Abbey v. Herring

598 F.Supp.3d 572

The ESTATE OF Christopher ABBEY and Danielle Thompson in her capacity as the Personal Representative of the Estate of Christopher Abbey, Plaintiff,

v.Diana HERRING, et al., Defendants.

Case No. 20-cv-12798

United States District Court, E.D. Michigan, Southern Division.

Signed April 12, 2022

Ayanna D. Hatchett, Madeline M. Sinkovich, Johnson Law PLC, Detroit, MI, Solomon M. Radner, Radner Law Group, PLLC, Southfield, MI, for Plaintiff.

John L. Thurber, MI Dept. of Atty Gen, MDOC Division, Lansing, MI, Keith Clark, Attorney General's Office, Lansing, MI, for Defendants Diana Hering, John Purdom, Larry Chester, Paula Burbary, Dale Holcomb, Chad Wieber, Max Abelman.

Devlin K. Scarber, Jeffrey Bomber, Ronald W. Chapman, Chapman Law Group, Troy, MI, for Defendants Surjit Dinsa, Quality Correctional Care of Michigan, P.C., Corizon Health Inc.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART CORIZON DEFENDANTS’ MOTION TO DISMISS (ECF NO. 45)

GERSHWIN A. DRAIN, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

On October 16, 2021, Plaintiff the Estate of Christopher Abbey and Danielle Thompson, in her capacity as the Personal Representative of the Estate of Christopher Abbey ("Plaintiff"), filed the instant civil rights action on behalf of Christopher Abbey, a deceased former inmate in the Michigan Department of Corrections ("MDOC"). Am. Compl., ECF No. 33. Plaintiff brings a single claim for violations of 42 U.S.C. § 1983 and the Eighth Amendment¹ against MDOC employees Diana Herring, John Purdom, Larry Chester, Paula Burbary, Dale Holcomb, Zia Kahn, Chad Wieber, and Max Abelman as well as MDOC contractors Quality Correctional Care of Michigan, P.C. ("Quality Correctional Care"), Corizon Health, Inc. ("Corizon"), Marianne McKissick, P.A., and Surjit Dinsa, M.D. Id.

Presently before the Court is Defendants Corizon, Quality Correctional Care, McKissick,² and Dinsa's (hereinafter collectively the "Corizon Defendants") Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). ECF No. 45. The Motion is fully briefed, ECF Nos. 49, 51, and the Court held a hearing on the matter on April 5, 2022. For the following reasons, the Court will GRANT IN PART AND DENY IN PART the Corizon Defendants’ Motion to Dismiss. Specifically, the Court will GRANT the Motion with respect the Monell claim alleged against Defendants Corizon and Quality Correctional Care and DENY the Motion with respect to all other claims and Defendants.

II. BACKGROUND

A. Factual Background

Christopher Abbey was in the custody of the MDOC. Am. Compl., ECF No. 33, PageID.205. Abbey, who is diabetic, had a documented risk of suicide since at least 2015. Id. at PageID.209. "Specifically, he had told health care providers on multiple occasions that he had previously attempted to commit suicide by refusing to take Insulin for his diabetes at least two or three different times." Id. Failure to take insulin can lead to diabetic ketoacidosis ("DKA"), a serious diabetic complication in which the body produces excess blood acids. Id. Left untreated, DKA can lead to diabetic coma and death. Id.

In addition to suicidal tendencies, Abbey had issues with anxiety, depression, self-injurious behavior, and a history of chemical dependence. Id. Based on his admissions to staff, Abbey was labeled a moderate, intermediate, or low suicide risk in several medical records during his incarceration. Id. at PageID.210. Nevertheless, he passed away in MDOC custody from DKA after failing to take his medication for several days. Id. at PageID.225.

1. Abbey's stay in the Duane Waters Hospital and Woodland Center Correctional Facility

From May 20 to July 20, 2017, Abbey was placed in the Duane Waters Hospital ("DWH"), a medical facility in the MDOC, due to his self-injurious behavior and seizures. Id. While there, the staff reported he was self-inducing vomiting. Id. His electronic medical record ("EMR") also showed that he was taking food from other inmates in an attempt to increase his blood sugar to dangerous levels. Id. at PageID.211.

Three days after his discharge from the DWH, Abbey was referred to the MDOC's Inpatient Mental Health and Crisis Stabilization Program at the Woodland Center Correctional Facility ("WCC") in response to his continued self-induced vomiting. Id. at PageID.210. Abbey's referral information did not inform the WCC that he exhibited similar behavior during the two months he spent at the DWH. Id. at PageID.211. Video recordings show that, upon arrival, Abbey refused food and engaged in self-induced vomiting. Id. On July 24, 2017, the day after his referral to the WCC, Abbey informed Dr. Esmaeil Emami "that he wanted to die in any way possible and that he has [made] at least ‘a dozen’ suicid[e] attempts including a few months ago by ‘refusing his insulin.’ " Id. The next day, Abbey's case management report noted that he was not eating, self-inducing vomiting, and exhibiting poor hygiene. Id.

