Spence v. U.S.

• Decision Date: 02 February 2001
• Docket Number: No. 3:98-CV-54 DF.,3:98-CV-54 DF.
• Parties: Sheila Lynn H. SPENCE, individually and as Administratrix of the Estate of Elizabeth Thurmond Green, and Sheryl H. Jones, Plaintiffs, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Middle District of Georgia

132 F.Supp.2d 1061

Sheila Lynn H. SPENCE, individually and as Administratrix of the Estate of Elizabeth Thurmond Green, and Sheryl H. Jones, Plaintiffs, v. UNITED STATES of America, Defendant.

No. 3:98-CV-54 DF.

United States District Court, M.D. Georgia, Athens Division.

February 2, 2001.

COPYRIGHT MATERIAL OMITTED

John Chapman Bell, Jr., Augusta, GA, for Plaintiffs.

Brendan F. Flanagan, Columbus, GA, for Defendant.

ORDER

FITZPATRICK, District Judge.

This case came before the Court for a non-jury trial on December 18, 2000, and December 19, 2000. After considering the testimony and evidence adduced at trial, including the exhibits, as well as the parties' post-trial briefs, the Court hereby enters the following findings of fact and conclusions of law. See Fed.R.Civ.P. 52(a).

I. FINDINGS OF FACT

1. Sheila Lynn H. Spence is the daughter of the decedent, Elizabeth Thurmond Green, and is the duly-appointed representative of Ms. Green's estate.

2. Sheryl H. Jones is also the daughter of the decedent, Elizabeth Thurmond Green.

3. The decedent, Elizabeth Thurmond Green, is the mother of Geoffrey W. Hodges. She was murdered at her home in Walton County, Georgia, on March 31, 1996.

4. On March 17, 1997, Ms. Spence and Ms. Jones filed a claim with the Department of Veterans Affairs for the wrongful death of Ms. Green. By letter dated December 23, 1997, that claim was denied. On March 26, 1998, Ms. Spence and Ms. Jones sued the United States in this Court for wrongful death based on Ms. Green's murder. As Administratrix of Ms. Green's estate, Ms. Spence also sued to recover for Ms. Green's pain and suffering and for the funeral and burial expenses incurred by the estate.

5. Geoffrey W. Hodges is a paranoid schizophrenic. He has a history of mental illness, substance abuse, and violence dating back to 1979. As a result of his delusional and violent behavior, he has been arrested, hospitalized, and incarcerated numerous times since 1979.

6. Mr. Hodges was discharged from the Navy in 1979 because of behavioral problems stemming from his mental illness. After his discharge, he was arrested by the Walton County Sheriff's Department for engaging in threatening behavior toward his family. The Superior Court of Walton County ordered him to be admitted to Athens General Hospital on November 9, 1979. He was released on December 3, 1979.

7. On February 21, 1980, Mr. Hodges was admitted to Central State Hospital in Milledgeville, Georgia, upon order of the Superior Court of Walton County. He had been charged with making terroristic threats. On April 8, 1980, he was discharged as competent to stand trial.

8. On September 2, 1980, Mr. Hodges was transferred from the Georgia Mental Health Institute to the Veterans Affairs Hospital in Decatur, Georgia. He was discharged on November 6, 1980.

9. On June 16, 1981, Mr. Hodges was admitted to Central State Hospital. He had been incarcerated for threatening to kill a man who sold him a van. On July 16, 1981, he was discharged as competent to stand trial.

10. On October 16, 1981, Mr. Hodges was transferred to Georgia Regional Hospital from the Georgia Mental Health Institute upon court order. He was described as "hostile, combative with auditory and visual hallucinations." He was discharged to the VA Hospital in Augusta Georgia, on November 23, 1981, where he remained until April 29, 1982. During this time, he "threatened to cut up his mother in pieces because he thought she was in bed with an alien."

11. On August 19, 1983, Mr. Hodges was transferred to Georgia Regional Hospital from the Walton County jail. On August 23, 1983, he became agitated and almost violent while visiting with his mother. He was transferred to the VA Hospital in August, Georgia, on August 23, 1983. He left the hospital on October 1, 1983, and did not return.

12. On December 7, 1983, Mr. Hodges was admitted to Georgia Regional Hospital following his arrest by the Athens Police Department for demolishing his trailer with an axe and running naked through the woods for three days. He was transferred to the VA Hospital on December 15, 1983.

13. On April 3, 1984, Mr. Hodges was admitted to Georgia Regional Hospital from the Walton County jail upon court order "for a pretrial evaluation of charges of abusive, obscene language, three counts of criminal trespass, burglary, theft by shoplifting and simple assault." While there, it was noted that he "had same delusions [which] ... may represent fixed delusions." He was discharged to the Walton County jail on April 11, 1984. After being found not guilty by reason of insanity, he was admitted to Georgia Regional Hospital on May 14, 1984, where he stayed until July 10, 1989. During this time, he "went on several trial visits; however, he seemed to always get into some sort of problems, either drugs or noncompliance."

