Fletcher v. City of New London

ALBERTHA FLETCHER and DONNA SMITH, Administrators of the Estate of Lashano Gilbert Plaintiffs, v. CITY OF NEW LONDON, et al. Defendants.

No. 3:16-cv-241 (MPS)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

September 25, 2018

RULING ON MOTION FOR SUMMARY JUDGMENT

I. Introduction

This case arises out of the death of Lashano Gilbert while in police custody on October 4, 2014, in New London, Connecticut. Plaintiffs Albertha Fletcher and Donna Smith, the administrators of Mr. Gilbert's estate, bring claims against ten police officers and the City of New London ("Police Defendants") for wrongful death, negligence, and violations of the Fourteenth Amendment, including deliberate indifference to medical needs and excessive force. They also bring claims of medical malpractice and wrongful death against a doctor, Deirdre Cronin-Vorih, who examined Mr. Gilbert in the Lawrence and Memorial Hospital emergency room after his arrest but before he was returned to police custody, as well as against Lawrence and Memorial Hospital.¹ Now before me are motions for summary judgment filed by Lawrence and Memorial Hospital ("the Hospital") (ECF No. 100) and the Police Defendants (ECF No. 103). The former moves for summary judgment on the ground that the plaintiffs have failed to provide evidence that Dr. Cronin-Vorih was an employee or agent of the Hospital at the time of Mr. Gilbert's death. ThePolice Defendants' motion asserts that plaintiffs have abandoned some claims, failed to raise a genuine dispute of material fact as to all claims, and failed to overcome the defense of qualified immunity as to the individual Police Defendants. For the reasons set forth below, the Hospital's motion for summary judgment is granted and the Police Defendants' motion is granted in part and denied in part.

II. Background

A. Factual Background

1. Mr. Gilbert's Arrest

The following facts, which are taken from the parties' Local Rule 56(a) Statements and the exhibits, are undisputed unless otherwise indicated.² On October 3, 2014, "Lashano Gilbert jumped head first into the driver's window of a vehicle driven by Kathryn Arruda." (ECF No. 103-2, Police Defendants' Local Rule 56(a)1 Statement ("PD's L.R. 56(a)1 Stmt.") at ¶ 1; (ECF No. 115-1, the Plaintiffs' Local Rule 56(a)2 Statement ("Pl.'s PD L. R. 56(a)2 Stmt.") at ¶ 1.) Once in the vehicle, Mr. Gilbert spoke unintelligibly and pantomimed stabbing Arruda in the chest. (PD's L.R. 56(a)1 Stmt. at ¶ 2; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 2.)³ Arruda called 9-1-1. (PD's L.R. 56(a)1 Stmt. at ¶ 3; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 3.)

When Officer Kurt Lavimoniere arrived at the scene, Mr. Gilbert ran at him while yelling incoherently. (PD's L.R. 56(a)1 Stmt. at ¶ 6; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 6.) Officer Lavimoniere discharged his Taser at Mr. Gilbert to halt his progress. (Id.) Once subdued, Mr. Gilbert "told officers on the scene that a ghost was inside him and was going to take his life if he did not bring [the ghost] to a cemetery in the Bahamas." (PD's L.R. 56(a)1 Stmt. at ¶ 7; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 7.) "While awaiting the arrival of [New London Fire Department] personnel, [Sergeant Lawrence M. Keating] attempted to deescalate the situation and asked Gilbert questions in an effort to get a better understanding of any mental illness or drug induced psychosis which he may have been suffering from." (PD's L.R. 56(a)1 Stmt. at ¶ 8; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 8.) Mr. Gilbert informed Sgt. Keating that "he took medications and was HIV positive." (PD's L.R. 56(a)1 Stmt. at ¶ 9; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 9.) Mr. Gilbert "resisted efforts to place himin the ambulance and continued to resist while in the ambulance by moving his body, kicking his legs, attempting to bite and had to be restrained." (PD's L.R. 56(a)1 Stmt. at ¶ 10; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 10.)

2. Mr. Gilbert's Stay at the Hospital

Mr. Gilbert was taken to the Hospital's emergency department for a medical evaluation. (ECF No. 102, the Hospital's Local Rule 56(a)1 Statement ("Hospital's L.R. 56(a)1 Stmt.") at ¶ 5; (ECF No. 113, the Plaintiffs' Local Rule 56(a)2 Statement ("Pl.'s Hospital L.R. 56(a)2 Stmt.") at ¶ 5.) While there, Mr. Gilbert was "evaluated and treated by an emergency medicine physician, Dr. Cronin-Vorih." (Hospital's L.R. 56(a)1 Stmt. at ¶ 8; Pl.'s Hospital L.R. 56(a)2 Stmt. at ¶ 8.) Mr. Gilbert "was combative at [the hospital] and continued to attempt to bite Officer Griffin, EMS personnel, hospital security and medical personnel, and struggle against restraints." (PD's L.R. 56(a)1 Stmt. at ¶ 11; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 11.) "When the phlebotomist attempted to take blood, Gilbert was flailing his body and tried to bite saying he wanted to share his disease with them." (PD's L.R. 56(a)1 Stmt. at ¶ 12; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 12.) According to the police report documenting the incident, Mr. Gilbert "became stable, calm and cooperative" at some point later during his stay at the Hospital. (ECF No. 103-3, Exhibit A ("Police Report") at 12.; see also ECF No. 56, Plaintiff's Second Amended Complaint, at ¶ 54 (noting that Mr. Gilbert experienced "states of calmness" during his stay at the Hospital).) Mr. Gilbert was discharged from the hospital later that night. ((PD's L.R. 56(a)1 Stmt. at ¶ 13; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 10; Hospital's L.R. 56(a)1 Stmt. at ¶ 11; Pl.'s Hospital L.R. 56(a)2 Stmt. at ¶ 11.)

