Gonzalez v. Pierce Cnty. Executives Dammeier & McCarthy

SEBASTIAN GONZALEZ, Respondent, v. PIERCE COUNTY EXECUTIVES BRUCE DAMMEIER AND PAT MCCARTHY, COUNTY OF PIERCE, PIERCE COUNTY SHERIFF'S DEPARTMENT, PIERCE COUNTY JAIL, ACTING SERGEANT(S) OF PIERCE COUNTY JAIL (FROM 7/8/15-PRESENT), JOHN DOE(S), PIERCE COUNTY SHERIFF'S DEPUTY N. LEE #01-052, PIERCE COUNTY SHERIFF'S DEPUTY T. DICKERSON #96-086, PIERCE COUNTY SHERIFF'S DEPUTY DEFLIPPIS, PIERCE COUNTY SHERIFF'S DEPUTY #96-016; PIERCE COUNTY SHERIFF'S DEPUTY #05-004, PIERCE COUNTY JAIL CLINIC STAFF MEMBERS WHO TREATED PLAINTIFF FOR INJURIES ON 7/8/15, Petitioners, CORRECT CARE SOLUTIONS, LLC, a Limited Liability Company doing business in Washington State, Defendant.

No. 55120-9-II

Court of Appeals of Washington, Division 2

April 19, 2022

UNPUBLISHED OPINION

MAXA J.

Pierce County seeks review of the trial court's denial of summary judgment regarding Sebastian Gonzalez's negligence claim against the County. The claim relates to injuries Gonzalez sustained when he fell down the stairs while detained in the Pierce County Detention and Corrections Center (PCDCC). He asserts that he was negligently placed in a cell located on the second tier of the PCDCC despite his documented history of chronic multiple sclerosis, which made it difficult for him to walk.

Gonzalez's multiple sclerosis was noted at intake by Correct Care Solutions LLC (CCS), the County's medical contractor when Gonzalez was incarcerated in the PCDCC less than a month before the fall. During that incarceration, he was housed on the lower tier because of his multiple sclerosis. At a second intake a week before the fall, Gonzalez's multiple sclerosis again was noted but he was placed on the second tier of the PCDCC. He alleges that he tripped and fell while using the stairs to access food located on the lower tier.

We hold that there are genuine issues of material fact as to whether (1) the decision where to house Gonzalez during his second incarceration in the PCDCC was made by the County or by CCS (2) the decision to place Gonzalez in a cell on the second tier during his second incarceration was a breach of both the County's and CCS's duty to safely house him, and (3) the County's and CCS's alleged breach of its duty was a proximate cause of Gonzalez's injury. Accordingly, we affirm the trial court's denial of the County's summary judgment motion.

FACTS

Background

Gonzalez was diagnosed with multiple sclerosis in 2008. Since then his condition had progressively worsened and caused increased weakness in his limbs. It was difficult for him to walk in a straight line. Walking up or down stairs was especially difficult. By 2015, Gonzalez walked with a noticeable limp such that people believed he was intoxicated when he was in public places because he was very unstable and looked like he was about to fall over when he walked.

The PCDCC consisted of least two floors, otherwise referred to as tiers. The only way for inmates to access food at meal times was by picking up a meal tray from the lower tier. And after eating, inmates had to return their trays to the lower tier.

At the time of the incident, CCS served as the County's medical contractor and conducted preliminary medical examinations for new inmates. As part of the intake process, a CCS booking nurse completed a six-page receiving screening document that consisted of a series of checkboxes regarding an inmate's general health. The receiving screening document included a section for documenting an inmate's health issues and a section titled "Placement/Housing" with a number of checkboxes, including whether an inmate was fit for general population.

The County generated a separate information report as part of the booking process for an inmate. Under the booking information section, the information report listed which officer booked an inmate and what cautions were noted at booking. First Admission to PCDCC

On June 12, 2015, Gonzalez was incarcerated in the PCDCC. A CCS booking nurse conducted a medical examination of Gonzalez and completed the receiving screening document regarding his general health. The nurse noted in the "Patient Problems" section that Gonzalez suffered from chronic multiple sclerosis, but the nurse stated in the "Placement/Housing" section that he could be released to the general population.