While records from other medical professionals indicated Abbey had attempted suicide by refusing his insulin medication, Defendant Dinsa's records only stated that he had attempted suicide by "cutting." Id. Defendant Dinsa's records also indicated that Abbey was self-inducing vomiting on July 26, 2017. Id. On July 27, 2017, Abbey's records indicate he was continuing to self-induce vomiting and would be "closely monitored." Id. at PageID.212. Nevertheless, Defendant Dinsa recommended Abbey be discharged from the WCC on July 28, 2017, five days after his arrival, despite noting Abbey "ha[d] not made progress toward his goal of ‘No self-injurious behavior’ " and being aware Abbey had requested to stay at the WCC. Id.

Abbey remained at the WCC for a few additional days because there were no available beds in the clinic setting. Id. During that time, he refused to eat or take his insulin on both August 1 and August 4, 2017. Id. at PageID.212-13. However, later in the day on August 4, Defendant Dinsa wrote that Abbey "had good compliance with his meds." Id. at PageID.213.

2. Abbey's Stay at the Earnest C. Brooks Correctional Facility

Abbey was cleared to return to outpatient treatment on August 8, 2017. Id. While at the transport bus depot, Abbey became unresponsive and had a blood sugar reading of 373. Id. After being taken to the ER, he was taken to the general population prison, Earnest C. Brooks Correctional Facility ("LRF"). On August 11, 2017, Abbey was evaluated as a moderate suicide risk because he was self-inducing vomiting; however, this designation was lowered to intermediate risk on August 14, 2017. Id. Abbey's medical records from August 17, note that he had refused blood sugar checks, insulin, and medication for three days and that he appeared withdrawn, disheveled, and unkempt. Id. The next day, after refusing insulin again, Abbey was placed in segregation for observation. Id. at PageID.214.

James Boland, an MDOC mental health provider, reduced Abbey's suicide risk to intermediate on August 22, 2017. Id. Then, on August 26, 2017, Abbey was taken to the hospital via ambulance because he was vomiting, shaking, pale, and slow to respond and he had a high blood sugar reading earlier that day. Id. Abbey's post-ER medical documentation noted that his issues appeared to be related to "gagging himself, self-harm." Id.

On August 31, 2017, Abbey told a prison staff member he wanted to kill himself. Id. In response, Defendant Wieber labeled him a moderate suicide risk. Id. Abbey told Defendant Wieber he wanted to receive increased treatment and move to a higher-level mental health care unit within LRF, but Wieber denied the request. Id. at PageID.215.

After refusing insulin for several days, Abbey was sent to the ER on September 16, 2017 because he was unable to stand and verbalized suicidal ideation. Id. As part of his treatment, he was intubated and put on a ventilator. Id. Upon his return to LRF on September 19, 2017, Abbey told a nurse, "I'm not done yet, I didn't die" and "I'm going to keep trying." Id. Wieber again classified Abbey as a moderate suicide risk and indicated he would evaluate Abbey every other day. Id. However, Defendant Wieber did not include in his records Abbey's self-harm through his diabetes medication intake as a behavior to monitor or report. Id. at PageID.215-16.

Defendant Kahn, Abbey's assigned mental health care provider, evaluated Abbey for only the third time on September 19, 2017. Id. at PageID.216. According to his records, Defendant Kahn did not believe Abbey was suicidal and instead thought Abbey was being manipulative—although he acknowledged the purportedly manipulative conduct was creating medical emergencies. Id. As such, Kahn discontinued all Abbey's medication for psychotic symptomology. Id. Two days later, Abbey reported to health care staff that he wanted to die and was admitted to the hospital. Id. His records reflect "the hospital workers spoke with ‘Amy Roesler’ at the prison[,] who informed them that the facility ‘Psych’ ‘refuses’ to pursue i[n]patient psych treatment at another facility." Id. Roesler also admitted the prison knew Abbey should have been at a facility "that provides 24/7 nursing." Id. at PageID.217.

3. Abbey's Stay at the Macomb Correctional Facility

Abbey was transferred to the Macomb Correction Facility ("MRF") on September 24, 2017. Id. During a chart review the next day, the health care provider wrote Abbey manipulated his medication but did not document Abbey's related mental health issues or suicidal ideation. Id. Similarly, his note from September 27, 2017 stated that Abbey had been hospitalized for intentional DKA and had a history of seizures. Id.

From September 29, 2017 to October 9, 2017, Abbey was again hospitalized for DKA. Id. He told his mental health provider, Defendant Abelman, on October 12, 2017 that he had most recently attempted self-harm the previous September "by refusing his diabetic medication." Id. Defendant Abelman designated Abbey as low risk for suicide,...