3. Mr. Gilbert's Release into Police Custody and Subsequent Death

Mr. Gilbert "was cooperative throughout the booking process, was unrestrained, calmly communicated with officers and exhibited no violent behavior." (PD's L.R. 56(a)1 Stmt. at ¶ 14;Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 14.)⁴ "When Gilbert first arrived at booking Officer Schafranski-Broadbent asked if he was injured and Gilbert showed her a small abrasion on his shoulder. She placed a bandage on his shoulder and then upon his request allowed him to wash his hands behind the booking desk." (PD's L.R. 56(a)1 Stmt. at ¶ 15; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 15.) The parties contest the level of care provided by the police during this juncture. The Police Defendants contend that Mr. Gilbert was "interviewed for suicide screening" and "was monitored at all times either by the presence of the officers in booking and/or video monitoring;" the plaintiffs contest both of these statements, but they point to no evidence to support their denial of "monitoring." (See PD's L.R. 56(a)1 Stmt. at ¶¶ 16-17; Pl.'s PD L.R. 56(a)2 Stmt. at ¶¶ 16-17). The Police Defendants' assertion that Mr. Gilbert was "monitored at all times" is thus deemed admitted. D. Conn. L.R. 56(a)3.

"Approximately an hour and a half after arriving at the police station (11:30 p.m.) Gilbert, who was wearing a hospital gown, said he was cold. Officer Lavimoniere explained [that] his sweatshirt had been cut off but he provided [Mr. Gilbert] with the jeans he had originally been wearing." (PD's L.R. 56(a)1 Stmt. at ¶ 18; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 18.) "At some point Gilbert was removed from the larger holding tank to do some paperwork. He said he was thirsty so Officer Lavimoniere placed him in a cell with a working sink. Gilbert asked to be put back into the holding tank so Lavimoniere allowed him to move back." ((PD's L.R. 56(a)1 Stmt. at ¶ 19; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 19.) "About [4.5] hours after arriving at booking (approximately2:30 a.m.) Gilbert was observed on the video monitor twisting his pants and standing on a metal bench." (PD's L.R. 56(a)1 Stmt. at ¶ 20; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 20.)

"Officer Lavimoniere and Sgt. Johnson opened the cell door to have Gilbert get down from the bench and to take his pants." (PD's L.R. 56(a)1 Stmt. at ¶ 21; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 21.) "After speaking briefly with Gilbert, Sgt. Johnson and Officer Lavimoniere began to back out of the cell . . . when Gilbert suddenly lunged at Officer Lavimoniere, grabbing his Taser, ripping the battery/camera assembly [and] throwing it at the officer." (PD's L.R. 56(a)1 Stmt. at ¶ 122; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 22; ECF No. 104, Exhibit K, Video Exhibit ("Video Exhibit") at 2:39:01-2:39:30 A.M.) Mr. Gilbert then jumped over the booking counter, threw items at the officers, and placed one of the officers in a chokehold. (PD's L.R. 56(a)1 Stmt. at ¶ 23; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 23; Video Exhibit at 2:39:30-2:39:43 A.M.) "Officer Lavimoniere and Sgt. Johnson attempted to grab Gilbert's arms as he punched at them and tried to bite Sgt. Johnson. Officer Schafranski deployed her OC spray" to no apparent effect. (PD's L.R. 56(a)1 Stmt. at ¶ 24; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 24) "During the attempt to control Gilbert[,] he bit Officer Schafranski on the foot after he was taken to the ground." (PD's L.R. 56(a)1 Stmt. at ¶ 25; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 25.) The Police Defendants assert that "Gilbert repeatedly kicked Officer Lavimoniere in the chest," but plaintiffs deny this, asserting that the video of the event does not show this. (See PD's L.R. 56(a)1 Stmt. at ¶ 26; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 26.) At some point during the fight, Officer Coe applied her Taser to Mr. Gilbert twice. (PD's L.R. 56(a)1 Stmt. at ¶ 27; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 27.) "At some point during the struggle, Fire Department EMS was called . . . ." (PD's L.R. 56(a)1 Stmt. at ¶ 28; Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 28.)

The parties dispute the exact moment when Mr. Gilbert was subdued by the Police Defendants. The plaintiffs contend that Mr. Gilbert "was well under control" before the firedepartment arrived on the scene, pointing again to the video. (Pl.'s PD L.R. 56(a)2 Stmt. at ¶ 28.) The Police Defendants present a different account, averring that the fire department arrived before Mr. Gilbert was under control and that "[e]ven after being handcuffed, Gilbert continued to struggle while being placed on the stretcher." (P.D's L.R. 56(a)2 Stmt. at ¶ 28.) "Gilbert appeared to...