Wilson v. Jefferson Cnty., 4:18-CV-1957 CAS
| Court | United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri) |
| Parties | COURTNEY J. WILSON, Plaintiff, v. JEFFERSON COUNTY, et al., Defendant. |
| Docket Number | No. 4:18-CV-1957 CAS,4:18-CV-1957 CAS |
| Decision Date | 02 October 2019 |
This matter is before the Court on a motion to dismiss plaintiff's Third Amended Complaint filed by defendant Jefferson County and defendants Oliver Boyer, Brock Bridges, and Tenesa Cash in their individual capacities.1 Plaintiff Courtney J. Wilson opposes the motion and it is fully briefed. For the following reasons, the defendants' motion to dismiss plaintiff's federal claims in Counts I, II, III, and IV will be granted. The Court declines to exercise supplemental jurisdiction over plaintiff's state law claims in Count V and VI and will dismiss those claims without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
Plaintiff Courtney J. Wilson brings this action pursuant to 42 U.S.C. § 1983 and Missouri law to recover damages arising from events concerning her arrest, detention, and incarceration after Jefferson County Sheriff's Office Deputy Brock Bridges responded to a domestic violence call at her house.
The Third Amended Complaint ("complaint") (Doc. 49) and the police report attached thereto and "incorporated [t]herein as if fully referenced" (Id. at 4, ¶ 16) (emphasis original) allege that on April 5, 2016, plaintiff returned to her home in Fenton, Missouri after having dinner with her mother and was physically assaulted by her then-husband, Charles DeGregorio, during a domestic dispute. Plaintiff sustained injuries in the assault including a concussion, bruising to her face and body, and a black eye. Plaintiff alleges her concussion, bruising, and black eye were visible. Despite plaintiff being the victim and having visible injuries, DeGregorio called 911 and claimed plaintiff attacked him and that she was intoxicated and belligerent.
Defendant Bridges responded to the 911 call and spoke with DeGregorio first. Bridges later drafted the police report attached to the complaint. The report states that DeGregorio told Bridges plaintiff came home intoxicated and states in pertinent part as follows:
Complaint, Ex. 1 (Doc. 49-1). DeGregorio voluntarily wrote a Domestic Violence Report containing his version of the events. Id.
The complaint alleges DeGregorio had no injuries to substantiate his claim that he was a victim of domestic violence, only redness in both cheeks as noted in the police report. Bridges did not administer a field sobriety test or make any other assessment of plaintiff's sobriety to substantiate DeGregorio's allegation that she was intoxicated but checked the "alcohol" box for plaintiff in the police report under "Conditions Observed." In addition, the Sheriff's Office Event Chronology log, which is incorporated by reference into the complaint, reflects that an officer notified the dispatcher that DeGregorio had hit plaintiff in the face. Despite these facts, Bridges arrested plaintiff for third-degree domestic assault, handcuffed her, and transported her to the Jefferson County Jail for a twelve-hour hold. Plaintiff alleges that by arresting her, Bridges violated her constitutional rights and Jefferson County Sheriff's Office custom and practice that calls for arresting both parties to a domestic violence incident or neither.
The complaint alleges that Bridges observed plaintiff's disorientation, confusion, and black eye, and the seriousness of her injuries should have been apparent to a trained peace officer. Plaintiff repeatedly requested medical assistance from Bridges during the half-hour trip from plaintiff's home to the jail, but Bridges did not transport her to a medical facility for treatment and obtain a release signed by competent medical authority as required by Sheriff's Office policy No. 100.126.2 (complaint, Ex. 3). In addition, Bridges improperly applied handcuffs to plaintiff'swrists causing bruising and tissue damage and did not check the handcuffs for fit after placing them on her, resulting in further pain and bruising to plaintiff's wrists.
During booking and inmate intake processing at the Jefferson County jail, plaintiff repeatedly requested medical assistance from defendant corrections officer Tenesa Cash. Under Sheriff's Office policy No. 100.126.1 (complaint, Ex. 4), "[n]o prisoner shall be booked into the holding facility or otherwise held for interrogation or other purposes that has injuries or illnesses that require hospitalization or attention of a health care professional." (Id. § 4.a.) The arresting deputy or sworn supervisor is responsible for transporting the prisoner to a medical care facility before placing them in holdover or detention if it is unclear whether the prisoner is fit for confinement. (Id. § 4.b.) Defendant Cash was responsible for directing Bridges to obtain medical attention for plaintiff before booking and processing but she failed to do so.
During plaintiff's incarceration at the Jefferson County jail she was suffering from headaches, vertigo, nausea, and disorientation from the concussion caused by DeGregorio. No jail staff member called for the facility nurse or took other steps to provide plaintiff with medical assistance despite her repeated requests. Plaintiff repeatedly asked for medical care by using the in-cell intercom to request medical assistance from jail staff. After several attempts by plaintiff to use the in-cell intercom, defendant Cash responded to one of plaintiff's calls. Plaintiff requested medical attention and told Cash that "she may have a concussion" from DeGregorio hitting her. Cash responded, "Can you even afford to see a doctor?" and failed or refused to answer any more of plaintiff's intercom calls.
Plaintiff was released from the Jefferson County jail the next morning at approximately 11:00 a.m. and went to the St. Clare Health Center Emergency Department. Medical staff examined her and determined that plaintiff had suffered from an assault resulting in a concussion, facial contusions, and body contusions. After plaintiff was discharged from the EmergencyRoom, she went to the Jefferson County Sheriff's Office to submit a statement relating to the alleged domestic assault complaint filed by DeGregorio, as Bridges did not take plaintiff's statement during the initial encounter. The Sheriff's Office advised plaintiff that because DeGregorio had filed a criminal complaint against her, she was ineligible to submit her own complaint or attach her own statement to the previously filed report.
Plaintiff alleges she lost her employment as a result of the unlawful arrest and, as a result of Bridges and Cash's failure to obtain medical care for her, she suffered long-term brain damage including post-concussion syndrome, post-traumatic stress disorder ("PTSD"), anxiety disorder, panic attacks, worsened major depressive disorder, increased trouble sleeping because of PTSD, short-term memory loss, and after the incident was diagnosed with bipolar disorder. Plaintiff also developed a crippling fear and mistrust of law enforcement as a result of the incident.
Plaintiff alleges that the Jefferson County Sheriff's Office under the leadership of defendant former Sheriff Oliver Boyer has a history and custom of wrongfully arresting victims of domestic violence, allowing perpetrator to walk free and causing criminal prosecution of battered women on behalf of their abusers, citing Paula Strahan v. Jefferson County, No. 4:97-cv-00307.
The complaint asserts 42 U.S.C. § 1983 claims against Bridges, Boyer, Cash, and Jefferson County. Count I asserts a Fourth and Fourteenth Amendment claim against Bridges for unreasonable seizure/arrest and use of excess force; Counts II...
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