Stanbro v. Westchester Cnty. Health Care Corp.
| Decision Date | 27 August 2021 |
| Docket Number | 19 Civ. 10857 (KMK)(JCM),20 Civ. 1591(KMK)(JCM) |
| Parties | CHAD STANBRO, Plaintiff, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, WESTCHESTER MEDICAL CENTER, FRANK WEBER and JOHN FULL, Defendants. CHAD STANBRO, Plaintiff, v. CORRECTION OFFICER NADYA PALOU, CORRECTION OFFICER RAYMOND DEAL, CORRECTION OFFICER KRISTOFER LEONARDO, CORRECTION OFFICER RICHARD LANDRY, CORRECTION NURSE GARY PAGLIARO and CORRECTION SERGEANT ENRIQUE TORRES, Defendants. |
| Court | U.S. District Court — Southern District of New York |
On November 22, 2019, Chad Stanbro ("Plaintiff), a prisoner under the care of the New York Department of Corrections and Community Supervision ("DOCCS"), brought suit against Westchester Medical Center ("WMC"), Dr Frank Weber ("Dr. Weber") and Dr. John Full for failing to provide him with proper medical care and prematurely authorizing his discharge after he underwent an outpatient procedure at WMC on August 31, 2018. See generally Stanbro v. Westchester County, et al, 19 Civ 10857, Docket No. 1 ("Action No. 1"). Thereafter on February 24, 2020, Plaintiff filed a separate action against Correction Officers Nadya Palou ("Officer Palou"), Raymond Deal ("Officer Deal") Kristofer Leonardo ("Officer Leonardo") and Richard Landry ("Officer Landry") (collectively, "Officer Defendants"), Correction Nurse Gary Pagliaro ("Nurse Pagliaro") and Correction Sergeant Enrique Torres ("Sergeant Torres") for, inter alia, subjecting him to excessive force and acting with deliberate indifference to his medical needs, in violation of his Eighth Amendment rights. See generally Stanbro v. Palou, et al, 20 Civ. 1591, Docket No. 12 ("Action No. 2"). On February 4, 2021, the Honorable Kenneth M. Karas so ordered a joint stipulation consolidating the actions for purposes of discovery, pursuant to Federal Rule of Civil Procedure 42. (Action No. 1, Docket No. 46; Action No. 2, Docket No. 43).
Presently before the Court is Plaintiffs motion for spoliation sanctions[1] ("Motion") against the Officer Defendants and Sergeant Torres, for their alleged failure to preserve a videotape ("Video") of Plaintiff s August 31, 2018 escort from Fishkill Correctional Facility ("Fishkill") to St. Luke's Hospital ("St. Luke's"). (Action 1, Docket No. 69; Action 2, Docket No. 71).[2]
On August 31, 2018, Plaintiff was transported from Fishkill to WMC by Officers Deal and Palou to undergo surgery for his dislocated jaw. (Palou Decl.[3] ¶ 2). Officers Leonardo and Landry, who worked at Greene Correctional Facility ("Greene"), were also present at WMC supervising several Greene inmates. (Leonardo Dep.[4] at 23:14-23; see Landry Dep.[5] at 34:3-4). During the course of Plaintiff s procedure, he was administered anesthesia, to which he had an adverse reaction. (Docket No. 12 ¶ 38) ("Am. Compl."). Plaintiff appeared agitated, (Palou Dep.[6] at 28:18-23, 30:9-11), but was unable to speak, as his jaw was "wired shut" for the procedure, (Landry Dep. at 33:6-9). Plaintiff began swinging his arms and kicking his legs at Dr. Weber and Officer Deal. (Deal Dep.[7] at 52:25-53:8, 56:3-5; Leonardo Dep. at 48:6-6; Landry Dep. at 29:16-18). Officer Leonardo, who was standing by the doorway of the room where the procedure was being conducted, came up behind Plaintiff and "pulled" him back down into the dental chair. (Palou Dep. at 32:17-34:23). Officer Palou testified that Officer Leonardo held "[Plaintiffs] head and [the] upper part of his body" to keep him still. (Id. at 37:6-8, 37:12-15). Officer Leonardo described his actions as placing Plaintiff in "half a bear hug." (Leonardo Dep. at 49:2). Plaintiff continued to struggle with Officers Leonardo and Palou, who held his "upper" body and legs down in the dental chair. (Palou Dep. at 35:10-18, 37:13-15). Officer Deal attempted to restrain Plaintiffs feet, (Deal Dep. at 57:10-14), until Plaintiff kicked Officer Deal in the stomach, pushing him backward into the wall, (Palou Dep. at 39:9-12; Deal Dep. at 58:4-7, 58:10-24). This prompted Officer Landry to enter the room and hold down Plaintiffs feet while Officer Deal retrieved mechanical restraints. (Landry Dep. at 28:23-25, 31:2-3). Officer Deal restrained Plaintiff in the dental chair with a waist chain, padlocks, cuffs and a black box. (Leonardo Dep. at 57:24-25; Palou Dep. at 42:19-21). Officer Palou estimated that the officers applied pressure to Plaintiffs "upper" body for two to four minutes before the mechanical restraints were secured. (Palou Dep. at 42:22-43:7).
