Salter v. Booker, CIVIL ACTION NO. 12-0174-CG-N
| Decision Date | 29 June 2016 |
| Docket Number | CIVIL ACTION NO. 12-0174-CG-N |
| Parties | BRENDA SALTER, as administratrix for the Estate of William Scott Salter, Plaintiff, v. ELAINE STINSON BOOKER, as the administratrix for the Estate of Edwin Booker, et al., Defendants. |
| Court | U.S. District Court — Southern District of Alabama |
This matter is before the Court on Defendants' motion for summary judgment (Doc. 167), Plaintiff's response in opposition (Doc. 179), and Defendants' reply (Doc. 190). For reasons that will be explained below, the Court finds that the motion for summary judgment should be granted in part to the extent that summary judgment will be granted in favor of Chief Deputy Sheriff Tyrone Boykin and Elaine Stinson Booker as the administratrix for the Estate of Sheriff Edwin Booker. Defendants' motion for summary judgment will be denied as to Wilbur Mitchell, Shirley Trent and Alisha Pate.
This case involves § 1983 and state law wrongful death claims relating to the suicide death of William Scott Salter ("Salter" or "Mr. Salter"), in March 2010, whilehe was detained at the Conecuh County Detention Facility in Alabama. The Amended Complaint alleges that Defendants were deliberately indifferent to Mr. Salter's serious medical needs during his detention in violation of his rights as a pretrial detainee under the Fourteenth Amendment to the U.S. Constitution and Alabama law. (Doc. 87).
There are five defendants remaining in this action, Tyrone Boykin, Wilbur Mitchell1, Shirley Trent, Alisha Pate2 and Elaine Stinson Booker as the administratrix for the Estate of Edwin Booker. Edwin Booker was the Sheriff of Conecuh County, Alabama at the time of Salter's detention and suicide. Tyrone Boykin was the Chief Deputy Sheriff of Conecuh County. (Doc. 169-4, p. 13). Wilbur Mitchell was the Jail Administrator of the Conecuh County Jail. (Doc. 169-1, p. 4). Captain Shirley Trent was a corrections officer. (Doc. 169-6, p. 6). Alisha Pate worked as both a dispatcher for the sheriff's office and as a corrections officer for the jail. (Doc. 169-5, p. 5).
In the year before Salter's suicide, on August 31, 2009, Salter was arrested and charged with reckless endangerment and brought to the Conecuh County Detention Facility. (Doc. 180-1, p. 93). By Probate Court Order dated September 1, 2009, on the petition of Mrs. Brenda Salter, Mr. Salter was committed on an emergency basis to be confined at Crenshaw Community Hospital. (Doc. 182-7).Salter was then committed to outpatient treatment at Southwest Alabama Mental Health by order dated September 10, 2009. (Doc. 169-1, p. 145; Doc. 182-6).
On February 8, 2010, a police report indicates that Salter called 911 to report that he had been robbed and stabbed. (Doc. 185-4). The police report narrative notes that Salter has a history of wanting to commit suicide and suggests that the wound may have been self-inflicted. (Doc. 185-4). The report states that Mental Health was notified and said they would send someone to the hospital to talk with him.
On February 25, 2010, less than two weeks before his suicide, Salter reportedly called the Conecuh County Sheriff's Office saying he had a gun and that he was going to put it in his mouth and pull the trigger. (Doc. 169-9, pp. 22-24). While the dispatcher kept Salter on the phone, another dispatcher arranged to have Salter's brother go over and calm him down and get the guns away from him. (Doc. 169-9, p. 24-25). Two Conecuh County deputy sheriffs were sent to Salter's home. (Doc. 169-9, p. 25). Salter's mental health counselor, Kevin Bryant, was called and Chief Boykin was advised of the situation. (Doc. 169-9, pp. 23-24, 33). The dispatcher did not speak to Sheriff Booker or Administrator Mitchell about the incident. (Doc. 169-9, p. 32). Salter was taken to see Kevin Bryant who talked to Salter for a while and then told him to go home and come back tomorrow to see him. (Doc. 169-13, pp. 43-44). Salter was a client of Southwest Alabama Mental Health and Kevin Bryant had previously had contacts with him as a counselor. (Doc. 169-12, p. 18). Kevin Bryant did not seek to have Salter committed at that time because Salter stated that he would not hurt himself and that he was not having any current thoughts of suicide and because there was no paranoia or psychosis evident at that time. (Doc. 169-12, pp. 73-74).
