Stephens v. Dunn

• Citation: 453 S.W.3d 241
• Decision Date: 14 January 2014
• Docket Number: No. SD 32563.,SD 32563.
• Court: Court of Appeal of Missouri (US)
• Parties: Sheri STEPHENS, Plaintiff/Appellant, v. Sheriff W. Archie DUNN, Sheriff Jack L. Merritt, Retired, C.E. Wells, John Doe I, John Doe III, and John Doe IV, Defendants/Respondents, and Gerald Tuck, John Doe II, John Doe V, and John B. Freitas, DO, Defendants.

453 S.W.3d 241

Sheri STEPHENS, Plaintiff/Appellant
v.
Sheriff W. Archie DUNN, Sheriff Jack L. Merritt, Retired, C.E. Wells, John Doe I, John Doe III, and John Doe IV, Defendants/Respondents¹
and
Gerald Tuck, John Doe II, John Doe V, and John B. Freitas, DO, Defendants.

No. SD 32563.

Missouri Court of Appeals, Southern District, Division One.

Jan. 14, 2014.
Motion for Rehearing and/or Transfer to Supreme Court Denied Feb. 5, 2014.
Application for Transfer Denied April 29, 2014.

453 S.W.3d 244

Brian F. McCallister and Dion F. Sankar, of Kansas City, MO, for Appellant.

M. Douglas Harpool, of Springfield, MO, for Respondents Dunn, Tuck, and Does I, III and IV.

John W. Housley and Aaron M. Klusmeyer, of Springfield, MO, for Respondents Merritt, Wells, and Does II and V.

Opinion

WILLIAM W. FRANCIS, JR., J.

Sheri Stephens (“Stephens”) appeals the motion court's “Judgment” sustaining motions to dismiss filed by Sheriff W. Archie Dunn (“Sheriff Dunn”), Sheriff Jack L. Merritt (“Sheriff Merritt”), and C.E. Wells (“Wells”), and the “Motion to Dismiss, or in the Alternative, Quash Purported Service of Process” filed on behalf of John Doe I, John Doe III, and John Doe IV (“collectively “Does I, III, and IV”). We affirm the Judgment² of the motion court.

Factual and Procedural Background

On March 8, 2007, William Stephens (“decedent”) was detained in Greene County on suspicion of driving with a suspended license. During this traffic stop, it was discovered decedent had an outstanding arrest warrant in Jasper County for violation of a protective order. As a result, decedent was arrested and booked into the Greene County Jail and then transferred to the Jasper County Jail on March 9, 2007.

On March 9, 2007, sometime after being booked into the Jasper County Jail, decedent was found dead in his cell. On March 9, 2010, exactly three years after decedent's death, Stephens³ filed a “Petition for Damages for Wrongful Death” (“petition”) naming and describing the following defendants:

3. Sheriff W. Archie Dunn ... was the Sheriff of Jasper County ... on March 9, 2007 and is currently the Sheriff

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of Jasper County, Missouri. Dunn was responsible for the safety of inmates in the Jasper County Jail and ... holding cells on March 9, 2007 and before.

4. Sheriff Jack L. Merritt ... was the Sheriff of Greene County ... on March 9, 2007. Merritt was responsible for the safety of inmates in the Greene County Jail and ... holding cells on March 9, 2007 and before.

5. C.E. Wells ... is the former Jail Administrator of the Greene County Jail. Wells was responsible for the safety of inmates in the Greene County Jail and ... holding cells on March 9, 2007 and before.

6. Gerald Tuck (“Tuck”) is the former Jail Administrator of the Jasper County Jail. Tuck was responsible for the safety of inmates in the Jasper County Jail and ... holding cells on March 9, 2007 and before.

7. In the alternative to paragraph 6 above, John Doe I is the former Jail Administrator of the Jasper County Jail. John Doe I was responsible for the safety of inmates in the Jasper County Jail and ... holding cells on March 9, 2007 and before.

8. John Doe II was the former Greene County ... employee who oversaw the transfer of decedent to Jasper County officials ... on March 9, 2007.

9. John Doe III was the former Jasper County ... employee who took transfer of decedent from John Doe II when [decedent] was transferred from Greene County ... on March 9, 2007.

