D.B. v. CorrectHealth E. Baton Rouge, LLC

D.B., AN INDIVIDUAL, BY AND THROUGH HIS NEXT FRIEND DARLENE WHALEY v. CORRECTHEALTH EAST BATON ROUGE, LLC SHERIFF SID J. GAUTREAUX, III,AND THE CITY/PARISH OF EAST BATON ROUGE

CIVIL ACTION NO. 19-620-JWD-EWD

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

August 5, 2020

RULING AND ORDER

This matter is before the Court on the Motion to Dismiss ("Sheriff's Motion") filed by Sheriff Sid Gautreaux, III ("Sheriff") (Doc. 15) and the Motion to Dismiss for Failure to State a Claim; Alternatively, Motion to Strike Allegations within the Complaint, Rec. Doc. 1, ("City/Parish's Motion") filed by the City of Baton Rouge/Parish of East Baton Rouge ("City/Parish"). (Doc. 26.) Plaintiff responded in opposition to both motions. (Doc. 23 and 36.) The Sheriff filed a reply. (Doc. 33.) Oral argument is not necessary. The Court has considered the facts alleged in the Complaint, the arguments of the parties, the law, and for the reasons expressed below will deny the motions.

FACTUAL BACKGROUND

For the purpose of ruling on the motions, the Court accepts the well pleaded facts of the Complaint as true. Thompson v. City of Waco, Tex., 764 F.3d 500, 502-03 (5th Cir. 2014).

Plaintiff, D.B., an individual who has severe Asperger's Syndrome, through his next of friend Darlene Whaley, filed suit against the Sheriff, the City/Parish, and CorrectHealth East Baton Rouge LLC ("CorrectHealth") under Title II of the Americans with Disabilities Act ("ADA") and the Rehabilitation Act of 1973 ("RA") for injunctive and declaratory relief and damages. (Doc. 1 at 1.)

D.B. is a qualified individual with a disability under the ADA and RA because of his diagnosis of Asperger's Syndrome, a congenital autism disorder, which is characterized by significant difficulties in social interaction. (Id. at ¶ 5.) In 2005, D.B. was interdicted under Louisiana law and the court granted curatorship to Ms. Darlene J. Whaley. (Id. at ¶ 13.) D.B. has difficulty with reading social cues and understanding meaning in social interactions; he has limited cognitive brain function. (Id. at ¶ 6.) D.B.'s disability and consequent limitations causes him to: (1) be unable to engage in rational thinking, decision making, and successful social interactions; (2) be unable to hold jobs due to his poor social interaction, inability to concentrate and learning disabilities; (3) engage in repetitive behaviors; (4) engage in socially inappropriate behavior such as making repeated phone calls to an individual with which he becomes obsessed; (5) be subject to manipulation and persuasion. (Id. at ¶¶ 8-11, 14.) D.B. suffers from a long pattern of abnormal behavior with exaggerated feelings of self-importance, including not identifying as a person with a disability. (Id. at ¶ 12.)

The City/Parish owns the East Baton Rouge Parish Prison ("EBRPP") and is responsible for providing the physical facility, all medical services and for funding the prison. (Id. at ¶ 25-26.) The EBRPP has been dysfunctional for years, especially pertaining to the medical care of inmates. (Doc. 1 at ¶¶ 27-34.) In order to meet the medical needs of the inmates, Health Management Associates, were tasked by the Baton Rouge Metro Council to determine what changes would need to be made. Based on the report of Health Management Associates, the Baton Rouge Metro Council chose to use the private company CorrectHealth to deliver medical care at the EBRPP. (Id. at ¶¶34-59.) The City/Parish makes no attempt to accommodate persons with disabilities at the EBRPP. (Id. at ¶¶ 67-72.)

On December 5, 2018, D.B. was taken to the EBRPP where his Prison Transport Record was marked by the Sheriff's office to indicate that he was autistic. (Doc. 1 at ¶¶ 73-75.) In addition, medical staff completed a Medical Clearance Form indicating that he was not cleared for general population/booking. (Id. at ¶ 76.)

On April 11, 2019, a warrant was issued for D.B. for improper telephone communication. (Id. at ¶ 78.) Before D.B. voluntarily reported to the authorities, Ms. Whaley tried to make arrangements for D.B. with the medical division of the EBRPP to bring D.B.'s psychiatric and other medications. (Id. at ¶ 79.) D.B. takes Lorazapam and Seroquel to help with his severe anxiety and panic attacks related to his Asperger's Syndrome. (Id. at ¶ 15.) Withdrawal from these psychiatric medications can include seizures, heightened anxiety, panic, depression, inability to sleep, and cardiac strain. (Id.)

Ms. Whaley explained D.B's medical conditions, diagnoses, and the dangers of withdrawal. (Id. at ¶ 81.) She also explained that D.B. cannot defend himself physically and would not ask for his medication. (Id. at ¶ 83.) Ms. Whaley was first told to bring D.B.'s medications, in separate vials, to the "guard shack" where D.B. would be dropped off. (Id. at ¶ 80.) Then she was told to not bring either the Lorazepam or Seroquel because it would not be dispensed without orders from Dr. Blanche. (Id. at ¶ 82.) Ms. Whaley asked the nurse she was speaking with to ensure that D.B. saw Dr. Blanche so that he could get his meds and also asked that he be kept physically safe. (Id. at ¶ 84.) The nurse replied, "[T]his is a jail not a hospital I'm not talking to you about this." (Id. at ¶ 85.)

