Waldrop v. Evans

• Decision Date: 15 March 1988
• Docket Number: Civ. No. 86-203-2-MAC(DF).
• Parties: Don WALDROP, et al., Plaintiff, v. David C. EVANS, et al., Defendants.
• Court: U.S. District Court — Middle District of Georgia

681 F. Supp. 840

Don WALDROP, et al., Plaintiff, v. David C. EVANS, et al., Defendants.

Civ. No. 86-203-2-MAC(DF).

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

March 15, 1988.

Charles A. Gower, Columbus, Ga., for plaintiff.

Michael E. Hobbs, Asst. Atty. Gen., Atlanta, Ga., Joseph H. Chambless and Emmitt H. Griggs, Ashley Royal and Jerry A. Lumley, Macon, Ga., for defendants.

FITZPATRICK, District Judge.

Plaintiffs brought the above-referenced action under 42 U.S.C. § 1983 as the parents and guardians of their mentally-ill son, Timothy Waldrop. Plaintiffs seek to recover for the self-inflicted injuries their son suffered while confined in the State prison system. Plaintiffs allege in Count I of their Complaint that Defendants violated their son's eighth amendment right against cruel and unusual punishment by acting in a manner that was deliberately indifferent to his psychiatric needs. Plaintiffs assert two pendent state claims in Counts II and III of the Complaint. Those Defendants remaining in the case have moved for partial summary judgment on Count I claiming first, that Plaintiffs have failed to show that any Defendant was deliberately indifferent to their son's medical needs, and second, that even if Plaintiffs have made such a showing, each Defendant is insulated from suit by the doctrine of qualified immunity.¹ The court heard oral argument on Defendants' motions on January 6, 1988. The court's findings of fact and conclusions of law as to each Defendant are set forth below.²

I. BACKGROUND

Timothy Waldrop, now twenty-eight years old, has been suffering from a mental illness for several years. In 1979, when Waldrop first began showing signs of this illness, his parents took him to a hospital where he was diagnosed as being manic depressive. Dr. William G. Slaughter has treated Waldrop since 1980. Although Waldrop's illness required him to be hospitalized on some occasions, generally the illness could be controlled with the proper medications.

In early March of 1984, Waldrop robbed a convenience store near his home in Whigham, Georgia. Following his arrest, Waldrop was taken to a hospital instead of to the county jail. During Waldrop's thirty day stay in the hospital, Dr. Slaughter was able to stabilize him on Haldol, Cogentin, and Lithium.³ Upon his discharge from the hospital, Waldrop was sent to the Grady County Jail.

Waldrop was in the county jail for six months. During this time, Dr. Slaughter continued to treat Waldrop on a weekly basis. At one time during the six months, Waldrop began cutting his forearm with fingernail clippers. He was hospitalized and again diagnosed as being manic depressive. Following a brief stay in the hospital, Waldrop returned to the county jail. At the time of his return, Waldrop was taking Haldol, Cogentin, Lithium, and Inderal to control his manic depression.

After spending six months in the Grady County Jail, Waldrop pleaded guilty but mentally ill to the armed robbery charge. He was sentenced to a prison term of twenty years with five years to serve. Realizing that Waldrop would be entering the State prison system, Waldrop's lawyer requested that Dr. Slaughter write a letter explaining Waldrop's illness and setting forth the medications being used to control the illness. This letter was sent to officials at the Georgia Diagnostic and Classifications Center (GDCC) in Jackson, Georgia where Waldrop was to begin serving his sentence. In addition to the letter, GDCC officials received a form stating that Waldrop had been diagnosed as manic depressive and was being treated with certain medications for his illness.

Waldrop arrived at GDCC on October 15, 1984. That same day Dr. R.T. Oliver, the physician in charge of medical services at GDCC, made a notation in Waldrop's medical file that he had seen the letter from Dr. Slaughter. Dr. Oliver recommended that Waldrop remain on his medication until seen by Dr. Frank Fodor, a consulting psychiatrist who treats prisoners at GDCC for the Georgia Department of Corrections.

On October 18, 1984 Dr. Fodor saw Waldrop for approximately thirty minutes. Dr. Fodor read Dr. Slaughter's letter which was in Waldrop's medical file and conducted a mental status examination of Waldrop. After the examination, Dr. Fodor concluded that Waldrop's psychiatric illness was in good remission. Dr. Fodor then recommended that Waldrop be taken off all his medication.

Waldrop was seen by Dr. T.G. Smith, a staff physician at GDCC, on October 22, 1984. Waldrop had been complaining of nausea, nightmares, and insomnia. Dr. Smith recommended that Waldrop be seen by Dr. Fodor during Dr. Fodor's next visit to GDCC. Dr. Fodor saw Waldrop on October 27, 1984, and spent approximately ten minutes interviewing Waldrop. Dr. Fodor did not put Waldrop back on any of his medications following the October 27th meeting.