Once the mechanical restraints were secured, the officers stepped away from Plaintiff. (Id. at 46:3-17). Palou testified that Plaintiff was "crying" and "hyperventilating," but did not appear injured. (Id. at 46:21-47:14). Officers Leonardo and Deal similarly said that Plaintiff was "acting fine" and did not seem to be hurt in the aftermath of the incident. (Deal Dep. at 100:4-5; Leonardo Dep. at 65:3-6.). Officers Palou, Leonardo and Deal denied that Plaintiff was unable to ambulate at this time. (Palou Dep. at 45:6-7; Deal Dep. at 100:19-23; Leonardo Dep. at 65:7-13).
Plaintiff was placed in a wheelchair and transported back to Fishkill by Officers Deal and Palou. (See Deal Dep. at 107:5-8). Fishkill's Deputy Superintendent of Security, Stephen Urbanski ("DSS Urbanski"), testified that "by the time" Plaintiff returned to Fishkill, "[DOCCS was] aware that [Plaintiff suffered] at least what appeared to be injuries," which prompted DOCCS's Office of Special Investigation ("OSI") to open an investigation into the incident. (Urbanski Dep.[8] at 22:8-18, 22:25-23:4). At some point before Plaintiff arrived at Fishkill, DSS Urbanski received a call from someone at WMC "complaining about the use of force" on Plaintiff, which the individual "did not feel... was appropriate" and believed was "unnecessary." (Mat 19:3-8, 19:18-20).
When Deal, Palou and Plaintiff arrived at Fishkill, they were met by Sergeant Torres, who was the sergeant on duty for Fishkill's Regional Medical Unit ("RMU"). (Torres Dep.[9] at 82:4-6; Urbanski Dep. 32:3-5). Plaintiff indicated to Sergeant Torres that his neck was in pain. (Torres Dep. at 31:15-20). Sergeant Torres summoned the assistance of Nurse Pagliaro, who removed Plaintiff from the transport van and secured him in a" Stryker" chair. (Id. at 31:18-20, 32:12-21, 33:23-25, 57:9-10; see also Stanbro Dep.[10] at 90:12-14). Nurse Pagliaro escorted Plaintiff to the emergency room ("ER") within Fishkill's RMU. (Stanbro Dep. at 92:10-18). Plaintiff described being in "excruciating" pain as he was taken to the ER. (Id. at 94:5-7). Sergeant Torres testified that he did not believe Plaintiff was physically injured at this time. (Torres Dep. at 42:5-8).
After Plaintiff arrived in the ER, Sergeant Torres photographed Plaintiff in the Stryker chair. (Id. at 50:7-16; Docket No. 68-3). Sergeant Torres testified that the entire time Plaintiff was in the Stryker chair, his head, legs and arms remained in substantially the same position as is depicted in the photographs produced during discovery. (Torres Dep. at 52:8-17; see also Docket No. 68-3). Plaintiff alleges that he was in the Stryker chair for a "period of hours." (Am. Compl. ¶ 54).
At some point thereafter, Sergeant Torres witnessed Plaintiff "slid[e] out of the [Stryker] chair . . . onto the floor" in "slow motion." (Torres Dep. at 53:19-21, 59:23). Plaintiff lay on the ground on his back, looking straight up. (Id. at 60:11-61:2). Nurse Pagliaro conducted an examination of Plaintiff while he lay on the ground, in which he removed Plaintiffs pants and shoes and used a plastic needle to "scan the bottom of Plaintiffs foot to determine whether Plaintiff had a reflex. (Id. at53:21-23; StanbroDep. at 94:15-22). Plaintiff described that Nurse Pagliaro "stabb[ed] the bottom of [his] foot for a long period of time," and when Plaintiff did not exhibit a reflex, Nurse Pagliaro started to "push on [his] toenail" and pinch his legs. (Stanbro Dep. at 94:24-95:6). Plaintiff did not feel any of Nurse Pagliaro's maneuvers. (Id. at 95:9-11). Plaintiff was unable to get up off the ground, prompting personnel within the ER to call an ambulance to bring Plaintiff to an outside hospital. (Id. at 95:24-96:2; Urbanski Dep. at 49:18-21).
Shortly after Plaintiff was examined by Nurse Pagliaro, DSS Urbanski was informed that Plaintiff "had an injury and could not move." (Urbanski Dep. at 49:14-19). Sergeant Torres, however, testified that Plaintiff was moving his arms and legs while on the ground. (Torres Dep. at 66:13-16). It is undisputed that Plaintiff remained on the ground until the medics arrived. (Stanbro Dep. at 96:3-5; Torres Dep. at 65:21-66:7). The medics moved Plaintiff to a stretcher and transported him by ambulance from the RMU to St. Luke's. (Torres Dep. at 102:3-7). Plaintiff s transport was recorded on a hand held video camera. (Id. at 99:24-25). Upon his arrival at St. Luke's, Plaintiff was diagnosed with, inter alia, quadriplegia. (See Stanbro Dep. at 96:3-5; Am. Compl. ¶ 54).
At the direction of DSS Urbanski, Plaintiff s transport to St Luke's was recorded and Plaintiff was accompanied by a supervisor, Sergeant John Carreras ("Sergeant Carreras"). (Urbanski Dep. at 60:6-10; Torres Dep. at 99:24-25). Pursuant to standard procedure, the officers should have started the video recording as soon as Plaintiff was moved, in this case, out of the ER via stretcher. (Torres Dep. at 102:22-103:5). While the record indicates that the video recording started while Plaintiff was inside the RMU, (Urbanski Dep. at 72:4-6; Torres Dep. at 101:4-22), it is unclear whether the recording commenced while Plaintiff was in the ER or once he left the ER but was still inside the RMU. Furthermore, the recording should have...
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