Shaidnagle v. Adams Cnty., Civil Action No. 5:13–cv–112–DCB–JCG.
| Decision Date | 27 January 2015 |
| Docket Number | Civil Action No. 5:13–cv–112–DCB–JCG. |
| Citation | 88 F.Supp.3d 705 |
| Parties | Jumel H. SHAIDNAGLE, individually, and on behalf of the Wrongful Death Beneficiaries of Nicholas L. Pastor, deceased, and the Estate of Nicholas L. Pastor, deceased, Plaintiffs v. ADAMS COUNTY, MISSISSIPPI by and through its Board of Supervisors, Adams County Sheriff's Department, Charles R. “Chuck” Mayfield, Jr., Sheriff of Adams County, Mississippi, in his individual and official capacities; Laura Smith, Ronald Dunmore, Lakeisha Owens, James Allred, Charles Harrigill, and John Does I–V, in their individual and official capacities, Defendants. |
| Court | U.S. District Court — Southern District of Mississippi |
Michael T. Jaques, Alicia S. Hall, Sessums, Dallas & Morrison, PLLC, Ridgeland, MS, for Plaintiffs.
Rebecca B. Cowan, Currie, Johnson, Griffin & Myers, PA, J. Lawson Hester, Jason Edward Dare, Wyatt, Tarrant & Combs, LLP, Jackson, MS, Lucien C. Gwin, III, Gwin, Lewis, Punches & Kelley, LLP, Natchez, MS, David D. O'Donnell, Sidney R. Hill, III, Clayton O'Donnell, PLLC, Oxford, MS, for Defendants.
ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DEFERRING JUDGMENT ON MOTION
This cause is before the Court on Defendant's, Laura Smith, Motion for Summary Judgment [docket entry no. 134 ], Defendant's, James Allred, Motion for Summary Judgment [docket entry no. 137 ], Defendants', Adams County, Mississippi, Charles Harrigill, and Charles R. Mayfield, Jr., Motion for Summary Judgment [docket entry no. 139 ], and Defendants', Gary Conn and Ronald Dunmore, Motion for Summary Judgment [docket entry no. 147 ]. Having reviewed the motions and responses, applicable statutory and case law, and being otherwise fully informed in the premises, the Court finds as follows:
I. Factual and Procedural Background
On July 27, 2012, Nicholas Pastor threatened to commit suicide at his family's hunting camp. He had doused himself in fuel, intending to set himself on fire. Pastor also had a loaded firearm in his possession. His family arrived and talked Pastor out of taking his own life. That same day, Pastor's family convinced him to seek psychiatric treatment at the Natchez Regional Medical Center. He was transferred to the University of Mississippi Medical Center (“UMMC”) in Jackson, Mississippi, that evening.
On July 28, 2012, Pastor was discharged from UMMC and returned home to Adams County. Although UMMC determined that Pastor was no longer actively suicidal, Pastor's family was still concerned for his welfare. Pastor's cousin contacted Tim Cotton, a Special Master for the Adams County Chancery Court, to have Pastor incarcerated. Cotton signed an Order to Hold that would allow the Adams County Sheriff's Department to jail Pastor before a hearing. The Order to Hold states:
Resp. Ex. 2, ECF No. 174–2. Based on the Order to Hold, the Adams County Sheriff's Department arrested Pastor on July 28, 2012, and took him to the Adams County Jail (“the Jail”).
