Wackenhut Corrections Corp. v. De La Rosa
| Citation | 305 SW 3d 594 |
| Decision Date | 02 April 2009 |
| Docket Number | No. 13-06-00692-CV.,13-06-00692-CV. |
| Parties | WACKENHUT CORRECTIONS CORPORATION and Warden David Forrest, Appellants, v. Gregorio DE LA ROSA, Sr., et al., Appellees. |
| Court | Court of Appeals of Texas |
Reagan W. Simpson, H. Victor Thomas, King & Spalding, L.L.P., Houston, Russell H. McMains, Law Office of Russell H. McMains, Darrell L. Barger, David W. Green, Hartline, Dacus, Barger, Dreyer, Corpus Christi, David Oliveira, Roerig, Oliveira & Fisher, L.L.P., Brownsville, Bruce R. Garcia, Cole & Powell, P.C., Austin, for appellants.
Ronald Rodriguez, The Law Office of Ronald Rodriguez, PC, Laredo, Craig Smith, Corpus Christi, Gilberto Hinojosa, Magallanes & Hinojosa, Brownsville, for appellees.
Before Chief Justice VALDEZ and Justices GARZA and BENAVIDES.
This case involves the horrific and gruesome death of Gregorio de la Rosa, Jr. ("Gregorio"). Gregorio, an honorably discharged former National Guardsman, was serving a six-month sentence at a prison operated by Wackenhut Corrections Corporation for possession of less than 1/4 grams of cocaine. A few days before his expected release, Gregorio was beaten to death by two other inmates using a lock tied to a sock, while Wackenhut's officers stood by and watched and Wackenhut's wardens smirked and laughed.
Gregorio's estate and his family members1 (collectively "the family") brought survival and wrongful death claims against Wackenhut and its warden, David Forrest, alleging that they negligently caused Gregorio's death and acted with malice and gross negligence. Wackenhut also either lost or destroyed key evidence in this case, prompting the trial court to give a spoliation instruction. The jury found that Wackenhut and Warden Forrest were negligent and acted with gross negligence or malice, and it awarded actual damages to Gregorio's parents and children and punitive damages to Gregorio's estate. The trial court rendered judgment on the verdict, and it also awarded funeral and emergency medical services ("EMS") expenses to Gregorio's estate, though these were not awarded by the jury.
On appeal, Wackenhut and Warden Forrest (collectively "Wackenhut") raise twelve issues attacking nearly every facet of the judgment. We reverse and render judgment dismissing the claims of the estate of Gregorio's father, Gregorio de la Rosa, Sr. ("Gregorio, Sr."), for lack of subject-matter jurisdiction. We also reverse the trial court's award of $7,000 for funeral expenses to Gregorio's estate. However, we affirm the remainder of the judgment.
The family brought suit against Wackenhut after Gregorio was brutally attacked by two other inmates, resulting in his death, at the Wackenhut facility in Willacy County on April 26, 2001.2
The inmates at Wackenhut live in separate dormitories or "housing" facilities. A "crash gate" guards the walkway leading away from the housing facilities. The crash gate is made out of cyclone fencing material and is closed unless prisoners are passing through the gate. A guard is posted at the crash gate to monitor the prisoners passing through the gate.
On the crash gate's other side, in between the housing unit and the support building, is a 100-yard-long walkway known as the "bowling alley." It is a large sidewalk that is, for the most part, an open area with no buildings immediately adjacent to it. A chain-link fence runs along one side of the sidewalk. There are no guards posted along this walkway.
Wackenhut contracts with the State of Texas to operate the prison, and it is required to follow the State's policies in operating the prison. One such policy is the crash gate "post order," which, according to Warden Forrest, is an order that "gives the officer general guidelines and duties to go by in that particular area." Warden Forrest stated that the guard at the particular post should follow the post order. The crash gate post order stated, "The officer shall conduct pat-searches of inmates before permitting entrance or exit to or from any department within the area of responsibility." (Emphasis added). Warden Forrest testified that the purpose for searching inmates was to discover contraband, including weapons. The procedures are in place to safeguard the inmates.
Corrections Officer Raul Hernandez3 was stationed at the crash gate on April 26, 2001. Gregorio and several other inmates, including inmates Pedro Equia and Daniel Sanchez, passed out of their housing facility and through the crash gate on their way to the support building for "pill call."4 Officer Hernandez testified that he checked the inmates' "passes" to ensure they were allowed to leave the housing unit, but he admitted that he did not pat search Equia or Sanchez.5 Officer Hernandez stated that if he had searched the inmates, he would have found the lock.