On November 1, 1984, approximately two weeks after he had been taken off his medications, Waldrop cut his forearm. Dr. Smith treated and sutured Waldrop's arm. When testifying as to why he thought Waldrop had cut his arm, Dr. Smith stated that the act was an attention-getting device. Deposition of Dr. Smith, pp. 17, 20.

Four days after he had cut his arm, Waldrop gouged his left eye out of its socket. The officers who found Waldrop in his cell brought Waldrop to Dr. Smith. Dr. Smith treated Waldrop on an emergency basis and then decided that Waldrop should be sent to the Griffin-Spalding County Hospital for further treatment. Dr. Smith testified at his deposition that like Waldrop's previous complaints, the forearm laceration was Waldrop's way of getting some attention. Id. at pp. 19-20.

When Waldrop returned from the emergency room in Griffin, he was placed in the infirmary and seen by Dr. R.G. Feaster, another staff physician at GDCC. Dr. Feaster placed Waldrop in restraints and began him on Haldol upon instructions from Dr. Oliver. Dr. Smith saw Waldrop the next day. Waldrop was thrashing about on his bed and was refusing to eat or take his medication. Dr. Smith consulted with Dr. Oliver, and they decided that Waldrop should be placed on a daily dosage of Haldol and Cogentin.

Dr. Fodor saw Waldrop again on November 8, 1984 during a regular visit to Jackson. Waldrop appeared cooperative, relevant, and coherent at the time, and denied any suicidal ideation. Dr. Fodor agreed with the decision of Dr. Oliver and Dr. Smith to start Waldrop back on Haldol and Cogentin. Waldrop, however, was not started back on Lithium, the drug of choice for the treatment of manic depression. Dr. Fodor saw Waldrop a week later on November 15, 1984. Waldrop appeared to be relevant, coherent, and cooperative. Waldrop showed no signs of disorganized thinking and denied having any hallucinatory experiences. Dr. Fodor concluded that the Haldol was adequately stabilizing Waldrop at that time.

Waldrop was transferred to the Augusta Correctional and Medical Institution (ACMI) on November 21, 1984 for further treatment of his left eye. Upon Waldrop's arrival in Augusta, Mitchell Sowell, ACMI's mental health team leader, assigned Waldrop to the maximum security unit 3-B. Ward 3-B has fifteen open front cells with glass windows and doors. The inmates in ward 3-B do not receive shaving razors. In the center of this unit is a control booth manned by a correctional officer who has the capability of seeing into each of the fifteen cells. Sowell had been contacted by Mike Hitchcock, a behavior specialist at GDCC, concerning Waldrop's transfer. Hitchcock had informed Sowell of Waldrop's self-mutilatory act, and this information led to Sowell's decision to assign Waldrop to ward 3-B.

Sowell saw Waldrop on November 26, 1984 and approximately every day thereafter. Waldrop also was seen on several occasions by Billy Garrison, a senior counselor at the ACMI. Garrison saw Waldrop on November 27, 1984 and again on November 29, 1984. Both times Waldrop seemed to be doing well. On December 3, 1984, however, Garrison discovered that Waldrop had failed to take his last three dosages of medication. Garrison took this medication to Sowell for a follow-up. At this time Waldrop had been reassigned to ward 2-B, which is similar to ward 3-B but less secure. Sowell made the decision to reassign Waldrop so that he would have more time outside his cell, and so that he could be around other inmates.

Also on December 3, 1984, Waldrop was seen by Dr. Charles Meyer, a consulting psychiatrist at ACMI. Dr. Meyer concluded that Waldrop was not at that time acutely suicidal or experiencing feelings or thoughts of further self-mutilization. Dr. Meyer recommended that Waldrop continue taking Haldol and Cogentin, and further recommended that the psychiatric consultant staff at ACMI follow Waldrop closely.

Sowell visited Waldrop again on December 4, 1984. At this meeting Waldrop admitted being depressed and told Sowell that he did not feel like other people. When Sowell visited Waldrop the next day, Waldrop said he did not deserve to live because of some things he had done in the past. Sowell also noticed that Waldrop had lost weight since he had been at ACMI. On December 5, 1984 Sowell informed Dr. Henry Robinson, the medical director at ACMI, of Waldrop's weight loss. Robinson referred Waldrop to an internist who was unable to pinpoint a medical reason for Waldrop's weight loss.

At 11:30 a.m. on December 6, 1984, Garrison met with Waldrop and noted that Waldrop seemed more depressed than in previous sessions. Waldrop expressed fears of being alone and informed Garrison that he had these same fears just prior to the incident involving his left eye. Garrison consulted with Sowell following this meeting and informed Sowell that Waldrop may have some behavioral problems. Sowell then met with Waldrop and concluded that Waldrop seemed depressed, but no more so than during previous meetings.

Later in the afternoon of December 6th, Waldrop used a razor blade from a disposable razor he...