Lara-Grimaldi v. Cnty. of Putnam

529 F.Supp.3d 88

Nancy LARA-GRIMALDI, individually and as Administratrix of the Estate of Alexandra Grimaldi, Plaintiff,

v.COUNTY OF PUTNAM, et al., Defendants.

No. 17-CV-622 (KMK)

United States District Court, S.D. New York.

Signed March 29, 2021

David Bruce Rankin, Esq., Keith Michael Szczepanski, Esq., Beldock Levine & Hoffman LLP, New York, NY, Counsel for Plaintiff.

James A. Randazzo, Esq., Portale Randazzo LLP, White Plains, NY, Counsel for County Defendants.

Drew William Sumner, Esq., Sumner Law LLP, White Plains, NY, Counsel for County Defendants.

Caroline Beth Lineen, Esq., Lewis R. Silverman, Esq., Silverman and Associates, White Plains, NY, Counsel for Michelle Nigro.

OPINION & ORDER

KENNETH M. KARAS, District Judge:

Plaintiff Nancy Lara-Grimaldi ("Plaintiff"), individually and as Administratrix of the Estate of Alexandra Grimaldi ("Grimaldi"), brings the instant Action against Putnam County Sergeant Karen Jackson ("Jackson"), Sergeant William Spinelli ("Spinelli"), Correction Officer Steven Napolitano ("Napolitano"), Correction Officer Jennifer Wilkinson ("Wilkinson"), Correction Officer Keith Puhekker ("Puhekker"), Correction Officer Michelle Nigro ("Nigro"), Correction Officer John Cassidy ("Cassidy"), John and/or Jane Doe Officers, and John and/or Jane Doe Medical Officials ("Does"; collectively, "Individual Defendants"), and the County of Putnam ("Putnam County"; together with all Individual Defendants except Nigro, the "County Defendants"), for the wrongful death of Grimaldi due to her attempted suicide while in pretrial detention at the Putnam County Correctional Facility ("PCCF"). (See generally Second Am. Compl. ("SAC") (Dkt. No. 74).)¹ Plaintiff maintains six claims: (1) a federal claim under 42 U.S.C. § 1983 against the Individual Defendants for deliberate indifference to Plaintiff's Fourteenth Amendment rights; (2) a federal claim under 42 U.S.C. § 1983 against Putnam County for Monell violations; (3) a state law wrongful death claim against Putnam County and the Individual Defendants; (4) a state constitutional law claim under Article I § 6 against Putnam County and the Individual Defendants; (5) a state law negligence claim against Putnam County and the Individual Defendants; and (6) a state law respondeat superior claim against Putnam County. (See generally id. ) Before the Court is Nigro's Motion For Summary Judgment (the "Nigro Motion"), (see Not. of Mot. for Summ. J. ("Not. of Nigro Mot.") (Dkt. No. 125)), and the County Defendants’ Motion For Summary Judgment (the "Motion"), (see Not. of Mot. (Dkt. No. 129)). For the reasons that follow, the Motions are granted in part and deferred in part.

I. Background ²

A. Factual Background

The following facts are taken from Defendants’ statements pursuant to Local Civil Rule 56.1, (Defs.’ Rule 56.1 Statement ("Defs.’ Statement") (Dkt. No. 132); Local Civil Rule 56.1 Statement of Material Facts ("Nigro Statement") (Dkt. No. 127)), Plaintiff's Second Amended Complaint, (SAC), and admissible evidence submitted by the Parties. Unless otherwise noted, these facts are uncontested.

1. October 27, 2015

On October 27, 2015, Grimaldi was arrested for two drug-related misdemeanors, including criminal possession of a hypodermic needle. (Defs.’ Statement ¶ 21; Nigro Statement ¶¶ 7, 9; Pl.’s Resp. to County Defs.’ Local Rule 56.1 Statement ("Pl.’s Statement") 4–5, 19 (Dkt. No. 137); SAC ¶¶ 30–34; Decl. in Supp. of Mot. ("Silverman Decl.") Ex. C ("Police Records") 809 (Dkt. No. 126-3).)³ She also had seven empty heroin bags. (Police Records 809.) Grimaldi was arrested after visiting her father, who observed that nothing seemed out of the ordinary, she was not in physical distress apart from a knee injury, and she was "fine." (Nigro Statement ¶¶ 2–3; Pl.’s Statement 18; Silverman Decl. Ex. M ("F. Grimaldi Dep.") 15–17 (Dkt. No. 130-24).)

