Grubbs v. Weld Cnty. Sheriff's Office, Bd. of Cnty. Comm'rs of the Cnty. of Weld, Correct Care Solutions, LLC

ESTATE OF BARTON GRUBBS and TANYA SMITH, individually and as thepersonal representative of the Estate of Barton Grubbs, Plaintiffs, v. THE WELD COUNTY SHERIFF'S OFFICE, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,CORRECT CARE SOLUTIONS, LLC, and CHRISTIN HERNANDEZ,in her Individual and Official Capacity, Defendants.

Civil Action No. 16-cv-00714-PAB-STV

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

June 26, 2018

Judge Philip A. Brimmer

ORDER

This matter is before the Court on the Rule 702 Motion to Exclude Dr. Metzner's Testimony [Docket No. 138] filed by defendants Correct Care Solutions, LLC and Christin Hernandez, Defendants the Weld County Sheriff's Office and the Board of County Commissioners of the County of Weld's Motion for Summary Judgment [Docket No. 139], and CCS and Nurse Hernandez's Motion for Summary Judgment [Docket No. 144]. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367.

I. BACKGROUND¹

Shortly after midnight on March 27, 2014, Colorado State Patrol Trooper TravisTyndall arrested Barton Grubbs for failing to drive in a single lane and driving while under the influence of alcohol or drugs. Docket No. 139 at 2, ¶ 1; Docket No. 144 at 2, ¶ 1. At Mr. Grubbs' request, Trooper Tyndall retrieved Mr. Grubbs' medications - a bottle of Valium and a bottle of Percocet - from the back seat of Mr. Grubbs' vehicle. Docket No. 139 at 2-3, ¶¶ 2-3; Docket No. 144 at 2, ¶¶ 4, 6. The generic name for Valium is diazepam, while Percocet consists of both oxycodone and acetaminophen. Docket No. 144 at 9, ¶ 65.² Mr. Grubbs subsequently requested medical assistance for pain. Docket No. 139 at 3, ¶ 4; Docket No. 144 at 2, ¶ 7. Mountain View Fire Paramedics met Trooper Tyndall and Mr. Grubbs at a Colorado State Patrol substation, where they cleared Mr. Grubbs for transport to the Weld County Jail. Docket No. 139 at 3, ¶ 6; Docket No. 144 at 2, ¶ 8. After the paramedics confirmed that there was no indication Mr. Grubbs was abusing his prescriptions, Docket No. 144 at 2, ¶ 9; Docket No. 144-1 at 4, Mr. Grubbs was permitted to take one Valium and one Percocet in the presence of Trooper Tyndall and the paramedics. Docket No. 139 at 3, ¶ 7; Docket No. 144 at 2, ¶ 10. In preparation for transport to the Weld County Jail, Trooper Tyndall had Mr. Grubbs put on his coat and place his medications in his coat pocket. Docket No. 139 at 3, ¶ 8; Docket No. 144 at 3, ¶¶ 12-13. Mr. Grubbs was then transported to the jail with his hands cuffed behind his back. Docket No. 139 at 3, ¶ 9; Docket No. 144 at 3, ¶¶ 15-16.

Once they had arrived at the Weld County Jail, Trooper Tyndall escorted Mr. Grubbs from the sally port into the booking vestibule. Docket No. 139 at 3, ¶ 10;Docket No. 144 at 3, ¶ 17. A sign on the door between the sally port and the booking vestibule stated: "STOP ALL ARRESTEES WILL NOT BE ACCEPTED UNLESS THEY ARE RESTRAINED BEHIND THEIR BACK OR BELLY BELTED." Docket No. 139 at 4, ¶ 11; Docket No. 144 at 3, ¶ 18; Docket No. 144-4.³ When they were inside the booking vestibule, Trooper Tyndall removed Mr. Grubbs' handcuffs and had him take a seat on a bench. Docket No. 139 at 4, ¶ 12; Docket No. 144 at 4, ¶ 21. Trooper Tyndall then turned his back to Mr. Grubbs and began preparing Mr. Grubbs' arrest paperwork. Docket No. 139 at 4, ¶ 13; Docket No. 144 at 4, ¶ 23. While Trooper Tyndall's back was turned, Mr. Grubbs took the pill bottles out of his pocket and ingested all of the Valium and all but 1 1/2 of his Percocet pills. Docket No. 139 at 4, ¶ 14; Docket No. 144 at 4, ¶ 25.

Deputy Eric Sutherland, of the Weld County Sheriff's Department, arrived in the booking vestibule and informed Trooper Tyndall that arrestees must remain restrained until uncuffed by a Weld County Sheriff Deputy. Docket No. 139 at 4, ¶ 15; Docket No. 144 at 4, ¶ 26.⁴ Trooper Tyndall advised Deputy Sutherland that Mr. Grubbs hadmedications on his person. Docket No. 139 at 4, ¶ 16; Docket No. 144 at 4, ¶ 28. Deputy Sutherland called Nurse Christin Hernandez, an employee of CCS, to check Mr. Grubbs' medication into the jail. Docket No. 139 at 5, ¶¶ 19, 21; Docket No. 144 at 4, 7, ¶¶ 29, 44; Docket No. 169 at 3, ¶ 19; Docket No. 145-2 at 1. W hile he was waiting for Nurse Hernandez to arrive, Deputy Sutherland searched Mr. Grubbs and found the medication bottles. Docket No. 139 at 5, ¶ 17; Docket No. 144 at 5, ¶ 30. After seeing the bottles, Trooper Tyndall told Deputy Sutherland and Nurse Hernandez that there was a possibility that an unknown number of pills were missing or that he could be mistaken as to what the bottles originally contained. Docket No. 139 at 6, ¶ 26; Docket No. 144 at 5, ¶ 36.⁵ Trooper Tyndall and Deputy Sutherland both asked Mr. Grubbs if he had taken any additional medication; Mr. Grubbs responded "no." Docket No. 139 at 6, ¶¶ 25, 27; Docket No. 144 at 5, ¶¶ 33-34. Deputy Sutherland asked Mr. Grubbs if he had ever attempted suicide or if he would tell Deputy Sutherland if he had thoughts of suicide. Docket No. 139 at 6, ¶ 30; Docket No. 144 at 6, ¶ 40. Mr. Grubbs responded "no" to both questions. Docket No. 139 at 6, ¶ 30; Docket No. 144 at 6, ¶ 40. Deputy Sutherland requested a suicide staffing for Mr. Grubbs. Docket No. 139 at 7, ¶ 36; Docket No. 144 at 7, ¶ 45. Nurse Hernandez also took Mr. Grubbs' vital signs. DocketNo. 139 at 7, ¶ 32; Docket No. 144 at 6, ¶ 42.⁶