14. On May 30, 1990, Mr. Hodges was admitted to Georgia Regional Hospital from the Walton County jail following his arrest for battery. He was transferred to Georgia Regional Hospital "because of aggressive and violent behavior towards officers and fellow inmates." While there, a large roach was flushed from his left ear. He was remanded to the Walton County Sheriff on June 7, 1990.

15. On June 22, 1990, Mr. Hodges was admitted to Georgia Regional Hospital on a physician's certificate because of "potential harm to others as manifested by threatening his neighbor." He was discharged on June 26, 1990. During this time, he began taking Prolixin, which is a medication used in the treatment of schizophrenia.

16. On September 5, 1990, Mr. Hodges was admitted to Georgia Regional Hospital for pretrial evaluation from the Walton County Sheriff's Department after he failed to appear for a simple battery charge. He was given Prolixin and discharged to the Walton County Sheriff on September 13, 1990.

17. On November 15, 1990, Mr. Hodges was transferred to Georgia Regional Hospital from the Georgia Mental Health Institute, where he had been admitted for engaging in threatening behavior. The following note appears in his medical records: "After serial exam, patient was very violent and had to be placed in seclusion ... patient remained angry." He was subsequently transferred to the VA Hospital.

18. On April 21, 1991, Mr. Hodges was admitted to Georgia Regional Hospital on hold order from the Walton County Sheriff's Department for driving under the influence and for an outstanding bench warrant.

19. On January 27, 1992, Mr. Hodges was transferred from Georgia Regional Hospital to the VA Hospital. He was described as "very hostile and threatening. Mood was angry and hostile and affect was angry and uncooperative." He was discharged on February 21, 1992.

20. On March 13, 1992, Mr. Hodges was admitted to Georgia Regional Hospital upon order of the probate court following his arrest for "threatening people and demonstrating bizarre behavior." He was discharged on March 24, 1992.

21. On April 12, 1992, Mr. Hodges was admitted to Georgia Regional Hospital on a physician's certificate after he got into a fight. He was discharged on April 14, 1992.

22. On July 10, 1992, Mr. Hodges was admitted to Georgia Regional Hospital upon order of the probate court. The medical records indicate that "he was not compliant with his medications and he was becoming violent and hostile ... homicidal ideation toward President Bush ... previous suicide attempt by drug overdose ... required seclusion and restraints at one time." He was discharged on July 30, 1992.

23. On October 3, 1992, Mr. Hodges was admitted to the VA Hospital. He was discharged on October 16, 1992.

24. On November 6, 1992, Mr. Hodges was admitted to Georgia Regional Hospital after telling his probation officer that he needed help. He was discharged on November 24, 1992.

25. On April 23, 1993, Mr. Hodges was admitted to Georgia Regional Hospital on a hold order from the Walton County Sheriff's Department for disorderly conduct, violation of his probation, and a bench warrant. He was discharged on May 4, 1993. The records from this time indicate that he regarded his mother as the most supportive person in his life, but that she tried not to confront or upset him in any way because he had been physically aggressive towards her in the past.

26. On August 17, 1993, Mr. Hodges was admitted to Georgia Regional Hospital upon order of the probate court "for threatening to kill people; no specifics. He was acutely psychotic ... was noncompliant with medications and mental health care." He was transferred to the VA Hospital on August 26, 1993, where he remained until he was discharged on September 13, 1993.

27. On October 26, 1993, Mr. Hodges was admitted to Georgia Regional Hospital on a physician's certificate. On November 4, 1993, he was returned to the Walton County jail to complete serving his sentence.

28. On April 7, 1994, Mr. Hodges was admitted to Georgia Regional Hospital from the Walton County Sheriff's Department on hold for charges of criminal trespass and making terroristic threats against his mother. He was discharged to the Walton County Sheriff on May 9, 1994. During this time, he was described as "somewhat psychotic," and he "did not meet the treatment plans."

29. On January 1, 1995, Mr. Hodges was admitted to Georgia Regional Hospital on a physician's certificate. He had been at Phillips Correctional Institute "apparently for criminal trespass ... he remained quite delusional and they did not feel comfortable releasing him back into the community.... He was quite delusional when he came in, thinking that his mother was a transsexual and therefore could not be his mother." He was discharged on January 20, 1995.

30. On June 16, 1995, Mr. Hodges was admitted to Georgia Regional Hospital from the Walton County Sheriff's Department after being charged with failure to appear for a court hearing. While in jail, he had refused medication, was hostile and paranoid concerning his family, and...