Smith v. Lejeune, 01-CV-026-B.
| Decision Date | 17 May 2002 |
| Docket Number | No. 01-CV-026-B.,No. 00-CV-129-B.,01-CV-026-B.,00-CV-129-B. |
| Citation | 203 F.Supp.2d 1260 |
| Parties | Julie SMITH, Individually and as Personal Representative of the Estate of Steven D. Smith, Plaintiff, v. Kenneth LEJEUNE, Individually, and Tanda Hicks, Individually, Defendants. and Julie Smith, Individually and as Personal Representative of the Estate of Steven D. Smith, Plaintiff, v. Board of Commissioners of Laramie County, Wyoming, et al. |
| Court | U.S. District Court — District of Wyoming |
Mitchell E. Osborn, Grant and Osborn, Cheyenne, WY, Brice A. Tondre, Denver, CO, for plaintiff.
Lisa B. Halstead, Kennedy & Christopher, Denver, CO, for Kenneth LeJeune, RN, defendant.
Paul Cooper, Cooper & Clough, Denver, CO, for Thomas J. Flower, D.O., defendant.
Judith A. Studer, Schwartz, Bon, Walker & Studer, Casper, WY, for Kay Thomas, RN, Ellen E. Barbour, defendants.
ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT
This action arises from the death of Plaintiff Julie Smith's husband while in custody at the Laramie County Detention Facility in Cheyenne, Wyoming. Now before the Court are the remaining Defendants' Motions for Summary Judgment based on the issue of qualified immunity. Other outstanding motions will be deemed moot by this order.
At the time of this Order, Plaintiff had previously reached a settlement agreement with the Board of Commissioners of Laramie County, Wyoming, and individual Defendants Allsop, Pederson, Davis and Lounsbury; the parties have stipulated to the dismissal of Plaintiff's claims against Sheriff Roger Allsop, in his capacity as Sheriff, and David Wood, individually; this Court dismissed Defendants William H. Bolden, and WHB Companies, Inc. by a previous Order on a Motion for Summary Judgment; Plaintiff has previously accepted an Offer of Judgment from Defendant Preferred Medical Correctional Team of Wyoming, Inc.; Nurse Tanda Hicks was never served with a summons and Complaint and has consequently been dismissed from suit; and Plaintiff has accepted an offer of judgment from Defendant LeJeune. Therefore, this Order will only address remaining Defendants, namely, Dr. Flower and nurses Thomas and Barbour, all in their individual capacities.
After reading the briefs, hearing oral arguments, and being fully advised of the premises, the Court FINDS and ORDERS as follows:
Statement of Parties and Jurisdiction
Plaintiff Julie Smith is a resident of Wyoming and is the widow of Steven Smith. Defendant Flower was to provide supervision of medical care and evaluate programs, services and the adequacy of the treatment facilities at the Laramie County Detention Facility. Defendants Thomas and Barbour were nurses employed at the Laramie County Detention Facility. Jurisdiction of this Court has been invoked under 28 U.S.C. §§ 1343 and 1367. Venue is proper pursuant to 28 U.S.C. § 1391(b).
Plaintiff originally brought suit against Laramie County Board of Commissioners, et al. on July 7, 2000. This case was originally set to go to trial on July 16, 2001. The Court entered an order denying Summary Judgment on June 18, 2001. The Court entered a Supplemental Order on Summary Judgment on June 25, 2001. After a status conference on July 9, 2001, the Court issued another Order which vacated the trial date, vacated the Supplemental Order on Summary Judgment, stayed discovery and ordered the parties to re-brief the issue of qualified immunity. A hearing on Defendants Flower, Thomas, and Barbour's Motions for Summary Judgment based on qualified immunity was held on February 26, 2002. The original case was consolidated with the case by the Plaintiff against Nurses Kenneth LeJeune and Tanda Hicks on September 13, 2001. A hearing on Defendant LeJeune's Motion for Summary Judgment was held on April 12, 2002.
Steven Smith ("Smith") died in the Laramie County Detention Facility (the "Facility") on February 14, 1999. Former Defendant Laramie County Board of Commissioners owns and operates the Laramie County Detention Facility. Former Defendant City of Cheyenne contracts with the County to house prisoners at the Facility.
On February 12, 1999, Smith was taken into custody by Officer John C. Pederson ("Pederson") of the Cheyenne Police Department. Pederson suspected Smith of driving under the influence of alcohol after Smith was involved in an automobile accident. Smith's breath alcohol concentration was tested, revealing a concentration of .317.