That same day, a notation on the County-generated information report stated "Low Bunk/Tier - Multiple Sclerosis" after "Cautions noted at booking." Clerk's Papers (CP) at 388. The County observation report stated, "Report: please place [inmate] low bunk/low tier for duration of stay. [Inmate] can use wheelchair for long distance of transportation." CP at 394. Gonzalez was placed on the lower tier. Second Admission to PCDCC

On July 1, Gonzalez again was incarcerated in the PCDCC and went through the same intake process as for his earlier incarceration on June 12. The CCS receiving screening document referenced that Gonzalez had multiple sclerosis as observed at the June 12 intake. The receiving screening document again noted that Gonzalez could be released to the general population. Unlike on the June 12 intake, the County-generated information report did not include any notation that Gonzalez needed a low bunk/tier placement. The "Cautions noted at booking" line was left blank. CP at 390. Gonzalez was placed in a cell on the second tier.

On July 5, the County's information report stated that Gonzalez was moved to a different cell for an "OJC move," a notation not explained in the record. CP at 181. Gonzalez remained on the second tier.

On July 8, Gonzalez was taking his meal tray from breakfast down the stairs when he tripped and fell. Multiple inmates confirmed that Gonzalez had fallen down the stairs, but none of the correctional officers saw the actual fall. Gonzalez sustained scratches on his knees and elbow and started limping more heavily because of a leg injury.

Gonzalez was taken to medical and then was transferred to a cell located on the lower tier. The County observation report dated July 8 stated that he should have a low bunk/low tier due to his "chronic medical concern." CP at 392.

Complaint and Summary Judgment

Gonzalez filed a complaint against a number of people associated with the County and the PCDCC and against CCS, asserting various federal and state causes of action. The causes of action included multiple claims under 42 U.S.C. § 1983, negligent infliction of emotional distress, disability discrimination, and records retention claims.

Gonzalez later filed an amended complaint that added general negligence of the County and related defendants as a new cause of action. Gonzalez's complaint alleged that the County and its officials, officers, and departments breached their duty to safely house him and provide him with safe access to food and water. The amended complaint alleged that Gonzalez fell down the stairs as a result of his placement on the second floor, and that the actions of the County and its agents were the proximate cause of his injuries. Gonzalez did not assert this general negligence cause of action against CCS.

The County filed a summary judgment motion on Gonzalez's negligence claim, arguing a lack of evidence that (1) it had breached its duty of care and (2) the housing placement was a proximate cause of Gonzalez's injury. The motion was supported by a declaration from PCDCC correctional captain Brian Sutherlin.

Sutherlin stated in his declaration that CCS was the County's medical contractor at the time of the incident and that CCS generated the receiving screening document. Sutherlin noted that the CCS booking nurse determined that Gonzalez had no special needs for housing and could be assigned to general population. In addition, the County generated Gonzalez's information report and that no cautions were noted at booking. Sutherlin stated that neither he nor any other County correctional officer determined where inmates with medical issues were housed or assigned inmates to low bunk/low tier because of medical conditions. He stated that CCS made those determinations.

Gonzalez submitted a declaration in opposition to the County's summary judgment motion. He explained how multiple sclerosis affected his ability to walk as summarized above.

Gonzalez also alleged that his multiple sclerosis was very obvious and that it was very obvious to anyone watching him that it was very difficult for him to walk stairs. In addition, he stated that it was very difficult for him to walk the stairs for meals when he was housed on the second floor. He stated that every day he struggled to walk up and down the stairs for meals.

Gonzalez stated that within one day of the July 1 intake, he complained to a correctional officer that he was not supposed to be on the second tier because of his multiple sclerosis. The correctional officer told him to write a kite (a medical request form) to medical, which he did, but it had no effect. As a result, Gonzalez stated that he wrote a second kite but that he received no response. Gonzalez's description of his fall was as follows: "On July 8, 2015, I was taking my tray down from breakfast when I tripped and fell." CP at 315.

The trial court dismissed under CR 12(b)(6) all of Gonzalez's claims asserted in his amended complaint against the County and related entities other than his negligence claim. Regarding the County's summary judgment motion on the negligence claim, the court granted Gonzalez's CR 56(f) motion for additional time to conduct discovery on the issues of breach of duty and causation.

The County subsequently renoted its summary judgment motion. CCS also filed a summary judgment motion regarding any medical negligence claims Gonzalez had asserted. At that point Gonzalez still had not conducted any...