Freeman v. (1) Stanley Glanz

CATHERINE LEE FREEMAN, Plaintiff, v. (1) STANLEY GLANZ, in his individual capacity;(2) VIC REGALADO, TULSA COUNTY SHERIFF, in his official capacity; and(3) ARMOR CORRECTIONAL HEALTH SERVICES, INC., a foreign corporation, Defendants.

Case No. 16-CV-534-JHP-PJC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA

August 29, 2018

OPINION & ORDER

Before the Court are (1) Defendant Armor Correctional Health Services, Inc.'s ("Armor") Motion for Summary Judgment (Dkt. 43) and (2) Defendants Stanley Glanz ("Glanz") and Vic Regalado's ("Regalado") Motion for Summary Judgment (Dkt. 46). Also before the Court are motions to strike two exhibits filed by the Plaintiff (Dkts. 71, 72, 82). After consideration of the briefs, and for the reasons stated below, the Motions are GRANTED.

BACKGROUND

On September 15, 2014, Plaintiff Catherine Freeman ("Plaintiff") was arrested and booked into the David L. Moss Criminal Justice Center ("DLM") for Driving Under the Influence Second Offense and Leaving the Scene of a Property Damage Accident. (Dkt. 43-2 (Arrest and Booking Data)).¹ After being booked into DLM, Plaintiff received a patient intake health screening. (Dkt. 43-1 (Armor Records)). According to Armor's records, Plaintiff reported no history of epilepsy or seizures, and no history of drug withdrawal problems, at the initial screening. (Id. at 9, 11). Plaintiff disclosed she took opioids (Percocet) daily. (Id. at 10).

On September 16, 2014, at 1:45 p.m., Plaintiff submitted an inmate request, stating she was detoxing off Lexapro, Valium, and Percocet and requesting help with her depression and anxiety. (Dkt. 43-4 (Inmate Requests), at 2). An Armor provider responded later that day with a statement that a mental health professional would come to assess her. (Id.). Between September 17 and September 23, 2014, Plaintiff was assessed nine times by medical staff—twice on September 17th, twice on September 18th, and once on September 19th, 20th, 21st, 22nd, and 23rd. (Dkt. 43-1 (Armor Records), at 32-49, 81, 83-84). At these assessments, Armor's records reflect Plaintiff inconsistently reported her history of seizures and her current medications. (Id.). At her deposition, Plaintiff testified she had previously suffered one seizure, in 2007, caused by a high fever, but that she had never had aseizure caused by drug withdrawal. (Dkt 43-3 (Plaintiff Deposition), 21:21-22:6, 24:21-25, 95:5-22).

On September 17, 2014, Plaintiff reported diarrhea, for which an LPN administered Kaolin-Pectin (Bismuth Subsalicylate), but Plaintiff did not complain of seizures. (Dkt. 43-1 (Armor Records), at 33-35, 70; Dkt. 43, at 3 (Armor's Uncontroverted Fact No. 12)). Also on September 17th, Plaintiff submitted an inmate request form, asking to be seen for her PTSD, panic disorder, major depression, and agoraphobia. (Dkt. 43-4 (Inmate Requests), at 2). An Armor provider responded later that day, stating she was scheduled to see a Mental Health Professional. (Id.).

On September 18, 2014, Plaintiff submitted a sick call request form, complaining of withdrawal from Percocet, Morphine, Valium, Trazodone, and Lexapro. (Dkt. 43-1 (Armor Records), at 111). She reported an inability to sleep all night, intense stomach pain and diarrhea, blood in her stool, weakness, and inability to eat. (Id.). Armor records indicate she was seen in the medical unit on the same day. (Id.).² Armor records also show Dr. Thomas Gable was contactedto report Plaintiff's withdrawal symptoms. (Id. at 39). The records indicate Dr. Gable ordered to start Plaintiff on Clonidine (withdrawal medication) and Phenergan. (Id.). Armor records show Plaintiff regularly received Clonidine, Phenergan, and other medication between September 18 and September 23, 2014, although on some occasions Plaintiff did not receive Clonidine because her blood pressure was too low. (Id. at 70-72).

On September 20, 2014, Plaintiff submitted two inmate request forms related to health care. In the first request, Plaintiff asked to have her blood pressure rechecked for detoxification, and she requested Clonidine for detox. (Dkt. 43-4 (Inmate Requests), at 3). In the second request, Plaintiff asked to be seen by a psychiatrist for depression and anxiety, stating, "after being off my meds, I become tearful, withdrawn, racing thoughts, insomnia, and then feel suicidal. Help." (Id.). Later that day, Plaintiff was assessed for back pain by medical staff and given acetaminophen. (Dkt. 43-1 (Armor Records), at 42-43). On September 21, 2014, in response to her complaint of feeling suicidal, Plaintiff was placed in the medical unit on suicide watch. (Dkt. 43-4 (Inmate Requests), at 3). That same day, Plaintiff submitted an inmate request stating she was not suicidal and just needed to see the psychiatrist or therapist. (Id. at 4).

