 71-14 at 73; A. Rivera Dep. 20-21). Later, Rivera informed Nurse Christy Sturgill of the incident, and he suggested that she may wish to speak with Castillo. (Court Doc. 71-14 at 74; Court Doc. 71-5, Sturgill Dep. 32-33). Sturgill replied that she would examine him in the booking room, but because the officers had to deal with a violent inmate elsewhere in the jail, they never returned with Castillo. (Court Doc. 71-14 at 74, 160; Sturgill Dep. 32-33).
Later, Officer Jason Wood encountered Castillo while conducting a head count. (Court Doc. 71-7, Wood Dep. 8). Wood asked if Castillo was feeling okay, and Castillo "shook his head yes." (Id. at 9). Mumbling emanated from Castillo's cell throughout the day. (Court Doc. 71-6, King Dep. 16, 21; Court Doc. 71-14 at 70). The mumbling stopped around the time the inmates were preparing for dinner. (Court Doc. 71-14 at 70).
At approximately 4:00 p.m., an inmate...
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