Ford v. Anderson Cnty.

90 F.4th 736

Amber FORD; Regan Kimbrough; Donald Newsome, Plaintiffs—Appellants, v. ANDERSON COUNTY, TEXAS; Taket Holdings, L.L.C.; Adam Corley;Timothy Green; Greg Taylor; Robin Jones; Jonathan Strong;Jessica Carpenter; Alicia Wilson; Matthew Wickersham; Travis Wesson;Dakota Hughes; Todd Choate, Defendants—Appellees.

No. 22-40559

United States Court of Appeals, Fifth Circuit

FILED January 8, 2024

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 6:19-CV-384, Jeremy Daniel Kernodle, U.S. District Judge

Bruce K. Thomas, Law Office of Bruce K. Thomas, Dallas, TX, Donald Jay Larkin, Charles Nichols, Law Office of

Charles W. Nichols, P.C., Palestine, TX, for Plaintiffs-Appellants.

Robert Scott Davis, Esq., Lee Ina Correa, Flowers Davis, P.L.L.C., Tyler, TX, for Defendants-Appellees Anderson County, Texas Greg Taylor, Robin Jones, Jonathan Strong, Jessica Carpenter, Alicia Wilson, Matthew Wickersham, Travis Wesson, Dakota Hughes, Todd Choate.

Diana Melissa Navarro, Sprott Newsom Quattlebaum & Messenger, P.C., Houston, TX, Douglas Edward Markham, Houston, TX, for Defendant-Appellee Adam Corley.

David Ryan Herring Iglesias, James A. Evans, III, Attorney, Iglesias Law Firm, P.L.L.C., Tyler, TX, for Defendant-Appellee Timothy Green.

Before King, Willett, and Douglas, Circuit Judges.

Per Curiam:

On June 15, 2018, pretrial detainee Rhonda Newsome died in Anderson County Jail due to complications from Addison's disease. Newsome's family members filed a lawsuit under 42 U.S.C. § 1983 against Anderson County, Sheriff Greg Taylor, Dr. Adam Corley, Nurse Timothy Green, and several jailers. Plaintiffs allege that Defendants violated Newsome's Fourteenth Amendment rights as a pretrial detainee by failing to treat her chronic illness, resulting in a preventable death. The district court granted summary judgment for all Defendants and dismissed Plaintiffs' lawsuit with prejudice. After reviewing the record, we find that Plaintiffs have established genuine disputes of material fact regarding whether several Defendants violated Newsome's clearly established constitutional rights. We accordingly REVERSE the district court's grant of summary judgment for Defendants Timothy Green, Todd Choate, Jonathan Strong, Robin Jones, Matthew Wickersham, Jessica Carpenter, and Dakota Hughes, but we AFFIRM the district court's grant of summary judgment for Defendants Alicia Wilson, Travis Wesson, and TAKET Holdings, L.L.C. We AFFIRM IN PART the district court's grant of summary judgment for Adam Corley as related to Plaintiffs' supervisory claim against him, but we REVERSE the district court's grant of summary judgment for Dr. Corley as related to Plaintiffs' nonsupervisory claim. We also AFFIRM IN PART the district court's grant of summary judgment for Defendants Anderson County and Greg Taylor, but we VACATE the district court's denial of Plaintiffs' motion for leave to file a third amended complaint and REMAND with instructions to grant Plaintiffs leave to amend their pleadings to include additional supervisory and municipal liability claims. Finally, we AFFIRM the district court's denial of Plaintiffs' motion for sanctions.

I.

A.

This case involves the death of pretrial detainee Rhonda Newsome while in the custody of Anderson County Jail. Newsome had a history of several chronic conditions, including Addison's disease, an uncommon illness that occurs when the adrenal glands do not produce enough of certain hormones. If left untreated, Addison's disease can accelerate into an "Addisonian crisis," which requires immediate medical intervention. Early indicators of an Addisonian crisis may include severe weakness, pain in the lower back or legs, abdominal pain, vomiting, and low blood pressure. Addison's disease requires lifelong treatment, which is primarily accomplished through administering steroid medications. When Addison's disease patients are unmedicated for even brief periods of time, they can be at a high risk of experiencing an Addisonian crisis.

During Newsome's detainment, Anderson County contracted with Dr. Adam Corley, a private physician who provided medical care for detainees. Dr. Corley held the title of medical director of the jail. The County also employed Timothy Green, a registered nurse who worked at the jail part-time.

Anderson County Jail's health services plan states that medical care is to be provided to detainees twenty-four hours a day, and detainees are to be medically screened upon admission. Detainees with chronic illnesses are to undergo a medical assessment, and the jail physician is tasked with instituting a treatment regimen.

