Bard v. Brown Cnty.

Ashley Bard, individually and as the administrator for the Estate of Zachary Ryan Goldson, Plaintiff, v. Brown County, Ohio, et al. Defendants.

Case No. 1:15-cv-643

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

February 13, 2019

Judge Susan J. Dlott

Order Granting in Part and Denying in Part Motion for Summary Judgment

This matter is before the Court on Defendants' Motion for Summary Judgment (Doc. 77). This case arises from the death of Zachary Ryan Goldson while he was in custody at the Brown County Jail. Multiple corrections officers have testified that he was found hanging from a bed sheet tied around the sprinkler assembly in the ceiling of his holding cell in the predawn hours of October 5, 2013.

Questions have persisted about Goldson's death. Goldson had been hospitalized briefly on the night of his death after he swallowed a pen. He then attacked and injured a Brown County Sheriff's deputy at the hospital when the deputy was escorting him to his cruiser to transfer him back to the jail. A nurse called for help, and several law enforcement officers responded to the emergency call to regain custody and control of Goldson. One officer who responded, Deputy Ryan Wedmore, called Goldson a "mother fucker[,]" said he wanted to "break [Goldson's] fucking neck[,]" and said Goldson would be getting a "welcome party" back at the jail. Goldson was found dead in his jail holding cell approximately one hour later. Some evidence suggests that it would have been difficult based on the physical layout of the jail cell for an inmate acting alone to have hung himself. However, forensic pathologists, a county grand jury, and a state criminal investigations unit all determined that Goldson committed suicide by hanging.

On October 10, 2015, Plaintiff Ashley Bard, the administrator of Goldson's estate, filed suit against Brown County, the Brown County Sheriff, and several other law enforcement officers asserting that Goldson's hanging was staged and that they are liable for his death. The parties engaged in more than two years of discovery, at the conclusion of which Defendants moved for summary judgment. The Court then held an extensive oral argument hearing on the motion. For the reasons that follow, the Court finds that although some factual disputes remain, all but one of Plaintiff's claims fail for a lack of sufficient evidence. Plaintiff has not put forward sufficient evidence to prove that any particular officer used unreasonable and excessive force against Goldson, failed to intervene against the use of excessive force against him, or was deliberately indifferent to his medical needs. Plaintiff can proceed to trial only on the intentional infliction of emotional distress claim against Deputy Wedmore, the officer who directed profanity toward and threatened Goldson at the hospital. Accordingly, the Court will GRANT IN PART AND DENY IN PART Defendants' Motion for Summary Judgment.

I. BACKGROUND

A. Factual History

The following facts are derived from Defendants' Statement of Proposed Undisputed Facts (Doc. 77-1) and Plaintiff's Response (Doc. 102-2) except where specifically noted otherwise.

1. Incarceration and Death of Zachary Goldson

Goldson was arrested on September 26, 2013 following an indictment issued by a Brown County, Ohio grand jury on three weapons charges. Officer Thomas Ackley booked Goldsoninto the Brown County Jail on the same date. (Doc. 77-2 at PageID 3184.) Officer Ackley completed a medical and mental health screening of Goldson that same day during which Goldson gave no negative health information. (Id. at PageID 3186.) Specifically, Goldson denied being treated for mental health problems, feeling depressed or suicidal, requiring medication, or having been treated for a drug addiction. (Id.)

On October 4, 2013, Goldson swallowed an ink pen made primarily of plastic. The Brown County Sheriff transported Goldson to the local hospital emergency room for treatment. This was Goldson's second visit to a hospital for swallowing potentially dangerous items during the same period of incarceration at the jail. Goldson was released from the hospital and transported back to the jail on October 4, 2013. At the jail he remained in the blue paper suit he wore at the hospital, and he was placed in holding cell 15 to wait for the swallowed items to pass through his system. (Schadle Dep., Doc. 76-1 at PageID 2992-2993.)¹

Goldson complained about stomach pain that night. Brown County Sheriff's Deputy Travis Justice transported him to the Southwest Regional Medical Center at approximately 11:10 p.m. Goldson was examined by a registered nurse who determined that he was not suicidal. Dr. Mark Thorton also did a brief psychological examination of Goldson to determine whether he was calm and cooperative. (Doc. 74-11 at PageID 1210.) He did not extensively question Goldson to determine whether he was depressed or whether he had swallowed items to harmhimself. (Id.) Dr. Thorton performed a CAT scan to locate the swallowed items, arranged for Goldson to receive follow-up treatment, and discharged him in the early morning hours of October 5, 2013.

