Salcido v. Harris Cnty.

Decision Date28 September 2018
Docket NumberCIVIL ACTION NO. H-15-2155
PartiesCASANDRA SALCIDO, AS NEXT FRIEND OF MINOR CHILDREN K.L. AND C.L., DENISE COLLINS, KENNETH LUCAS, AMBER LUCAS, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF KENNETH CHRISTOPHER LUCAS, DECEASED, AND DEIDRE MCCARTY, AS NEXT FRIEND OF MINOR CHILDREN K.J.L. AND T.J.L., Plaintiffs, v. HARRIS COUNTY, TEXAS, DEPUTY DAVID GORDON, DEPUTY XAVIER LEVINGSTON, DETENTION OFFICER BRODERICK GREEN, DETENTION OFFICER ALICIA SCOTT, DETENTION OFFICER JESSE BELL, DETENTION OFFICER MORRIS THOMAS, AND DETENTION OFFICER ADAM KNEITZ, Defendants.
CourtU.S. District Court — Southern District of Texas

CASANDRA SALCIDO, AS NEXT FRIEND OF MINOR CHILDREN K.L. AND C.L.,
DENISE COLLINS, KENNETH LUCAS, AMBER LUCAS,
INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF KENNETH CHRISTOPHER LUCAS, DECEASED,
AND DEIDRE MCCARTY, AS NEXT FRIEND OF MINOR CHILDREN K.J.L. AND T.J.L., Plaintiffs,
v.
HARRIS COUNTY, TEXAS, DEPUTY DAVID GORDON, DEPUTY XAVIER LEVINGSTON,
DETENTION OFFICER BRODERICK GREEN, DETENTION OFFICER ALICIA SCOTT,
DETENTION OFFICER JESSE BELL, DETENTION OFFICER MORRIS THOMAS,
AND DETENTION OFFICER ADAM KNEITZ, Defendants.

CIVIL ACTION NO. H-15-2155

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

September 28, 2018


MEMORANDUM OPINION AND ORDER

Plaintiffs, Casandra Salcido, as next friend of minor children K.L. and C.L., Denise Collins, Kenneth Lucas, Amber Lucas, individually and as Representative of the Estate of Kenneth Christopher Lucas ("Lucas"), deceased, and Deidre McCarty, as next friend of minor children K.J.L. and T.J.L, bring this action against defendants, Harris County, Texas, and Harris County Sheriff's Office ("HCSO") employees in their individual capacities, Deputy David Gordon ("Gordon"), Deputy Xavier Leveston

Page 2

("Leveston"), Detention Officer Broderick Green ("Green"),1 Detention Officer Alicia (a/k/a Riley) Scott ("Scott"),2 Detention Officer Jesse Bell ("Bell"), Detention Officer Morris Thomas ("Thomas"),3 Detention Officer Adam Kneitz ("Kneitz"), Laxman Sunder, M.D. ("Sunder"), and Carrie O'Pry, LVN ("O'Pry"), under 42 U.S.C. § 1983 for violation of civil rights guaranteed by the Fourteenth Amendment to the United States Constitution, and for violation of the Americans With Disabilities Act ("ADA"), 42 U.S.C. § 12131, and § 504 of the Rehabilitation Act, 22 U.S.C. § 794. Plaintiffs seek compensatory and punitive damages, costs, and attorney's fees. Pending before the court are Deputy and Detention

Page 3

Officers' MSJ (Docket Entry No. 145); Defendant Laxman Sunder, MD's Motion for Summary Judgment ("Sunder's MSJ," Docket Entry No. 146); Defendant Carrie O'Pry, LVN's Motion for Summary Judgment ("O'Pry's MSJ," Docket Entry No. 147); Defendants' Motion to Dismiss Pursuant to Rule 12(b)(6), Fed. R. Civ. P. ("Defendants' Motion to Dismiss," Docket Entry No. 148); Deputies' MSJ (Docket Entry No. 150); Defendant Harris County's Motion for Summary Judgment ("Harris County's MSJ," Docket Entry No. 151); Defendant Harris County's Amended Motion for Summary Judgment ("Harris County's Amended MSJ," Docket Entry No. 152); Plaintiffs' Motion to Unseal (Docket Entry No. 174); Plaintiffs' Motion to Strike Defendant Harris County's Appendix Exhibits 2 and 3 and Portions of Defendant Officers' Exhibit 7 ("Plaintiffs' Motion to Strike," Docket Entry No. 179); Defendants' Objections and Reply to Plaintiffs' Consolidated Response to Defendants' Motion for Summary Judgment ("Defendants' Objections and Reply," Docket Entry No. 190); Defendants' Amended Objections and Reply to Plaintiffs' Consolidated Response to Defendants' Motions for Summary Judgment ("Defendants' Amended Objections and Reply," Docket Entry No. 192); and Defendants' Motion to Strike Exhibits & Plaintiffs' Counsel's Affidavit ("Defendants' Motion to Strike," Docket Entry No. 194). The court has considered the motions, the responses, the replies, all other relevant filings, and the applicable law. For the reasons set forth below, the Deputy and Detention Officers' MSJ (Docket Entry No. 145) will be granted in part as to defendant

Page 4

Kneitz and otherwise denied; Sunder's MSJ (Docket Entry No. 146) will be granted; O'Pry's MSJ (Docket Entry No. 147) will be granted; Defendants' Motion to Dismiss (Docket Entry No. 148) will be granted; the Deputies' MSJ (Docket Entry No. 150) will be denied; Harris County's MSJ (Docket Entry No. 151) will be declared moot; Harris County's Amended MSJ (Docket Entry No. 152) will be granted in part and denied in part; Plaintiffs' Motion to Unseal (Docket Entry No. 174) will be granted; Plaintiffs' Motion to Strike (Docket Entry No. 179) will be granted; Defendants' Objections and Reply (Docket Entry No. 190) will be declared moot; Defendants' Amended Objections and Reply (Docket Entry No. 192) will be granted in part and denied in part; and Defendants' Motion to Strike (Docket Entry No. 194) will be granted in part and denied in part.

