Cleveland v. Gautreaux

PAUL A. CLEVELAND, ET AL., v. SID GAUTREAUX, III, SHERIFF, ET AL.

CV. NO. 15-744-JWD-RLB

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

August 17, 2018

JUDGE JOHN W. deGRAVELLES

RULING AND ORDER

I. INTRODUCTION

Before the Court are three Motions for Summary Judgment. The first Motion was filed by Defendant Charlie Bridges, M.D. (Doc. 104). Plaintiffs Paul A. Cleveland, Paris LeBlanc, and Mindy Capello ("Plaintiffs") have filed an Opposition, (Doc. 117), and Bridges has filed a Reply in further support of his Motion, (Doc. 124).

The second Motion was filed by Defendants Linda Ottesen, Michelle Antoine, Ebony White, Lillian Bell, Kimberly Bates, and Prison Medical Services ("PMS," and, collectively with Ottesen, Antoine, White, Bell, and Bates, "the PMS Defendants"). (Doc. 105). Plaintiffs have filed an Opposition, (Doc. 113), and the PMS Defendants have filed a Reply in further support of their Motion, (Doc. 123).

The third Motion was filed by Defendants Sid Gautreaux, III, Dennis Grimes, Anthony Williams, Richard Camp, Larry Turner, and Jasmyn Cage (collectively, "the Sheriff Defendants"). (Doc. 108). Plaintiffs have filed an Opposition, (Doc. 119), and the Sheriff Defendants have filed a Reply in further support of their Motion, (Doc. 127).

The Court has considered the arguments of the parties. For the following reasons, Bridges's Motion will be granted, and the other two Motions will be granted in part and denied in part.

II. FACTUAL BACKGROUND

Paul R. Cleveland ("Cleveland") was a detainee at the East Baton Rouge Parish Prison ("EBRPP") between September 19, 2014, and November 12, 2014. (See Doc. 104-4 at 1-8, 119). On his first day in prison, Cleveland completed an Inmate Processing Face Sheet and Health Assessment with the assistance of Bell, a nurse. (See Doc. 104-4 at 10-11). According to the Face Sheet, Cleveland had manic depression and bipolar disorder and was taking Cymbalta and Seroquel. (Doc. 104-4 at 10). The Health Assessment stated that Cleveland had diabetes, high blood pressure, pain or pressure in his heart, rheumatoid arthritis, left leg trouble, recurrent back trouble, blood in his urine, a removed gallbladder, frequent or painful urination, thoughts of suicide, sleep apnea, peripheral artery disease, and spinal stenosis. (See Doc. 104-4 at 11).

Bell completed an additional intake questionnaire concerning Cleveland on September 20, 2014. (Doc. 104-4 at 1-8). The questionnaire stated that Cleveland had diabetes, high blood pressure, pain or pressure in his heart, arthritis, foot trouble, recurrent back trouble, gall bladder trouble, sleep apnea, peripheral artery disease, and spinal stenosis. (Doc. 104-4 at 4-5).

As part of the intake process, Bell also completed a "blue sheet" of Cleveland's current medications. (Doc. 117-3 at 5-6).¹ Also in connection with the intake process, Bridges reviewed the list of Plaintiff's medications and stated that he needed to stay on all of his medications. (See Doc. 117-2 at 8-9; Doc. 104-4 at 19).

A prison medical log shows that Cleveland was seen on September 22, 2014 for chest pain, (Doc. 119-30 at 2), but it does not appear that there is a corresponding medical treatment note for that visit.

Also on September 22, 2014, LeBlanc, one of Cleveland's daughters, spoke with Ottesen. (Doc. 104-4 at 154). LeBlanc told her that Cleveland had been in mental facilities four times; tried to commit suicide twice; had heart problems, hypertension, and diabetes; and "[got] pneumonia easy." (Doc. 104-4 at 154). Ottesen said that Cleveland would not give staff permission to speak with anyone about his medical care, but Ottesen would pass the information along to the nursing staff. (Doc. 104-4 at 154). According to LeBlanc's deposition testimony, she also discussed Cleveland's medications with Ottesen and requested that he be given a wheelchair. (Doc. 119-3 at 4-7, 18). LeBlanc says that she later reiterated her request for a wheelchair during a second, third, and fourth conversation with Ottesen. (Doc. 119-3 at 6, 18-19). In September 2014, during one of the subsequent calls, LeBlanc also informed Ottesen that Cleveland was having difficulty walking and complaining of chest pain. (Doc. 119-3 at 9, 19).

Bridges examined Cleveland on September 24, 2014, as new admittees to EBRPP "automatic[ally]" receive a physical examination. (Doc. 104-4 at 13; Doc. 117-2 at 15-17). Bridges completed a Physical Examination form in connection with that visit; its findings were generally unremarkable. (Doc. 104-4 at 13). Bridges testified at a deposition, however, that it was "obvious" that Cleveland had hypertension and heart disease based on the medications that he was taking. (Doc. 117-2 at 17).