Before exiting the hospital, Deputy Justice prepared Goldson for transport by placing shackles on his ankles and a transport belt around Goldson's waist. Deputy Justice handcuffed Goldson's wrists in front of his body and through the ring on the transport belt. Deputy Justice then escorted Goldson out of the hospital and towards his cruiser approximately fifty feet away. Deputy Justice had to unlock the cruiser doors. He positioned Goldson at the rear driver's side door of the cruiser to his right. Goldson partially freed himself from his restraints and struck Deputy Justice in the back of the head. Goldson had a handcuff and a leg shackle off. Goldson tried to grab Deputy Justice's firearm, so Deputy Justice tossed the firearm ten to fifteen feet away. Deputy Justice and Goldson engaged in a physical struggle during which they fell to the ground and rolled down a hillside, Goldson struck Deputy Justice in the face with his handcuff, and Deputy Justice called for help.

A nurse called 911. Dr. Thorton and other staff members went to help Deputy Justice. Goldson actively resisted efforts by Deputy Justice and three medical staff to hold him on the ground. Medical personnel helped hold Goldson down until more officers arrived to secure him in handcuffs. (Doc. 98-1, Georgetown PD Dashcam at 3:17 to 3:32.)² Two Georgetown Police Department officers responded to the 911 call. They secured Goldson, handcuffing his arms behind his back as he lay on the ground on his stomach. (Id. at 3:32 to 4:26.) A nurse remained next to Goldson from the time he was handcuffed while lying with his stomach on the ground until the time he dry heaved and then started to catch his breath. (Id. at 3:32 to 4:10.) AGeorgetown police officer was kneeling on the ground beside Goldson after he was handcuffed. It appears the officer had one knee on Goldson's back. (Id. at 3:32 to 5:41.) Another officer held Goldson's handcuffed arms up in the air over his shoulder blades for over one minute. (Id. at 3:32 to 4:37.) Goldson then remained on his stomach on the ground with his hands cuffed behind his back and his legs shackled, with the officer putting pressure on his back for approximately one more minute. (Id. at 4:37 to 5:35.)

Corporal Larry Meyer³ from the Brown County Sheriff's Department arrived just as the officers were handcuffing Goldson's arms behind his back. (Id. at 3:37.) Corporal Meyer denied that he heard any sounds from Goldson that sounded like he was trying to regurgitate, but the dry heaves can be heard clearly on the dashcam video. (Meyer Dep., Doc. 75-3 at PageID 2007-2008; Doc. 98-1, Georgetown PD Dashcam at 3:45 to 3:52.) Corporal Meyer saw that Goldson had gotten off one handcuff and one leg shackle—from the sets put on by Deputy Justice. (Doc. 75-3 at PageID 1999-2002.) He returned to his cruiser to get another set of shackles. (Id. at PageID 2000; Doc. 98-1, Georgetown PD Dashcam at 3:51.)

Deputy Ryan Wedmore from the Brown County Sheriff's Department arrived at the scene when Corporal Meyer was back at his cruiser and after Goldson had dry-heaved. (Doc. 98-1, Georgetown PD Dashcam at 4:35.) The Georgetown police officers were lowering Goldson's handcuffed arms from the air to his back as Deputy Wedmore walked up. (Id. at 4:35 to 4:37.) Deputy Wedmore approached Goldson and said "what the fuck is wrong with you, you stupid mother fucker" and "I'd like to break your fucking neck" and "I hope you like prison, bitch." (Id. at 4:37 to 5:24; Doc. 75-6 at PageID 2473-76.) Deputy Wedmore did not touchGoldson during this tirade. (Doc. 98-1, Georgetown PD Dashcam at 4:37 to 5:08; Doc. 75-6 at PageID 2473-76.)

Corporal Meyer arrived back from his cruiser with a second set of leg shackles, but at that same time an unidentified person was able to re-secure the original shackles around Goldson's legs. (Doc. 98-1, Georgetown PD Dashcam at 4:51 to 5:13; Meyer Dep., Doc. 75-3 at PageID 1999-2001.) Within approximately fifteen seconds after the leg shackles were put on Goldson, the officers lifted Goldson off the ground and escorted him to the cruiser. (Doc. 98-1, Georgetown P.D. Dashcam at 5:13 to 5:45.) Corporal Meyer had his hand or arm around Goldson's arm as the officers escorted Goldson to the cruiser. (Meyer Dep., Doc. 75-3 at PageID 2003.)

Goldson repeatedly grunted in pain and said "I didn't mean to" as he was walked to the cruiser. (Doc. 98-1, Georgetown PD Dashcam at 4:27 to 5:43.) Deputy Wedmore stated "that motherfucker is getting a welcome party when we get to the jail." (Id. at 5:47 to 5:52; Wedmore Dep., Doc. 75-6 at PageID 2484.) The officers placed Goldson in the back seat of the cruiser. Deputy Wedmore transported Goldson from the hospital back to the jail, and Deputy Justice received treatment for his injuries at the medical center.

Deputy Wedmore parked his...