SWAN BY CARELLO v. Daniels

• Decision Date: 28 June 1995
• Docket Number: Civil Action No. 94-221.
• Parties: Robert J. SWAN, Jr., by his next friend Matilda CARELLO, Matilda Carello on her own behalf and Ralph P. Carello, Jr., Plaintiffs, v. Aubrey DANIELS, ARA Health Services, a corporation of the State of Delaware, George Martino, William L. Hoosier, Bradley Lee, and Annette M. Newman, Defendants.
• Court: U.S. District Court — District of Delaware

923 F. Supp. 626

Robert J. SWAN, Jr., by his next friend Matilda CARELLO, Matilda Carello on her own behalf and Ralph P. Carello, Jr., Plaintiffs, v. Aubrey DANIELS, ARA Health Services, a corporation of the State of Delaware, George Martino, William L. Hoosier, Bradley Lee, and Annette M. Newman, Defendants.

Civil Action No. 94-221.

United States District Court, D. Delaware.

June 28, 1995.

COPYRIGHT MATERIAL OMITTED

Douglas A. Shachtman, Douglas A. Shachtman & Associates, Wilmington, Delaware, for plaintiffs.

William W. Erhart, Wilmington, Delaware, for defendant Aubrey Daniels.

Michael I. Silverman, Tybout, Redfearn & Pell, Wilmington, Delaware, for defendant ARA Health Services.

Gregg E. Wilson, and J. Brendan O'Neil, Delaware Department of Justice, Wilmington, Delaware, for defendants George Martino, Bradley Lee, and William L. Hoosier.

Christopher J. Curtin, Sawyer & Akin, P.A., Wilmington, Delaware, for defendant Annette M. Newman.

OPINION

McKELVIE, District Judge.

This is a civil rights case. Robert Swan is a citizen of the State of Delaware. Matilda and Ralph Carello are Swan's mother and stepfather. On June 3, 1992, Swan attempted to commit suicide while detained at the Delaware Multi-Purpose Criminal Justice Facility, known as Gander Hill prison, in Wilmington, Delaware. In a complaint and amended complaint filed April 29, and June 3, 1994, respectively, Robert Swan, through Matilda and Ralph Carello, alleges defendants have violated his rights under the Eighth and Fourteenth Amendments by disregarding his serious medical needs and by failing to prevent his attempted suicide. In addition, plaintiffs assert claims for negligence and intentional infliction of emotional distress.

Defendants Aubrey Daniels and Annette Newman are correctional officers assigned to the infirmary at Gander Hill and on duty during the time of Swan's attempted suicide. ARA Health Services, Inc. ("ARA") is a corporation which had contracted with the Delaware Department of Corrections under the name Correctional Medical Services ("CMS") to provide medical and mental health services to prisoners at Gander Hill. At the times relevant to this suit, George Martino was the deputy warden, Bradley Lee was a correctional captain, and William Hoosier was a correctional staff lieutenant at Gander Hill. Each defendant denies that he or she violated plaintiffs' rights, and has moved for a summary judgment on all the claims in plaintiffs' complaint. This is the court's decision on defendants' motions.

FACTUAL BACKGROUND

The facts set forth below are culled from the papers, affidavits, and documents submitted by the parties in support of their motions, including the following materials: arrest report and commitment records of Robert Swan; Gander Hill receiving screening form; CMS medical progress notes; infirmary log book; investigative incident reports, internal memos, and hearing reports regarding Swan's attempted suicide; Department of Correction standard operating procedures; National Commission on Correctional Health Care prison operating procedures; CMS services contract with the Delaware Department of Correction; photographs of Gander Hill infirmary; partial deposition transcripts of Aubrey Daniels, Annette Newman, Brian Greenwell, George Martino, Matilda Carello; affidavit of Annette Newman. These facts are undisputed unless otherwise indicated.

On May 31, 1992, Robert Swan was arrested on charges of second degree assault and criminal impersonation. He was taken to Gander Hill prison and held there in lieu of $12,500 bond. At Gander Hill, Swan was brought to the booking and receiving area for intake purposes, where he was issued prison clothing and bedding, and was given an initial medical screening conducted by Nurse Jacqueline Saller. Questions 9 and 10 on the screening form ask: "Have you ever tried to kill yourself?" and "Are you thinking of killing yourself?" Swan answered "no" to both of these questions.