Pederson took Smith to the Facility, where Smith received a preliminary medical exam from Defendant Kay Thomas ("Thomas"), a Licensed Practical Nurse employed at the Facility at approximately 10:45 p.m. on February 12, 1999. Smith was then placed in a holding cell.
Deputy Ed Davis came on duty at 6 a.m. on February 13, 1999. Deputy Davis asked Defendant Nurse Ellen Barbour ("Barbour") to evaluate Smith at around 11:30 a.m. on February 13, 1999. Smith was booked by Deputy David Wood on February 13, 1999 at approximately 1 p.m. After booking, Smith was transferred to the D-Pod section of the Facility. Between 6:00 and 10:00 p.m., Smith was in the common area of D-Pod. During this time, Deputy Richard Lounsbury ("Lounsbury") observed Smith. Thomas saw Smith during medical rounds at approximately 8:30 p.m. on February 13, 1999. Other inmates also had contact with or observed Smith during the time before the 10 p.m. lockdown. Former Defendant Nurse Hicks relieved Thomas at the end of her shift. Between 11:30 p.m. and 2:15 a.m., Lounsbury observed Smith get out of his bed to use the bathroom. Some time after that, but before 6:00 a.m. the following morning, Smith died in his cell. The autopsy indicated Smith died from an arrhythmia resulting from an electrolyte imbalance caused by fatty liver.1
Former Defendant Preferred Correctional Medical Team of Wyoming ("PCMT") was under contract to provide medical services at the Facility. PCMT contracted with Defendant Dr. Thomas Flower ("Flower") to supervise medical care, evaluate programs, services, and the adequacy of the treatment facilities. Former Defendant Nurse LeJeune was to assist Flower with his duties. LeJeune was the Medical Unit Administrator hired by PCMT. PCMT retained Nurses Thomas and Barbour to provide nursing services at the Facility. Plaintiff contends Flower failed to train and supervise personnel under his direction and control with respect to the appropriate treatment of alcohol withdrawal and its severe danger to a person suffering from its effects and that such deliberate indifference to the serious medical needs of Smith resulted in his death. Plaintiff contends that Nurses Thomas and Barbour were deliberately indifferent to the serious medical needs of Smith, resulting in his death.
Plaintiff asserts claims for civil rights violations pursuant to 42 U.S.C. § 1983; state law claims pursuant to the Wyoming Governmental Claims Act; and for medical negligence against the remaining Defendants. Defendants have made motions for summary judgment on the basis that they are entitled to qualified immunity from suit under 42 U.S.C. § 1983, and that the Court should then exercise its discretion to dismiss the pendant state law claims.
Actions for damages provide an important remedy for individuals injured by the abuse of authority by governmental officials. However, such actions have the potential to subject officials to costly and harassing litigation and inhibit officials in performing their official duties. Anderson v. Creighton, 483 U.S. 635, 638, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); Harlow v. Fitzgerald, 457 U.S. 800, 814, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). Courts recognize the affirmative defense of qualified immunity to balance these competing interests. Qualified immunity protects "all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). The United States Supreme Court emphasized the broad protection provided by the qualified immunity defense, explaining that it gives officials "a right, not merely to avoid `standing trial,' but also to avoid the burdens of `such pretrial matters as discovery.'" Behrens v. Pelletier, 516 U.S. 299, 308, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996) (quoting Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985)). Consequently, courts should resolve the "purely legal question" of whether the qualified immunity defense is available Siegert v. Gilley, 500 U.S. 226, 232, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991), `at the earliest possible stage in litigation.' Albright v. Rodriguez, 51 F.3d 1531, 1534 (10th Cir.1995) (quoting Hunter v. Bryant, 502 U.S. 224, 227, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991)).
Summary judgment motions in qualified immunity cases are evaluated differently than general summary judgment motions due to the underlying purposes of qualified immunity. Nelson v. McMullen, 207 F.3d 1202, 1205-06 (10th Cir.2000). After a defendant asserts a qualified immunity defense, the burden shifts to the plaintiff to satisfy a two-part test. Scull v. New Mexico, 236 F.3d 588, 595 (10th Cir. 2000); Adkins v. Rodriguez, 59 F.3d 1034, 1036 (10th Cir.1995). A court must determine whether the plaintiff has satisfied a "heavy two-part burden." Albright, 51 F.3d at 1534. The plaintiff must first establish "that the defendant's actions violated a constitutional or statutory right." Albright, 51 F.3d at 1534; see also Wilson v. Layne, 526 U.S. 603, 609, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (). If the plaintiff establishes a violation of a constitutional or statutory right, he must then demonstrate that the right at issue was clearly established at the time of the defendant's unlawful conduct. Albright, 51 F.3d at 1534. In...
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