On or about September 30, 2014, LeBlanc called Grimes, the warden of EBRPP, to say that her father had fallen because he was having trouble walking and standing and requested thathe be referred to a hospital; Grimes reportedly told her "there was nothing he could do about it" and it was not "his jurisdiction." (Doc. 119-3 at 11-12, 20).

On October 1, 2014, Cleveland's son brought a wheelchair to EBRPP, along with a letter from Cleveland's primary care physician asking that Cleveland be permitted to use the wheelchair because he was "unable to walk long distances due to his extensive health history." (Doc. 117-5 at 2-4; Doc. 104-4 at 26, 136, 153). EBRPP guards turned Cleveland's son away; according to a chart note, a nurse told the guards that Cleveland could not have the wheelchair "if he did not come in with it, unless it ha[d] been approved by EBRPP MD." (Doc. 117-5 at 4-6; Doc. 104-4 at 136, 153).

On October 2, 2014, and October 5, 2014, Cleveland completed three Medical Request Forms indicating, inter alia, that he was suffering from headaches and needed to be evaluated for heart surgery. (Doc. 104-4 at 114-16). Bell referred Cleveland's requests to a doctor. (Doc. 104-4 at 114-16). Cleveland's appointment was later rescheduled or canceled with the notation "rescheduled appointments." (Doc. 119-9 at 1). It is unclear when or whether the appointment occurred.

On October 6, 2014, Cleveland was seen as a "medical emergency" due to a boil on his arm; the Emergency Medical Request Form also noted that Cleveland was refusing his blood pressure medication "because of walking in pain." (Doc. 104-4 at 113, 123).

On October 12, 2014, Cleveland completed a Medical Request Form asking to see a psychiatrist for "medication to help with sleep." (Doc. 104-4 at 112). On October 14, 2014, Cleveland met with Dr. Rani Whitfield regarding his headaches, heart surgery, request for a wheelchair, and psychological problems. (Doc. 104-4 at 142). Whitfield explained that most of Cleveland's requests could not be accommodated without medical records but referred Clevelandto a psychiatrist and made notes stating "[m]edical record release" and "medical released [sic] form signed to be sent to Dr. Bunnie Hill." (Doc. 104-4 at 142-43).

On October 16, 2014, Cleveland completed a Refusal of Medical Care form, which stated that he had refused care because "the pain from walking [was] to[o] extreme with no wheelchair." (Doc. 104-4 at 128). On October 19, 2014, an Emergency Medical Request form was completed for Cleveland; it stated that he was suffering from pain in his buttocks and legs, difficulty walking, and shortness of breath. (Doc. 104-4 at 122). A chart note from that date states that Cleveland had not been to pill call for several days because "he [was] hurting to[o] bad" to go.² (Doc. 104-4 at 139). Cleveland was placed on a suicide watch because he had stated that he "would be better off dead" and because his refusal to take medication was "abnormal" and "bizarre." (Doc. 104-4 at 122; Doc. 119-10 at 6).

On October 20, 2014, Cleveland was being escorted to the medical department as a "medical emergency" with complaints of chest pains; while on his way, he stated that he could not go farther and asked for a wheelchair. (Doc. 104-4 at 150-51). When medical staff arrived at the scene, Cleveland said that his chest pains were "getting better," and he later denied that he was suffering from chest pain. (Doc. 104-4 at 151).

In a grievance form apparently received by EBRPP security on October 20, 2014 but dated in September, Cleveland complained that his heart valves were over 60% blocked, he was being forced to walk with his illnesses, and he was being subjected to substantial risk of injury and pain. (Doc. 119-8 at 12, 23). Cleveland requested a wheelchair, stronger pain medications, and to visit a heart doctor, vascular doctor, spinal doctor, and eye doctor. (Doc. 119-8 at 23). In a response dated October 21, 2014, Ottesen stated that Cleveland's grievance was unfounded; Ottesenrecounted some of the medical care that Cleveland had received and stated that, that day, Ottesen had faxed a request for medical records to Cleveland's primary care physician. (Doc. 119-8 at 22). Ottesen's response said that a determination of Cleveland's care needs would be made following the receipt of his records. (Doc. 119-8 at 22).

On October 21, 2014, Grimes contacted PMS in response to a call from Cleveland's brother and asked why Cleveland was on suicide watch. (Doc. 119-11 at 13-14, 35). A PMS staffer advised that Cleveland had been evaluated and taken off suicide watch. (Doc. 119-11 at 35).

On October 22 and 23, 2014, Cleveland completed Emergency Medical Request forms complaining of chest, neck, side, and lower back pain. (Doc. 104-4 at 120-21). Whitfield saw Cleveland on October 28, 2014, but did not treat him because he was "disrespectful and belligerent" and referred him to Bridges. (Doc. 104-4 at 142).

Bridges examined Cleveland on October 29, 2014. (Doc 104-4 at 9; Doc. 117-2 at 19). At that time, Bridges noted that Cleveland had "multiple complaints," including chronic back pain, but was alert and oritented with "normal" extremities. (Doc 104-4 at 9; Doc. 117-2 at 19-20). According to Bridges's deposition...