Williams v. Bd. of Regents of the Univ. of N.M.

• Decision Date: 29 April 2014
• Docket Number: No. CIV 13–0479 JB/WPL.,CIV 13–0479 JB/WPL.
• Citation: 20 F.Supp.3d 1177
• Parties: Teddie WILLIAMS, Individually and as Parent and Next Friend of Rainan Samayoa; Rainan Samayoa, a Mentally Challenged Person; and Maria Contraras, Conservator & Guardian of Rainan Samayoa, Plaintiffs, v. BOARD OF REGENTS OF the UNIVERSITY OF NEW MEXICO, a body corporate of the State of New Mexico, for itself and its public operations including University of New Mexico Health Sciences Center and its components the University of New Mexico School of Medicine, University of New Mexico Hospital Behavioral Health Programs, University of New Mexico Psychiatric Center, Bernalillo County Metropolitan Detention Center, and Correctional Healthcare Companies, Inc., a foreign corporation, Defendants.
• Court: U.S. District Court — District of New Mexico

20 F.Supp.3d 1177

Teddie WILLIAMS, Individually and as Parent and Next Friend of Rainan Samayoa; Rainan Samayoa, a Mentally Challenged Person; and Maria Contraras, Conservator & Guardian of Rainan Samayoa, Plaintiffs

v.BOARD OF REGENTS OF the UNIVERSITY OF NEW MEXICO, a body corporate of the State of New Mexico, for itself and its public operations including University of New Mexico Health Sciences Center and its components the University of New Mexico School of Medicine, University of New Mexico Hospital Behavioral Health Programs, University of New Mexico Psychiatric Center, Bernalillo County Metropolitan Detention Center, and Correctional Healthcare Companies, Inc., a foreign corporation, Defendants.

No. CIV 13–0479 JB/WPL.

United States District Court, D. New Mexico.

Filed April 29, 2014.

Elias Barela, Los Lunas, NM, for the Plaintiffs.

Henry F. Narvaez, Bryan C. Garcia, Narvaez Law Firm, P.A., Albuquerque, NM, for Defendants Board of Regents of the University of New Mexico, University of New Mexico Health Sciences Center, University of New Mexico School of Medicine, University of New Mexico Hospital Behavioral Health Programs, and the University of New Mexico Psychiatric Center.

Carlos M. Quinones, Quinones Law Firm, Santa Fe, NM, for Defendant Bernalillo County Metropolitan Detention Center.

Alfred A. Park, Lawrence M. Marcus, Park & Associates, LLC, Albuquerque, NM, for Defendant Correctional Healthcare Companies, Inc.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant the Board of County Commissioners of the County of Bernalillo's Motion to Dismiss Plaintiffs' Claims Against Bernalillo County Metropolitan Detention Center, filed January 3, 2014 (Doc. 48)(“MTD”). The Court held a hearing on February 12, 2014. The primary issues are: (i) whether Defendant Board of County Commissioners of the County of Bernalillo¹ (“Bernalillo County”) has waived its sovereign immunity with respect to claims of simple negligence; (ii) whether Bernalillo County has waived its sovereign immunity with respect to claims of negligent classification or placement; and (iii) whether Bernalillo County has waived its sovereign immunity with respect to claims of negligent supervision. After examining the waivers of immunity in the New Mexico Tort Claims Act, N.M. Stat. Ann. §§ 41–4–1 to –30 (“NMTCA”), the Court concludes that none of these claims fall within the enumerated waivers, and Bernalillo County is entitled to immunity with respect to all of the Plaintiffs' remaining claims. For that reason, the Court grants the MTD in its entirety, dismisses all claims against Bernalillo County with prejudice, and terminates Bernalillo County from the case.

FACTUAL BACKGROUND

The Court takes its facts from the Second Amended Complaint for Damages and Medical Negligence, filed November 26, 2013 (Doc. 30)(“SAC”). In 2010, Plaintiff Rainan Samayoa was twenty-five years old and “already had a very significant psychiatric history including a traumatic brain injury

.” SAC ¶ 13, at 3. On July 3, 2010, Plaintiff Teddie Williams, Samayoa's mother, took Samayoa to the University of New Mexico Psychiatric Center emergency services, because he had symptoms of disorganized behavior; he was admitted to the University of New Mexico Hospital Behavioral Health Programs and discharged on August 2, 2010. See SAC ¶¶ 14, at 3. During his stay at the UNM Hospital Behavioral Health Programs and subsequent visits through February 8, 2011, Samayoa was diagnosed with chronic schizophrenia

, paranoid ideation, intermittent explosive disorder, auditory hallucinations, post-traumatic stress disorder, borderline intellectual disorder, and traumatic brain injury. See SAC ¶ 15, at 3–4. When he was released from the UNM Hospital Behavioral Health Programs, his “mental condition had stabilized to the point he could hold meaningful conversations with his mother, Plaintiff Williams. He could function mentally within limitations and was not a harm to himself or others.” SAC ¶ 16, at 4.