Nurse Hernandez and Deputy Jennifer Lenderink then conducted Mr. Grubbs' suicide staffing. Docket No. 139 at 8, ¶ 41; Docket No. 144 at 7, ¶ 46.⁷ During the staffing, Mr. Grubbs indicated that he had had thoughts of suicide in the past but was not currently suicidal. Docket No. 139 at 8-9, ¶ 42; Docket No. 144 at 7, ¶ 48; Docket No. 139-8 at 2-3.⁸ After initially denying that he took any extra medications, Mr. Grubbs admitted to Nurse Hernandez and Deputy Lenderink that he had taken approximately 70 Valium pills in the booking vestibule. Docket No. 139 at 9, ¶¶ 44-45; Docket No. 144 at 7-8, ¶¶ 51-53.⁹ After taking Mr. Grubbs' vital signs a second time, Docket No. 139 at 9, ¶ 47; Docket No. 144 at 8, ¶ 55, Nurse Hernandez and Deputy Lenderink placed Mr. Grubbs on Level 1 suicide watch and assigned him to housing Unit 6. Docket No. 139at 10, ¶ 51; Docket No. 144 at 8, ¶ 56.¹⁰ At some point between 8:30 a.m. and 8:53 a.m., Mr. Grubbs was found unresponsive in his cell. Docket No. 139 at 11, ¶ 60; Docket No. 144 at 9, ¶ 63; Docket No. 164 at 8, ¶ 63; Docket No. 144-22 at 2; Docket No. 164-13 at 3. Mr. Grubbs was transported to Northern Colorado Medical Center where he died on March 28, 2014. Docket No. 139 at 11, ¶ 61; Docket No. 139-13 at 2.¹¹ The autopsy report lists Mr. Grubbs' cause of death as "complications of combined diazepam and oxycodone toxicity" and the manner of death as "suicide." Docket No. 139 at 12, ¶ 63; Docket No. 144 at 9, ¶¶ 64, 66.

Plaintiffs filed this lawsuit on March 25, 2016. Docket No. 1. The operative complaint, filed on July 26, 2016, asserts six claims for relief: (1) wrongful death under Colo. Rev. Stat. § 13-21-202; (2) a claim for expenses related to Mr. Grubbs' death under Colo. Rev. Stat. § 13-20-101; (3) deliberate indifference to medical needs under 42 U.S.C. § 1983; (4) adoption of an official policy under 42 U.S.C. § 1983; (5) failure to adequately train or supervise under 42 U.S.C. § 1983; and (6) common law negligence. Docket No. 66 at 22-34, ¶¶ 187-285. Plaintiffs' first through third claims for relief are asserted against all defendants, whereas plaintiffs' fourth and fifth claims are asserted only against the Weld County defendants, and their sixth claim is asserted only against Nurse Hernandez. See id. On August 9, 2016, Magistrate Judge Nina Y. Wang granted defendants' motion to designate Trooper Tyndall as a non-party at fault underColo. Rev. Stat. § 13-21-111.5(3)(b). Docket No. 75.¹² On March 8, 2017, this Court dismissed plaintiffs' third claim for relief as to CCS and the Weld County defendants. Docket No. 92 at 21-22. The Court further dismissed plaintiffs' fourth and fifth claims for relief in their entirety. Id.

On January 17, 2018, the CCS defendants filed a motion to exclude the testimony of plaintiffs' expert, Dr. Jeffrey L. Metzner, pursuant to Fed. R. Evid. 702. Docket No. 138. On January 24, 2018, the Weld County defendants filed a motion for summary judgment on plaintiffs' wrongful death claims. Docket No. 139. On February 7, 2018, the CCS defendants filed a motion for summary judgment seeking dismissal of CCS from the lawsuit and an order declaring Trooper Tyndall negligent as a matter of law. Docket No. 144.

II. MOTION TO EXCLUDE PURSUANT TO RULE 702

The Court will begin by addressing the CCS defendants' Rule 702 motion.

A. Legal Standard

The admissibility of expert testimony is governed by Federal Rule of Evidence 702, which provides:

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case.

Fed. R. Evid. 702. As the rule makes clear, while required, it is not sufficient that an expert be qualified based upon knowledge, skill, experience, training, or education to give opinions in a particular subject area. Instead, the Court m ust "perform[] a two-step analysis." 103 Investors I, L.P. v. Square D Co., 470 F.3d 985, 990 (10th Cir. 2006). After determining whether the expert is qualified, the Court must assess whether the specific proffered opinions are reliable. See id.; Fed. R. Evid. 702 (requiring that the testimony be "based on sufficient facts or data," be the "product of reliable principles and methods," and...