10. John Doe IV, was the former Jasper County ... employee whose responsibility it was to provide for, oversee and implement the policies of Jasper County ... concerning the safety of inmates in the county jail and ... holding cells on March 9, 2007.

11. John Doe V was the former Greene County ... employee whose responsibility it was to provide for, oversee and implement the policies of Greene County ... concerning the safety of inmates in the county jail and ... holding cells on March 9, 2007.

12. John B. Freitas, D.O. (“Freitas”), is a practicing Doctor of Osteopathy who administered drugs to decedent on March 9, 2007, causing and/or contributing to cause his death.

The petition alleged that decedent “had a history of a threat of suicidal hanging” and while incarcerated in the Greene County Jail, attempted to injure himself by “cutting his right wrist, threatened to commit suicide, and displayed signs of agitation, depression and anxiety.” As a result, decedent was placed on a “suicide watch” by “the Greene County, Missouri Sheriff's Department.”

The petition also alleged that none of the defendants (excluding Freitas) informed the “proper authorities” upon transfer to Jasper County, of decedent's mental and emotional condition as exhibited while in the Greene County Jail. Stephens' petition further stated that decedent “continued to display severe mental and emotional distress” while in the custody of Jasper County and Freitas was “summoned” to the jail.⁴ Later that day, decedent was found dead in his cell after “tying [a bed sheet] to his bunk then securing it to his neck and transferring his

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weight onto his neck until he passed out and died.”

The petition further alleged:

25. Knowing of [decedent]'s medical needs, defendants and each of them demonstrated deliberate indifference and reckless disregard of [decedent]'s medical needs, psychological needs and other needs which required attention, which the defendants and each of them had the duty to provide. Said conduct is also evidence of gross negligence, willful misconduct, bad faith, and malice toward [decedent].

26. Defendants and each of them, demonstrated evidence of gross negligence, willful misconduct, bad faith, and malice toward [decedent] by not providing continuous observations of the [decedent].

27. As a direct and proximate cause of the conduct of the defendants and each of them, [Stephens] was caused to sustain damages including funeral expenses and the loss of the services, companionship, comfort, instruction, guidance, counsel, training, and support that she would have received from [decedent] had he not died due to the reckless acts of the defendants as stated herein. In addition, [Stephens] seeks damages for the pain and suffering of [decedent] due to the acts of defendants in not properly providing supervision of him while he had known suicidal tendencies.

28. Due to the aggravating circumstances attending decedent's death, [Stephens] seeks punitive damages against defendants and each of them.

29. Defendants and each of them owed a duty to decedent to provide for his safety as follows:

• not allowing decedent to be left alone at any time;

• providing and/or arranging for medical attention to the decedent;

• providing and/or arranging for psychological attention to decedent;

• ensuring that decedent was not administered drugs which were contraindicated given his then-current medications, his mental health, his emotional stability and/or his suicidal ideations ;

• providing a safe environment for the decedent in which his mental and emotional conditions would not allow him to do harm to himself;

• providing decedent a “safe room” pending his disposition in court such that decedent would not have at his fingertips the means to kill himself; and

• providing continuous observation of decedent, 24/7.

30. Defendants and each of them breached their aforesaid duties to decedent, which proximately caused damages to [Stephens].

Although the petition was filed on March 9, 2010, summonses in the case were not requested until August 12, 2011, more than a year after the petition was filed.⁵ Following service of process, both

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Sheriff Dunn and Sheriff Merritt filed a “Motion to Dismiss” and suggestions in support in September 2011. Wells also filed a “Motion to Dismiss” and suggestions in support on January 19, 2012. These motions to dismiss alleged Stephens' petition “fails to state a claim upon which relief may be granted.” Stephens filed suggestions in opposition to the motions filed by Sheriff Dunn, Sheriff Merritt, and Wells.

In the meantime, “Affidavit[s] of Service” were filed on January 17, 2012, for Does I, III, and IV after delivering summonses and petitions to “Sgt Mauller” at the Jasper County Jail.⁶ On or about January 26, 2012, a “Motion to Dismiss or, in the Alternative, to Quash Purported Service of Process” was filed on behalf of Does I, III, and...