The next day, June 1, 1992, Swan was denied bail. Swan then called his mother, Matilda Carello, and informed her that he was not given bail and that he was going to kill himself. Carello immediately called Gander Hill to report her son's threat to commit suicide and was referred to the CMS Director of Mental Health, Kevin Free. Free directed prison personnel to bring Swan to the infirmary where CMS Mental Health Worker Sarah Marvian evaluated him. During this interview, Swan reported to Marvian that he had tried to kill himself about a year before, and she noted that he appeared "hopeless" as to his legal situation and "agitated and angry" regarding the incident that led to his arrest. Marvian consulted Dr. Antonio Sacre, a psychiatrist working for CMS, concerning her evaluation of Swan, and Sacre ordered that Swan be admitted to the infirmary and placed on full suicide status.

At approximately 4 p.m., CMS Nurse Arthur Zimmerman admitted Swan to the infirmary. In accordance with Gander Hill suicide prevention procedures, Swan was stripped of all his clothing and personal belongings except his underwear, and he was given a blanket without a nylon border. He was also scheduled to be checked on by prison personnel every 15 minutes.

After admitting Swan to the infirmary, Nurse Zimmerman assigned him to room number 198. This is a single person cell with a window on the back wall measuring approximately 7" by 4' with a metal bar running down the center and a narrow window in the door approximately 3" by 12". The room has no bed frame or mattress, nor any protrusions other than a combined sink and toilet. In addition to other cells similar to 198, the infirmary has two "Ram rooms," which are used to house both suicidal inmates and those who pose extreme security problems. These rooms have the same window and metal bar on the back wall, but have a 3' by 4' plexiglass window cut in the front wall, which allows better visibility into the room. In addition, these rooms do not contain a combined toilet/sink unit. The Gander Hill infirmary itself is a U-shaped room, with prisoner cells lining the outer edge, surrounding an interior, security module or control booth in the center. Correctional officers are stationed in this security booth, which contains the electric switches for opening doors and controlling access to the entire infirmary module.

Progress notes maintained by the CMS medical staff at Gander Hill for June 1, 1992, indicate that staff physician Dr. James Thomas examined Swan sometime after Swan's admission to the infirmary. In addition, CMS Nurse Fayetta Roberts examined Swan at 10 o'clock that evening. After each evaluation, Swan remained on full suicide watch. On June 2, 1992, CMS nursing staff evaluated Swan five times: at 7 a.m., again a few hours later, at 11 a.m., 2 p.m., and 10 p.m. These medical personnel maintained Swan's full suicide status throughout the day.

On June 3, 1992, the day Swan attempted suicide, all of the correctional defendants were on duty during the 8 to 4 shift. Deputy Warden Martino was the acting warden at that time; he did not directly supervise the inmates or the infirmary, but instead delegated responsibility for the daily operations of the prison to his subordinates. Captain Lee was the shift commander and handled the administrative paperwork and arrangements for the shift. Staff Lieutenant Hoosier was the overall shift supervisor.

In addition, Officer Newman was the module control officer for the Gander Hill infirmary during the 8 to 4 shift. As such, Newman was responsible for operating the electronic switches in the control room and unlocking the cell and infirmary doors for authorized people such as medical staff, correctional officers, inmates, and visitors. This duty required that she remain in the security module for most of her shift. Newman was also charged with maintaining a log book to document the activities that occur on the module. In this book, Newman would record head counts, changes in cell assignments, persons who enter and leave the infirmary, and other events such as security checks, cell shakedowns, distribution of medications, distribution and collection of meals, and inmate showers and recreation periods. Finally, Newman's duties included answering the telephone and completing the paperwork necessary to admit or discharge an inmate from the infirmary.

On June 3, 1992, Officer Daniels was the roving "floor officer" assigned to the Gander Hill infirmary for the 8 to 4 shift. Daniels was responsible for patrolling the infirmary area outside the security module and performing physical checks on the inmates, such as security checks, random cell shakedowns, and suicide watch checks. In addition, he assisted the medical and correctional staff whenever a cell door needed to be opened for treatment, meals, recreation, etc.

The infirmary log book and medical progress notes provide a record of many of the events which occurred with regard to Robert Swan on June 3, 1992. At 7 a.m., Nurse Kamienski observed Swan in his cell and reported he was sleeping. Later that morning, Dr. Sacre examined Swan and continued his suicide watch. Officer Newman arrived at 7:58 a.m. to relieve the module control officer from the previous shift. During that debriefing, she was informed that there were five inmates, including Swan, on full suicide status, and she performed a security check of the entire area. At 8:10 a.m., Officer Daniels arrived on the infirmary floor to assume his duties. It appears from infirmary records that he performed his first security check at 9:03 a.m. At 9:43 a.m., all inmates on full suicide status were scheduled to receive recreation. Daniels states he asked Swan if he wanted to leave his cell at that time, and Swan answered that he did not. Daniels asserts also he spoke to Swan about how he was feeling and told him if he wanted to talk, he should tap on his door.

Officer Daniels performed another security check at 9:46 a.m., and Officer Newman...