I. Undisputed Facts and Procedural Background

This action arises out of a use of force incident at the Harris County Jail during which inmate Lucas died.

A. Undisputed Facts

On February 12, 2014, Lucas was arrested for violating a child custody order after he refused to return his teenage children to their mother.4 Lucas's medical assessment upon intake to the

Page 5

Harris County Jail stated that he had a history of high blood pressure, anxiety, bipolar disorder, and Xanax use.5

On February 16, 2014, at 6:25 a.m., Lucas assaulted his cellmate while the cellmate was sleeping and was moved to a holding cell where he complained of chest pain. Following evaluation in the jail clinic Lucas was transferred to the hospital for further evaluation. Late that afternoon Lucas was returned to the jail where he was later assigned to a single cell in administrative separation for resisting restraint.6

On February 17, 2014, at 6:25 a.m., Lucas clogged his toilet with his shirt, flooded his cell, and was observed wrapping his wet shirt around his head. Jail personnel attempted to speak with Lucas, but he responded in a confused and aggressive manner that prompted a referral to the mental health clinic. At 9:55 a.m. jail personnel observed Lucas pull the smoke detector off of the ceiling of his cell, informed Lucas that he had committed the offense of "Destroying, Altering or Damaging County Property," offered Lucas the opportunity to provide a written statement, which he refused, and reported the incident to Sergeant Oldman Keculah ("Keculah"). At approximately 11:35 a.m. a Licensed Practitioner of the Healing

Page 6

Arts ("LPHA") intern attempted to meet with Lucas, but because Lucas was rambling unintelligibly and banging on the door of his cell, the intern referred Lucas to the medical clinic for possible Xanax withdrawal.7

At about the same time that the LPHA intern was attempting to meet with Lucas, Keculah advised First Shift Watch Commander Lieutenant Lynette Anderson ("Anderson") that Lucas was disruptive. Anderson told Keculah that she would activate the Detention Command Containment Team ("DCCT") to extract Lucas from his cell, take him to the jail clinic, and then re-house him in another cell. Before meeting the DCCT team Anderson went to Lucas's cell to assess the situation. Anderson attempted to speak with Lucas but he would not stop yelling and screaming.8

Dressed in protective clothing, which included padded uniforms and helmets, the DCCT arrived at the cellblock at approximately 12:00 p.m. The DCCT consisted of defendants Gordon, the team supervisor; Leveston, the point man (i.e., the first in line to enter Lucas's cell); Green, the second man; Scott, the team leader

Page 7

and third man; Bell, the fourth man; Thomas, the fifth man; and Kneitz, the video camera operator. Gordon, the team supervisor, ordered Lucas to hand over the smoke detector. When Lucas refused to comply with Gordon's order to hand over the smoke detector, Leveston, Green, Scott, Bell, and Thomas lined up in a single file "stick," entered Lucas's cell, and forced Lucas to the floor using a plexiglass shield. On the floor Lucas struggled, but the DCCT managed to take the smoke detector away from him, handcuff him, and shackle his legs, which were then crossed and bent back at the knees. The DCCT then slid Lucas out of the cell, lifted and placed him face down onto a gurney for transport to the jail's medical clinic. During the transport Leveston was on Lucas's right side holding his right arm behind his back,9 Green was on Lucas's left side holding his left arm behind his back,10 Bell was on Lucas's left side to hold his left leg, and Thomas was on Lucas's right side to hold his right leg.11 Scott got onto the gurney and held Lucas's shackled legs — which were crossed and bent back at the

Page 8

knees — against his buttocks.12 Kneitz stayed near Lucas videotaping the transport to the clinic.13 Anderson accompanied Lucas and the DCCT members from the cellblock to the clinic. In the elevator lobby on the way to the clinic, Lucas said to Anderson, "I can't breathe you fucking bitch."14 Because Lucas could talk, Anderson concluded that Lucas could breathe and did nothing to determine the validity of his complaint that he could not breathe.15 The cell extraction and transport to the clinic took approximately 12 minutes.16

When Lucas arrived at the clinic, Dr. Sunder ordered that he be given 4 mg of Ativan.17 Lucas continued to curse and state that

Page 9

he could not breathe.18 Dr. Sunder told Lucas, "Relax, we are going to give you your medicines."19 Lucas responded, "Fuck you," and a few seconds later yelled "take this off me, I can't breathe."20 DCCT members continued to tell Lucas to relax, to which Lucas responded, "I can't bro."21 Soon thereafter O'Pry can be heard in the background of the video asking, "would it be better for ya'll if we rolled him over and, and . . .? Oh, okay, never mind."22 Lucas mumbled as O'Pry attempted to administer a shot of sedative, but the needle broke.23 O'Pry's next attempt to administer a shot of sedative was successful, and O'Pry stated that Lucas should be sleeping within 15-20 minutes.24 O'Pry then attempted to take Lucas's blood pressure, but was not successful.25 "Dr. Sunder states that Lucas has 'already calmed down' and asks Nurse O'Pry if

Page 10

it is the drugs that has calmed him down or if it is 'just these people' to which Nurse O'Pry responds, 'I think it is a combination, I think he realizes they're not going to move.'"26 "O'Pry lets Dr. Sunder know that she is "working on a blood pressure monitor" and Dr. Sunder asked if they...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT