Anderson v. Jones

440 F.Supp.3d 819

Wesley ANDERSON, Plaintiff,

v.Richard K. JONES, et al., Defendants.

Case No. 1:17–cv–327

United States District Court, S.D. Ohio, Western Division.

Signed February 19, 2020

Konrad Kircher, Ryan J. McGraw, Rittgers & Rittgers, Lebanon, OH, for Plaintiff.

Daniel T. Downey, Fishel, Hass, Kim & Albrecht Downey, LLP, Melanie J. Williamson, Fishel Downey Albrecht Riepenhoff LLP, New Albany, OH, for Defendants.

OPINION AND ORDER

DOUGLAS R. COLE, UNITED STATES DISTRICT JUDGE

This § 1983 action is before this Court on the Motion for Summary Judgment (Doc. 44) by Defendants Richard K. Jones, Jimmy Combs, and Kate Fryer (collectively "Defendants"), and Defendants' Objection pursuant to Fed. R. Civ. P. 56(c)(2) (Doc. 48) to Plaintiff's use of certain statements by Plaintiff's expert witness, Michael A. Berg. The Court held a hearing on both the Motion and the Objection on January 27, 2020. For the following reasons, the Court GRANTS Defendants' Motion for Summary Judgment and SUSTAINS in PART and OVERRULES in PART Defendants' Objection.

I. FACTS & BACKGROUND

A. Butler County Jail.

Defendant Richard K. Jones ("Sheriff Jones") is the elected Sheriff of Butler County, Ohio. (Defs.' Proposed Stipulated Facts ("Defs.' Stip. Facts"), ¶ 1, Doc. 44-1, #1014¹ ). (See also Pl.'s Resp. to Defs.' Stip. Facts ("Pl.'s Resp. to Facts"), ¶ 1, Doc. 47-1, #1221). Kate Fryer ("Officer Fryer") and Jimmy Combs ("Officer Combs") were employed as Corrections Officers by the Butler County Sheriff's Office ("BCSO") during the time relevant to this action. (Defs.' Stip. Facts at ¶¶ 2–3, #1014). They are both certified Corrections Officers, and Officer Fryer has an Associate degree in criminal justice. (Id. at ¶¶ 4–5, 60, #1014, 1021). Both officers worked at the Butler County Jail (the "Jail").

Butler County Jail protocol requires corrections officers, after booking an arriving inmate, to classify him or her. The classification dictates the inmate's security level and housing assignment. (Id. at ¶¶ 15–16, #1016). Butler County Jail has maximum, medium, and minimum-security housing pods, plus a medical pod ("F-Pod") for inmates on suicide watch or with medical or mental health issues. (Id. at ¶ 19). Once classified, inmates are housed in pods according to their security level and in consideration of any medical or mental health needs. (Id. at ¶ 18).

BCSO maintains multiple policies and makes use of several forms to guide corrections officers through the classification process. (Id. at ¶ 21; see Berg Dep. Ex. 1, "Receiving a New Prisoner," Doc. 45-1, #1030–38; Berg Dep. Ex. 2, "Initial Screening Form," Doc. 45-2, #1039–41; "Classifying Incoming Inmates," Doc. 42-12, #955–66). Corrections officers elicit information from new arrivals using a "Classification Tree" as part of an inmate's classification interview. (Defs.' Stip. Facts at ¶ 50, #1019–20; Pl.'s Resp. to Facts at ¶ 50, #1225). The Classification Tree asks for certain information, including the inmate's charge, status, prior criminal history, escape risk, pending charges or warrants, and history of problems while incarcerated. (Defs.' Stip. Facts at ¶ 50, #1019–20). This information aids officers in classifying inmates. If officers are unable to make a classification because an inmate is potentially under the influence of drugs or alcohol, the inmate is placed in "passive waiting," a cell within the booking area, for further observation. (Id. at ¶¶ 42–43, #1019).

If officers believe an inmate is suffering from mental illness at intake, they ask the Forensics team at the Jail to complete a mental health evaluation before assigning a housing unit. (See id. at ¶ 55–56, #1020). The Jail contracts with Transitional Living, Inc. to provide these services. (Id. at ¶ 57). The Forensics team includes social workers, a supervisory social worker, a case coordinator, and a psychiatrist, none of whom are employees of BCSO or the Jail. (Id. at ¶ 58). This team provides suicide/homicide risk assessments, crisis counseling, medication screening, and may recommend housing placement screens. (Id. at ¶ 59, #1020–21). They also provide other services to staff and inmates, including mental illness and suicide prevention training, maintaining a crisis phone line, completing walkthroughs in each housing unit to provide inmate access, and providing input regarding inmate housing issues. (Id. ).

If the Forensics team or corrections officers deem it necessary, they may recommend placing an inmate in F-Pod for monitoring. This pod is designated as the medical and mental health pod, and it is staffed with two corrections officers. (Id. at ¶¶ 69, 71, #1022). F-Pod is also where the Forensics team's office is located. (Id. at ¶ 72). This permits inmates with mental or medical needs to be closer to the Forensics staff. (Id. at ¶ 73).

B. Butler County Jail Intake on May 14–15, 2015.

On May 15, 2015, Plaintiff Wesley Anderson ("Anderson") was arrested and charged with domestic violence. (Defs.' Stip. Facts. at ¶ 10, #1015). Officer Fryer, who was working as the third-shift booking officer at the Jail, booked Anderson into the facility at approximately 1:26 a.m. (Id. at ¶¶ 12–13). In her capacity as booking officer, she recorded certain information including Anderson's name, age, address, and basic medical information. (Id. at ¶ 14). Officer Monte Hackney ("Officer Hackney") then classified Anderson. (Id. at ¶ 20, #1016). During this process, Officer Hackney noted Anderson's current charge (domestic violence), status (pre-sentence), prior prison history (none), prior felony convictions (none), known enemies within the prison or gang affiliations (none), and any pending charges, warrants, or holders (none). (Id. at ¶ 25, #1017). Officer Hackney noted Anderson had a laceration on the back of his head and an injury to his right leg. (Id. ). He classified Anderson as medium security. (Id. at ¶ 26). Officer Hackney provided a short classification narrative restating this information. (Id. at ¶ 27). The narrative states Anderson's paperwork was complete, and because of his leg injury, he was to be housed in " ‘F’ block" for medical observation, assigned to cell six. (Id. at ¶¶ 28, 79, #1017, 1023; "May 15, 2015 Jail Incident Report," Doc. 43-3, #983).

Just prior to Anderson's arrival, on May 14, 2015, at approximately 10:28 p.m., Gregory Nicholas Payne ("Payne") was also booked into the Jail on a nonviolent burglary charge. (Defs.' Stip. Facts at ¶ 29, #1017). Officer Fryer was also involved in Payne's intake process. (See Pl.'s Resp. to Facts at ¶ 30, #1223). At her deposition, Officer Fryer testified Payne was initially calm and compliant. (Id. at ¶ 33, #1224). After an incident in which Payne was non-compliant with a command and had to be tackled by a corrections officer, Officer Fryer placed Payne in a "passive waiting" cell so he could be observed before being classified, as she was concerned he might be under the influence of drugs or alcohol. (Defs.' Stip. Facts at ¶¶ 41–42, #1019). While in passive waiting, Payne went to sleep and slept through the end of Officer Fryer's shift, 7:00 a.m. on May 15th. (Id. at ¶ 44). At this point, Officer Fryer left the Jail and Officer Brandon Benjamin ("Officer Benjamin") began his shift as a classification officer. (Id. at ¶ 46).

Officer Benjamin eventually obtained the necessary additional information to complete Payne's classification. (Id. at ¶ 48; Pl.'s Resp. to Facts at ¶ 48, #1225). Officer Benjamin classified Payne as medium security. (Defs.' Stip. Facts at ¶ 51, #1020). Officer Benjamin noted Payne acted oddly while answering questions, which prompted him to refer Payne to the Forensics team. (Id. at ¶¶ 53–54). Payne remained in the booking area. (Id. at ¶ 56). Eventually Ms. Stacy Arbino, a Transitional Living, Inc. employee, arrived to evaluate Payne. (Id. at ¶¶ 60–62, #1021). The two discussed his difficulties during the intake process, his feelings of anxiety, and concerns about his homelessness. (Id. at ¶¶ 65–67, #1021–22). Payne did not display any violent tendencies toward Ms. Arbino, but she recommended Payne be placed in F-Pod so he could be monitored; she did not recommend single-cell placement. (Id. at ¶¶ 68–69, 74–75, #1022).

After this evaluation, Officer Benjamin completed Payne's classification narrative noting his current charge (burglary), prior prison history (none), prior felony convictions (none), known enemies, gang affiliations, or racial issues (none), and that he appeared to have mental health issues. (Id. at ¶ 76, #1022–23). Payne was classified as medium security and assigned to F-Pod. (Id. at ¶ 79, #1023).

C. Anderson and Payne in F-Pod Cell Six.

At approximately 1:17 p.m. on May 15, 2015, nearly twelve hours after Anderson's arrival at the Jail, Payne was also placed in F-Pod cell six. (Defs.' Stip. Facts at ¶¶ 78–79, #1023). The two did not previously know each other, this was their first interaction, and they did not speak to each other. (Id. at ¶¶ 80–82). But Anderson was not afraid of Payne, Payne did not threaten Anderson, and Anderson did not complain about Payne. (Id. at ¶¶ 83–85).

Officers, for the duration of their shift, log activity in the Jail's computerized inmate-management system, "Vision Jail." (Id. at ¶ 88, #1024; Pl.'s Resp. to Facts at ¶ 88, #1227). On May 16, 2015, Defendant-Officer Jimmy Combs ("Officer Combs") and Officer George Coleman ("Officer Coleman") were assigned to work first shift in F-Pod; Combs' first notation in Vision Jail was at 7:11 a.m. (Defs.' Stip. Facts at ¶¶ 86–87, #1023; Combs Dep., 76–77, 79, Doc. 42-9, #797–98, 800). Jail policies regulate an officer's shift activities, including how they conduct rounds, which are to occur "at least every 40 minutes." (Berg. Dep. Ex. 7, "Start of Shift Post Order HOU-02," Doc. 45-7, #1055–57; see also Berg. Aff., Ex. A, Doc. 45-9, #1069–71 (reviewing "General Housing Assignments, Order Number CLAS-04")). The May 16, 2015 Vision Jail reports for the first shift state...