On January 19, 2011, Samayoa exhibited “psychiatric behavioral problems including disorientation, confusion, depression and aggression” while he was at Valencia Counseling in Los Lunas, New Mexico; he was transported to the UNM Psychiatric Center emergency services. SAC ¶ 17, at 4. The UNM Hospital Behavioral Health Programs staff evaluated Samayoa and determined that he should be admitted for safety and stabilization; Samayoa was admitted involuntarily. See SAC ¶ 18, at 4. “A few minutes later, Plaintiff Samayoa allegedly assaulted two staff members. Instead of treating his conduct which was consistent with his mental disorder, staff involved the UNM Police Department and ultimately had Plaintiff Samayoa discharged to the custody of the Albuquerque[, New Mexico,] Police Department....” SAC ¶ 19, at 4. While he was incarcerated, Samayoa was not given his psychotropic medications, “even though [Defendants Correctional Healthcare Companies, Inc. and Bernalillo County Metropolitan Detention Center (“BCMDC”) ] staff were aware he was very ill and had been on suicide watch at [the UNM Hospital Behavioral Health Programs].”² SAC ¶¶ 21, at 4–5. Samayoa was incarcerated until January 26, 2011, and then transported back to the UNM Hospital Behavioral Health Programs. See SAC ¶ 20, at 4.

On February 5, 2011, Samayoa called 911, stating that he wanted to kill himself; the Belen, New Mexico, Police Department took Samayoa to the UNM Psychiatric Center³ emergency services. See SAC ¶ 23, at 5. The UNM Hospital Behavioral Health Programs evaluated Samayoa after he spent about fifty-two hours in the emergency services and determined that “his actions were inappropriate, that he had become progressively worse since incarceration and planned to transfer him from [the UNM Psychiatric Center] emergency services to [the UNM Hospital Behavioral Health Programs] as soon as a bed was available for him (in-patient care).” SAC ¶ 24, at 5. On February 8, 2011, the UNM Hospital Behavioral Health Programs had a unit available, “but instead, transported [Samayoa] to Mesilla Valley Hospital in Las Cruces, New Mexico, without Plaintiff Williams' consent and against her wishes.” SAC ¶ 25, at 5. The Mesilla Valley Hospital assessed that Samayoa was a danger to himself and others, and diagnosed him with a psychotic disorder

and a traumatic brain injury. See SAC ¶ 26, at 5. Samayoa stayed at Mesilla Valley Hospital until February 24, 2011, and was then transferred to New Mexico Behavioral Health in Las Vegas, New Mexico, where he stayed until he was discharged on April 21, 2011, and ultimately diagnosed with intermittent explosive disorder, psychotic disorder, and a traumatic brain injury. See SAC ¶¶ 26–27, at 5–6. After these events, Samayoa “has not regained enough mental stability to hold any degree of meaningful conversations with his mother, Plaintiff Williams, or anyone else. He has remained in a volatile mental state and is periodically dangerous to himself and to others.” SAC ¶ 28, at 6.

PROCEDURAL BACKGROUND

The Plaintiffs allege six claims in the SAC: (i) a claim of medical negligence, in which Bernalillo County is clearly not named, see SAC ¶¶ 33–37, at 6–7 (not mentioning Bernalillo County or “BCMDC,” the acronym the Plaintiffs use for Bernalillo County in their briefing); (ii) a claim of negligence per se for failure to comply with the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, in which Bernalillo County is clearly not named, see SAC ¶¶ 38–43, at 7–8 (not mentioning BCMDC); (iii) a claim of negligence, in which Bernalillo County appears to be named, see SAC ¶¶ 44–48, at 8 (alleging that Bernalillo County “w[as] under a duty,” “did nothing,” “w[as] negligent,” and “w[as] the cause of injuries and damages”); (iv) a claim of intentional infliction of emotional distress, in which Bernalillo County appears to be named, see SAC ¶¶ 49–53, at 8–9 (alleging that Bernalillo County's “conduct ... was extreme and outrageous,” “[t]hey acted intentionally and recklessly,” and “[a]s a result of the[ir] conduct ... Plaintiffs experienced severe emotional distress causing injuries and damages”); (v) a claim of negligent infliction of emotional distress, in which Bernalillo County appears to be named, see SAC ¶¶ 54–58, at 9–11 (making identical allegations as the claim of intentional infliction of emotional distress with respect to Bernalillo County); and (vi) a claim for loss of consortium, in which Bernalillo County appears to be named, see SAC ¶¶ 59–64, at 11 (alleging that Bernalillo County “caused repeated injuries to Plaintiff Samayoa's mental state and stability through [its] actions or failures to act to the point he lost the ability to communicate rationally with his own mother”).

1. Bernalillo County Files the MTD.

Bernalillo County filed the MTD arguing for the dismissal of the four claims (claims three through six) in which Bernalillo County believes it is named. See MTD at 4–9. After outlining the rule 12(b)(6) standard, see MTD at 3–4 (citing Fed.R.Civ.P. 12(b)(6) ), Bernalillo County focuses all its arguments on the NMTCA, contending that “ ‘[t]he right to sue state defendants is limited to those rights and conditions expressly presented in the [Tort Claims] Act,’ ” MTD at 4 (second alteration in original)(quoting Begay v. State, 104 N.M. 483, 487, 723 P.2d 252, 256 (Ct.App.1985), rev'd on other grounds, 104 N.M. 375, 721 P.2d 1306 (1986) ). Bernalillo County argues that none of the Plaintiffs' claims fit into any of the waivers of sovereign immunity enumerated in the statute, and, thus, the Court must dismiss them all. Bernalillo County analyzes the claims under N.M. Stat. Ann. § 41–4–12, which applies to law enforcement officers. It argues that Metropolitan Detention Center officers

are considered “law enforcement officers” under this Section as, under New Mexico law, a correctional officer at a detention center in which inmates are primarily

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