B.

Unless otherwise noted, the following facts are undisputed. Rhonda Newsome, age fifty, was arrested on March 9, 2018, following a domestic disturbance in which she allegedly chased her adult daughter with a pair of scissors. Newsome was charged with aggravated assault with a deadly weapon. After being treated at Palestine Regional Medical Center for back issues, Newsome was taken to Anderson County Jail on March 10, 2018, for pretrial detention.

According to her jail intake form, Newsome suffered from several medical conditions, including Addison's disease, fibromyalgia, seizures, joint or disc disease, spinal stenosis, and osteoarthritis. The form also indicates that Newsome was taking ten prescription medications at the time.

On March 11, Nurse Green examined Newsome. According to Green's deposition testimony, Green and Newsome discussed her medical history and medications, and Green instituted a verbal treatment plan to "continue the medications that [Newsome] was on." Green stated that this verbal treatment plan involved asking the jail staff to monitor Newsome and notifying Dr. Corley of any changes in her condition.

During the months of March, April, and May, Newsome had periodic medical issues. On April 4, Newsome accidentally took an extra dose of blood pressure medication. Nurse Green treated her with a liter of saline solution, placed her on medical observation with repeated blood pressure readings, and reexamined her the next day. Green noted in Newsome's medical activity log on April 5 that he would "attempt to obtain medical records."

On April 16 and April 18, Newsome complained of acid reflux, and jailers provided her with over-the-counter medication. On April 20, Nurse Green personally examined Newsome again and noted low blood pressure and bilateral leg swelling. Newsome was placed on medical observation, in which jailers logged her actions every fifteen minutes. Nurse Green further indicated that he would draw blood and report lab results to Dr. Corley, but it is disputed whether this blood draw occurred.

On May 11, about two months into Newsome's detention, Dr. Corley personally examined Newsome for the first and only time at the jail. Dr. Corley's notes indicate that Newsome was in "no distress" during the examination, and that her "chief complaint" was gas. Dr. Corley acknowledged that Newsome suffered from Addison's disease, and he made a note to follow up on medical records requests.

Plaintiffs allege that Newsome was never prescribed or systematically provided with steroids—the primary treatment for Addison's disease—during her ninety-seven-day detention. They also allege that Newsome did not have her blood drawn for monitoring until June 15, the day of her death.

On the evening of June 14, Newsome began vomiting and experiencing pain in her stomach and right flank area. After she complained to jail staff, Nurse Green visited the jail around midnight to personally examine her.¹ Green claims that he consulted with Dr. Corley by phone, and that per Dr. Corley's instructions he administered one liter of saline and fifty milligrams of Phenergan for nausea treatment. Green testified that Newsome complained of "some mild nausea and some vomiting," but that she had stable vital signs and appeared alert and oriented. Green also claims that he asked Newsome if she wanted to go to the hospital, but Newsome declined.

After Green purportedly treated Newsome late on June 14, Newsome was placed on medical observation and jail staff were instructed to move her into a holding cell where she could be observed through the night. Video footage indicates that jail staff checked on Newsome thirty-one times during the seventeen-hour period between midnight on June 14 and her death in the afternoon of June 15.

Plaintiffs have presented affidavit evidence from other detainees in nearby cells on the night of June 14 through June 15 indicating that during this seventeen-hour period, Newsome was in grave distress from a severe Addisonian crisis. Detainee Edward Jimenez, who was in a cell adjacent to Newsome's cell, testified that Newsome repeatedly cried and screamed during the night, repeating phrases such as "help-help," "I'm hurting bad," "please help," "Lord help me," "take me to the hospital," and "I need a doctor." Jimenez reports being unable to sleep due to the noise. He also claims that nearby jailers appeared to be ignoring Newsome's cries and pleas for help.

Detainee Ashley Lyons, who was in a cell adjacent to Newsome's cell on June 15, testified that she repeatedly heard Newsome groaning and saying that she needed to go to the hospital. Lyons reports that Newsome's cries for help were loud enough to wake her up on several occasions.

Detainee Charles Patrick Sweet, who was near Newsome's holding cell, testified that during the middle of the night he heard "a female voice coming from the processing area repeatedly crying out loudly that she needed [a] doctor and that she needed to go to the hospital."

Around 1:30 a.m. on June 15, A'rhonda Kelli Schuckers, an inmate and trustee at Anderson County Jail, assisted in removing Newsome from her cell for a shower. Newsome was unable to walk on her own; she had to be supported on both sides by a trustee and a jailer. While cleaning Newsome's cell during the shower, Schuckers noticed that Newsome had vomited...