On September 23, 2014, Plaintiff received a mental health evaluation from an LPC. (Dkt. 43-1 (Armor Records), at 49). Plaintiff reported she was not suicidal but was suffering from side effects, and she requested her medications. (Id.). Plaintiff did not report any seizures. (Id. at 50). Plaintiff was released from suicide watch on September 23, 2014. (Dkt. 43-10 (DLM Inmate Housing History)). That same day, an LPN contacted Dr. Gable to report that Plaintiff was at the end of detox but still nauseated. (Dkt. 43-1 (Armor Records), at 53). Dr. Gable ordered to continue administering Phenergan. (Id.). Plaintiff did not submit any health care requests or medical complaints between September 24, 2014, and October 2, 2014. (Id.).³

On the morning of October 3, 2014, Plaintiff was found unresponsive on the floor with blood on her hands. (Dkt. 43-12 (Jail Shift Report)). A medical emergency was called, and Plaintiff was taken immediately to the medical unit. (Id.). In the medical unit, Plaintiff was assessed by an LPN, who noted she was found lying on her right side, unresponsive to pain stimuli and shaking, with blood in her hair and on her face. (Dkt. 43-1 (Armor Records), at 54). The nurse furthernoted she was unable to obtain any vital signs except respiration and temperature, due to her shaking. (Id.).⁴ The nurse called Dr. Gable within minutes of Plaintiff's arrival at the medical unit, and Dr. Gable advised he was on his way to assess Plaintiff. (Id.). Dr. Gable assessed Plaintiff, reviewed her history of anxiety and panic attacks, and noted she had no seizure history. (Id. at 107). Dr. Gable noted a small wound on her chin, to which he applied a steri-strip. (Id. at 107-08). He ordered neurological checks every two hours and 23 hours of observation in the medical unit. (Id. at 108, 110). Plaintiff was given a dose of Hydroxyzine Pamoate. (Id. at 72).

In the Segregated Unit under observation, Plaintiff was checked approximately every thirty minutes. (Dkt. 43-13 (Segregated Activity Record)). Plaintiff was noted as being awake and voiced no needs from October 3, 2014, at 10:45 a.m. through October 4, 2014, at 3:33 a.m., at which time Plaintiff was noted to be asleep. (Id. at 5; Dkt. 43, at 6 (Armor's Uncontroverted Fact No. 33)). At6:00 a.m. on October 4, 2014, Plaintiff was noted to be awake and calm. (Dkt. 43-13 (Segregated Activity Record); Dkt. 43, at 6 (Armor's Uncontroverted Fact No. 33)).

At approximately 11:18 a.m. on October 4th, Plaintiff was observed having possible seizure-like activity. (Dkt. 43-14 (Dr. Gable Statement); Dkt. 43, at 6 (Armor's Uncontroverted Fact No. 34)). A nurse began responding to Plaintiff's condition with stimulation, but Plaintiff remained unresponsive. (Dkt. 43-15 (Jail Incident Report); Dkt. 43, at 6 (Armor's Uncontroverted Fact No. 35)). A medical emergency was called, and Nurse Cynthia Fairchild and Dr. Gable responded to the emergency. (Dkt. 43-1 (Armor Records), at 59-60; Dkt. 43-14 (Dr. Gable Statement); Dkt. 43-15 (Jail Incident Report)). Nurse Fairchild noted Plaintiff was having "seizure activity," with white foam coming from her mouth, clenching of her teeth and hands, and contraction of her feet. (Dkt. 43-1 (Armor Records), at 60). Dr. Gable ordered Plaintiff be given Benadryl 50 mg, which temporarily resolved the symptoms. (Id.). Dr. Gable ordered she be transferred to a room with a camera and be placed on a boat. (Dkt. 43-14 (Dr. Gable Statement)). However, as Plaintiff was being moved, she began seizing again and became cyanotic (blue discoloration). (Id.). Her pulse oximeter dropped, and Dr. Gable ordered oxygen and Ativan to be given. (Id.). Plaintiff was moved into the hallway and suction atthe mouth was attempted, but Plaintiff's teeth remained clenched. (Dkt. 43-1 (Armor Records), at 60). At 11:45 a.m., Dr. Gable ordered 911 to be called to transport Plaintiff to the emergency room, and an ambulance arrived at approximately 11:55 a.m. (Id.). Once the EMSA ambulance arrived, Armor providers turned over Plaintiff's care to the emergency responders. (Dkt. 43, at 7 (Armor's Uncontroverted Fact No. 41)).

On October 5, 2014, Dr. Gable spoke with Plaintiff's treating provider at OSU Medical Center, who stated Plaintiff had bilateral pneumothorax (collapsed lung). Dkt. 43, at 7 (Armor's Uncontroverted Fact No. 42); Dkt. 43-1 (Armor Records), at 108); Dkt. 43-14 (Dr. Gable Statement)). Dr. Gable noted Plaintiff did not have these issues prior to her transfer to the emergency room, but he did observe the emergency providers had difficulty intubating her, as Plaintiff was bucking and on the floor in a boat. (Dkt. 43, at 7 (Armor's Uncontroverted Fact No. 42); Dkt. 43-1 (Armor Records), at 108). Dr. Gable later noted the hospital had informed him that Plaintiff had suffered an esophageal perforation from a traumatic intubation. (Dkt. 43-1 (Armor Records), at 109).

Armor has submitted a medical expert report from Dr. David Hellerstein, M.D., Ph.D, C.C.H.P. (Dkt. 43-6). Dr. Hellerstein's opinion as an internist and expert in correctional health care is that on October 4, 2014, Plaintiff suffered anesophageal perforation as a complication of...