On March 1, 2010, William Scott Salter was arrested on a felony warrant for unlawful breaking and entering a vehicle in relation to the reported theft of a Remington 12-gauge shotgun from a pickup truck. (Doc. 169-15, ¶¶ 2-3; Doc. 169-28, p. 3). Salter was placed in the Conecuh County Detention Facility under a $50,000.00 bond. (Doc. 169-15 ¶ 4). During booking, Salter informed the booking officer that he had mental problems, he suffered from depression, and took medications for pain and mental problems. (Doc. 169-10, pp. 21-25). Salter's medical booking form notes that he has mental problems explained as "depression", he has seizures every now and then, he is taking medication for "pain, mental, blood pressure, chlosterol(sic), nerves etc.", he has a heart condition described as "micro valve prolapse", and that he is suicidal "sometimes (tried killin (sic) himself twice)." (Doc. 169-29 p. 2). According to the booking officer, Salter was initially placed on suicide watch because Salter said he was sometimes suicidal and had tried to kill himself in the past. (Doc. 169-10, p. 29). Administrator Mitchell reports that he was unaware of Salter's February 25th 911 call and only knew of the information on Salter's booking sheet. (Doc. 169-1, pp. 127-128). According to Nurse Johnson, she was not specifically aware of the recent suicide attempt, but "everyone knew", including Mitchell, "because the deputies had gone out there on numerousoccasions." (Doc. 169-7, p. 85).
Detainees on "suicide watch" are not given any linens, bed sheets or clothing other than boxer shorts and are visually checked by a jailer every 15 minutes. (Doc. 169-1, pp. 64-65). A detainee on suicide watch would have a piece of paper put on the cell door, and every 15 minutes a jailer would look in on the detainee and sign the paper. (Doc. 169-1, p. 66).
Plaintiff asserts in her response in opposition to summary judgment that Salter was never placed on suicide watch. However, Defendants point out that Plaintiff's Amended Complaint alleges that "[u]pon his arrest, the defendants placed Mr. Salter in an isolation cell in the booking room and he was placed on suicide watch which was limited to a 24-hour period." (Doc. 87, ¶ 21). This does not appear to be an admission of any real substance though, because the Amended Complaint further alleges that no special precautions were taken to remove any items that a reasonable person would expect posed a danger to a suicidal detainee. (Doc. 87, ¶ 21). The Amended Complaint also states that "[i]n the alternative, he was originally placed on 'suicide watch' and treated in a manner that recognized the danger he posed to himself, but was thereafter removed from said 'watch.' " (Doc. 87, ¶ 21). Thus, Plaintiff cannot now say that Salter was not at least initially put on "suicide watch," but the allegations of the complaint leave open the possibility that even though he was considered to be on "suicide watch" initially, all items that might pose a danger to a suicidal detainee may not have been removed from Salter'scell during that time. The jail administrator, Wilbur Mitchell agreed that Salter was put in an isolation cell originally because all new people in the jail are put in the isolation cell. (Doc. 169-1, p. 51). "In a normal situation" he would have been moved to the general population the next day. (Doc. 169-1, p. 52). In the isolation cell, Salter would have had a mat, but nothing else. (Doc. 169-1, p. 53). Inmates stating they are suicidal are automatically put into one of three cells at the front of the jail in the booking area and remain on suicide watch until removed by the jail doctor. (Doc. 169-6, pp. 66-68). Only Dr. West could take an inmate off suicide watch. (Doc. 169-6, p. 63; Doc. 169-7, p. 18).
Salter was later seen by Dr. West who reportedly decided Salter did not need to be on suicide watch, but should be placed on "health watch." (Doc. 169-1, pp. 62, 64). Dr. West worked for Tri-County Medical Center and was a medical doctor, not a mental health doctor, but when Dr. West made suggestions on treatment, the jail administrator and staff did what he asked. (Doc. 169-1, pp. 63-64; Doc. 169-7, pp. 18-20). It was Tri-County's policy for the doctor to classify inmates' mental health and call in mental health for a second opinion. (Doc. 169-7, p. 21).
The Alabama County Jail Standards required jail personnel to be aware of certain indicators that may be potentially suicidal indicators. (Doc. 169-3, p. 29). Under the County Jail Standards, the booking officer is required to complete a health screening form and ask if the arrestee has had a history of suicide attempts. (Doc. 169-3, p. 30). If there was a history of suicide attempts, the Jail Standardsrequired the inmate to be put on suicide watch and not issued his blankets or clothing. (Doc. 169-3, p. 31). Additionally, a history of suicide or unusual behavior should be immediately brought to the attention of the shift supervisor or the jail administrator. (Doc. 169-3, p. 31). The Alabama County Jail Standards also required that the inmate be referred to the local mental health agency as soon as possible, that the referral be documented and the officer making the referral should request a face-to-face evaluation of the inmate by the mental health professional as soon as possible. (Doc. 169-3, pp. 32-33). Correctional officers had copies of the Alabama County Jail Standards in their policy and procedure manuals. (Doc. 169-3, pp. 28-29). The Conecuh County "Guidelines and Policy for Jail Administration and Procedures" also stated that for "all arrestees who...
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