After traveling about half the distance to the support building, Equia and Sanchez attacked Gregorio from behind. At least one of the two inmates possessed a lock tied to a sock and used this as a weapon, striking Gregorio on the head.6 Officer Hernandez testified that he saw one of the inmates hit Gregorio on the head with the sock, and Gregorio fell to the ground and did not fight back—he "didn't have a chance at all." While Gregorio crouched on the ground, Equia and Sanchez were kicking him, and blood was splattering on the ground.
Officer Juan Cortez, another Wackenhut corrections officer, testified that he was standing near the door next to Central Control7 waiting for inmates to arrive at the education department. He stated that he could see down the "bowling alley" all the way to the housing units through a glass window pane in the door. The officers inside Central Control could also see the "bowling alley" through glass windows. He stated that he saw inmates coming out of the housing unit and that he noticed that the crash gate officer did not pat-search them. He claimed that he knew something was "wrong" when he saw the inmates pass through the crash gate without being pat-searched.
Officer Cortez testified that he saw Gregorio walking down the "bowling alley," and two inmates came up from behind. He saw one inmate take out a sock, swing it, and hit Gregorio on the right side of his head. Gregorio then "bounced down to the floor." The inmate tried to hit Gregorio with the sock again while he was on the ground, and then both inmates began kicking him all over his body. Officer Cortez testified that Gregorio did not respond or fight back because the first hit with the sock knocked him out.8
Officer Cortez testified that the beating itself lasted fifteen to twenty minutes before officers arrived and halted the assault and that it took another hour and fifteen minutes for medical personnel to arrive, even though these medical personnel were employed by Wackenhut and were present at the facility at the time.9 Officer Cortez claimed that Warden Forrest and Assistant Warden Elberto Bravo first arrived approximately forty-five minutes later. He claimed that he saw Warden Forrest standing right inside the door next to Central Control laughing about the incident. Assistant Warden Bravo was also laughing, and another officer, Rodriguez, was smirking. Officer Cortez opined that many of Wackenhut's officers were corrupt. He believed the assault was a "hit" on Gregorio and that Wackenhut's employees knew it was going to happen.
Maria Juanita Marroquin testified she was formerly employed at Wackenhut and was present at the facility on April 26, 2001.10 Upon hearing the "code black" over the radio about the fight, she went to the door by Central Control. She saw Gregorio on the ground in the "bowling alley," and two inmates were beating him. One was swinging a sock at him.
She also stated that the beating lasted fifteen to twenty minutes.11 She opined that the actions taken would have been different if a guard was being assaulted and that Wackenhut did not value the inmates' lives. She also stated that she saw Assistant Warden Bravo smirking and laughing after the incident. She testified that Warden Forrest had a look on his face like "that's one less Mexican he had to worry about."
Warden Forrest testified that the inmates have a right to a safe facility, and the inmates depend on the wardens to ensure that a safe living environment is provided. He stated that the State promulgates the post order policies and mandates that Wackenhut follow them, and the procedures are imposed to safeguard the inmates. Warden Forrest acknowledged that he owes a duty and obligation to the inmates to follow all policies and procedures. He admitted that breach of the policies and procedures will jeopardize the unit's integrity and the inmates' security. Furthermore, he agreed that if Wackenhut failed to follow the State's procedures, the inmates can suffer serious injuries. He admitted that the best way to stop a beating is to prevent it from occurring in the first place.
Nevertheless, Wackenhut disputed the meaning of the crash gate post order at trial. All the witnesses agreed that the post order's plain language was mandatory—stating that the crash gate officer "shall" pat-search the inmates. However, Wackenhut's witnesses testified that only random searches were required at the crash gate because the order only applied when inmates were entering or exiting from a "department" within the officer's area of responsibility.
Warden Forrest testified that neither the housing unit nor the "bowling alley" were "departments." Thus, because Gregorio, Equia, and Sanchez were not entering or exiting a "department" within the crash gate officer's area of responsibility, the crash gate officer was not required to search every inmate. Major Steve Sangster, the head of security at the Wackenhut facility, testified that the officer working the crash gate was required to follow the crash gate post order. However, he...
To continue reading
Request your trial