D.B. voluntarily reported to authorities and was placed in general population. (Id. at ¶¶ 85-86.) Upon intake, the medical staff at the EBRPP noted D.B. had depression and anxiety. (Id. at 87.) On April 15 and April 16, 2019, D.B. was not given his blood thinner, Brilanta, or hisblood pressure medication, Metoprolol. (Id. at ¶ 88.) Ms. Whaley attempted to call the Warden and was not able to reach anyone. (Id. at ¶ 89.) Without other options, Ms. Whaley texted Suzy Gautreaux, the Sheriff's wife, who was Ms. Whaley's former family realtor. Ms. Whaley explained to Ms. Gautreaux that D.B. was disabled, had a serious cardiac condition, and was not getting his medications. Ms. Gautreaux replied that once the Sheriff returned home, "Sid will follow up on this, I am praying for your son." (Id. at ¶ 90.)

Warden Grimes followed up with Ms. Whaley on April 17, 2019, stating, ""I got a call from the sheriff and Mrs. Suzy about your son D.B." (Doc. 1 at ¶ 91.) When Ms. Whaley explained the situation, Warden Grimes' response was, "[T]his is above my head, I'm going to have the medical director call you. I am going to hang up and she will call you right back." (Id.)

Ms. Shelly Rushing called Ms. Whaley back and informed her: (1) D.B. was getting an EKG and that Ms. Whaley "had to understand that it takes time for a jail to get medicines to inmates due to the way their system works;" (2) D.B. could not have Lorazepam and Seroquel because other inmates would take the medicines, grind them up and ingest them; (3) D.B. would be moved to protective custody where he would be observed at all times by a deputy and could get his medication once he had a psychiatric evaluation; and (4) in protective custody D.B. would "be[] watched [and] the other inmates can call for help for him also" in the event of a cardiac incident. (Id. at ¶ 93-97.) Ms. Rushing informed Ms. Whaley that until D.B. could get his Lorazepam or Seroquel, the parish prison would give him Trazadone, which was dangerous given D.B.'s history of a recent heart attack. (Id. at ¶¶ 98-99.) D.B. never received a full evaluation from Dr. Blanche, did not receive Lorazepam or Seroquel, and was kept on Trazadone until he left the EBRPP. (Id. at ¶ 100-101.)

Based on the phone calls with Ms. Whaley and their observations of D.B., the medical staff noted in his medical records for April 17, 2019 that they recommended: "Isolation - single cell (Please place in singled [sic] cell - Offender is Autistic with child like behavior. Can easily be preyed upon)." (Doc. 1 at ¶ 102.) D.B.'s medical records also note that "current trial of trazadone until cleared to continue Ativan and Seroquel [;] patient not sleeping." (Id. and ¶ 103.)

After being moved out of the general population, D.B. was placed onto the "M Line". (Id. at ¶ 105.) At EBRPP, according to Warden Grimes, medical lockdown on the "M Line" is for "anybody with medical issues, disciplinary issues, behavior issues." (Id. at ¶ 60.) The decision to place someone on the M Line is made by the Sheriff and the cells do not differ between those housing inmates in medical care and those on the M Line for disciplinary issues. (Id. at ¶ 61.) Inmates on the M Line are not released on the yard or allowed to go outside and do not receive an equal opportunity to use the telephones, take showers, or possess personal items. (Id. at ¶¶ 62-63.) Inmates on the M Line are not able to submit grievances in the normal location. (Id. at ¶ 171.) To get to the showers, an inmate must pass directly by the cells of the other inmates. (Id. at ¶ 107.) The M Line is not supervised constantly and instead, one guard walks the hallway every fifteen minutes. (Id. at ¶ 108.) While the guard is not walking the hallway, an inmate is let out of his cell. During the time the inmate is out of his cell, he can walk up and down the line, he can go take a shower, and on some days, he can make a phone call. (Id.)

Due to D.B.'s disability, and his unmedicated state, D.B. was identified by other predatory inmates as an easy target for manipulation and sexual abuse. (Id. at ¶ 109.) Starting on April 17, 2019, two inmates began to threaten that they would throw feces and vomit into D.B.'s face. (Id. at ¶ 111.) D.B. asked the inmates to stop, but they did not. (Id. at ¶ 112.) Whilecontinuing to threaten to throw vomit and feces at D.B. and by threatening other physical violence, on April 18, 2019, one inmate sexually assaulted D.B. by demanding that he perform manual stimulation and oral stimulation of his genitals. (Id. at ¶¶ 113-115.) D.B., easily subject to manipulation and abuse, complied with the inmate and performed manual and oral stimulation of the abuser's genitals. (Id. at ¶ 116.) The inmate also reached through the cell bars...