Pastor was booked into the Adams County Jail at around 2:40pm on July 28, 2012. Defendant Laura Smith is the staff sergeant who was on duty when Pastor was booked. Defendants Ronald Dunmore and Gary Conn are jailers who were on duty at that time. Defendant James Allred is a jailer who came on duty while Pastor was incarcerated. Defendant Lakeisha Owens is the staff sergeant who replaced Smith at shift change. Pastor was brought into the Jail through a sally port and seated outside the control room. Smith had already seen the Order to Hold before Pastor's intake questionnaire was completed. The Order to Hold was necessary for Pastor to be booked into the Jail. Dunmore and Conn interviewed Pastor during booking to complete the intake questionnaire. Neither Dunmore nor Conn were aware of the circumstances under which Pastor had been brought to the jail or of his earlier suicide attempt. Pastor denied being suicidal or having previously attempted suicide. Although he told Dunmore and Conn about being in the hospital, Pastor did not tell the jailers the reason for his hospitalization. Further, Dunmore and Conn observed Pastor's behavior during the interview and found him to be talkative and normal-acting. Overall, he exhibited no signs or indications of suicidal behavior that Dunmore or Conn observed. After the questionnaire was completed, Smith reviewed Pastor's answers and Dunmore's and Conn's observations of Pastor. These together with her own observations of Pastor and the Order to Hold formed the basis for Smith's decision not to place Pastor on suicide watch.1
Thereafter, Pastor was placed in a holding cell and classified as a “lunacy” inmate. Because he was not placed on suicide watch, Pastor received toiletries and regular clothes. Standard procedure for non-suicide watch “lunacy” inmates was for the jailers to check on them once every hour. Video surveillance in the hallway outside the holding cell reveals when Dunmore, Conn, and Allred—who came on shift at 6:00pm—checked on Pastor. Dunmore or Conn checked on Pastor intermittently by looking through the window of the holding cell before bringing Pastor food and medication around 4:40pm. According to the surveillance footage, no one checked on Pastor again before his body was found by Allred around 6:20pm, in violation of the Adams County Jail's policy. Pastor had strangled himself by tying his pants around the sink in his cell and around his neck.
Pastor's mother, Plaintiff Jumel Shaidnagle, brought this suit on behalf of her son's wrongful death beneficiaries and her son's estate (collectively, “Shaidnagle”). In her amended complaint, Shaidnagle brings claims for a deprivation of civil rights under 42 U.S.C. §§ 1983, 1985, 1986, & 1988, claims for vicarious liability, and a declaratory judgment action seeking to have the Court declare the policies at issue in this case unconstitutional and enjoin the defendants from enforcing them.
On January 12, 2015, the parties, through counsel, participated in a pretrial conference. A pretrial order was entered on January 20, 2015, clarifying the remaining defendants and claims. Defendant Lakeisha Owens, whose first name has variously appeared as Tekeisha and Keisha in the briefs, is no longer involved in this case.2 Shaidnagle brings claims under Sections 1983, 1985, 1986, and 1988 against all defendants, in addition to her claims for equitable relief and declaratory judgment. Shaidnagle also seeks punitive damages against Defendant Charles R. Mayfield, Jr., (“Sheriff Mayfield”) Defendant Charles Harrigill, Smith, Dunmore, Conn, and Allred. The defendants bring a Section 1988 crossclaim for attorneys' fees and costs against the plaintiffs.
II. Analysis
Summary judgment is appropriate “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). Ginsberg 1985 Real Estate P'ship v. Cadle Co., 39 F.3d 528, 531 (5th Cir.1994) (citations omitted). The moving party bears the initial responsibility of apprising the district court of the basis for its motion and the parts of the record which indicate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
“Once the moving party presents the district court with a properly supported summary judgment motion, the burden shifts to the non-moving party to show that summary judgment is inappropriate.” Morris v. Covan World Wide Moving, Inc.,
144 F.3d 377, 380 (5th Cir.1998). “The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). But the nonmovant must meet his burden with more than metaphysical doubt, conclusory allegations, unsubstantiated assertions, or a mere scintilla of evidence. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994). A party asserting that a fact is “genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations ... admissions, interrogatory answers, or other materials....” Fed.R.Civ.P. 56(c)(1)(A).
Summary judgment must be rendered when the nonmovant “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, 477 U.S. at 322, 106 S.Ct. 2548.
“Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). ...
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