After being arraigned, Grimaldi was remanded and transported to PCCF. (Defs.’ Statement ¶¶ 22–23; Nigro Statement ¶¶ 10, 12–14; Pl.’s Statement 5, 19–20; SAC ¶ 34; Decl. of James A. Randazzo ("Randazzo Decl.") Ex. K ("Napolitano Dep.") 28–29 (Dkt. No. 130-11); Police Records 805, 811.) Grimaldi had been incarcerated at PCCF several times prior to her arrest. (See generally Randazzo Decl. Ex. G ("Prior Screenings") (Dkt. No. 130-7).) Several staff remembered Grimaldi. For example, Colello testified that he knew Grimaldi to be a heroin user with depression and bipolar disorder who had previously attempted suicide. (Randazzo Decl. Ex. P ("Colello Dep.") 42 (Dkt. No. 130-16).) This knowledge came from once booking Grimaldi. (Id. at 41.) However, Colello testified to "many interactions with [Grimaldi]," because "it's a small jail." (Id. at 43.) Based on this knowledge, Colello would have expected Grimaldi to report that she expected to experience withdrawal symptoms. (Id. at 49.) Wilkinson testified that she understood Grimaldi to have drug addiction issues. (Randazzo Decl. Ex. M ("Wilkinson Dep.") 45 (Dkt. No. 130-13).) Giampaolo testified that she knew Grimaldi to be "bipolar" and "a drug user," and stated that she would want to make sure to watch for signs of detoxification. (Randazzo Decl. Ex. T ("Giampaolo Dep.") 47, 48 (Dkt. No. 130-20).)

Napolitano, who was working as the booking officer, rejected Grimaldi from intake because of a two-day old laceration on her knee. (Defs.’ Statement ¶¶ 24, 27; Nigro Statement ¶¶ 15–17, 19; Pl.’s Statement 5, 20, 21; Napolitano Dep. 28–29.) Napolitano had worked at PCCF since 2008, and he knew Grimaldi from her prior incarcerations at PCCF. (Defs.’ Statement ¶¶ 25–26; Pl.’s Statement 5; Napolitano Dep. 9, 25.) A reasonable jury could find that Napolitano knew that Grimaldi's prior incarcerations were related to drug possession. (Napolitano Dep. 26.) PCCF nurse Ibellis Diaz ("Diaz") examined Grimaldi's knee and determined that she needed further medical attention before being admitted to PCCF. (Defs.’ Statement ¶¶ 28–29; Nigro Statement ¶ 18; Pl.’s Statement 5–6, 20; Napolitano Dep. 29; Randazzo Decl. Ex. L ("Diaz Dep.") 12–13 (Dkt. No. 130-12).)

Grimaldi was taken to Putnam Hospital Center ("PHC") for treatment. (Defs.’ Statement ¶ 30; Nigro Statement ¶ 20; Pl.’s Statement 6, 21; Diaz Dep. 13; Napolitano Dep. 29.) There are no records of Grimaldi complaining of withdrawal or expressing suicidal ideation while at PHC. (Nigro Statement ¶¶ 21–22; Pl.’s Statement 21; see generally Silverman Decl. Ex. D ("PHC Records") (Dkt. No. 126-4).). Safety and psychosocial assessments noted that Grimaldi expressed no domestic concerns or suicidal thoughts, and did not wish to be dead. (Nigro Statement ¶¶ 25, 27; Pl.’s Statement 22; PHC Records 11, 45.) After receiving treatment for her knee, Grimaldi was returned to PCCF, arriving at approximately 7:45 P.M. (Defs.’ Statement ¶ 31; Nigro Statement ¶¶ 30–31; Pl.’s Statement 6, 22; Napolitano Dep. 29; SAC ¶¶ 35–36; Police Records 805, 811.)

Upon her arrival at PCCF, Wilkinson, who knew Grimaldi from her prior incarcerations, patted her down. (Defs.’ Statement ¶¶ 34–35; Nigro Statement ¶ 32; Pl.’s Statement 6–7, 23; Wilkinson Dep. 39, 41.)

Grimaldi told Wilkinson that she had a gash in her leg, was homeless, and was living in the woods. (Defs.’ Statement ¶ 36; Nigro Statement ¶ 34; Pl.’s Statement 7, 23; Wilkinson Dep. 43.) Wilkinson thought that Grimaldi seemed "more alert" than she had when previously incarcerated, when she had been "detoxing" and "more drowsy." (Nigro Statement ¶ 40; Pl.’s Statement 24; Wilkinson Dep. 44–45.) Wilkinson did not observe anything that caused her to be concerned for Grimaldi's personal safety. (Defs.’ Statement ¶ 39; Nigro Statement ¶ 38; Pl.’s Statement 7, 23; Wilkinson Dep. 44.)

At approximately 10:22 P.M. Napolitano completed the State of New York Commission of Correction Office of Mental Health Suicide Prevention Screening Guidelines – Form 330 ADM (the "Screening Guidelines") with Grimaldi. (Defs.’ Statement ¶ 41; Nigro Statement ¶¶ 46–48; Pl.’s Statement 7, 24–25; Napolitano Dep. 30, 41; Randazzo Decl. Ex. H ("2015 Screening") (Dkt. No. 130-8).)⁴ Grimaldi revealed to Napolitano that she had used two bundles of heroin the previous day, was bipolar, and had attempted suicide four years prior. (Defs.’ Statement ¶ 42; Nigro Statement ¶¶ 50–51; Pl.’s Statement 8, 25; Napolitano Dep. 30–31; 2015 Screening.) Napolitano had prior knowledge of Grimaldi's suicide attempt based on a prior screening. (Napolitano Dep. 27.) Napolitano testified that he understood two bundles of heroin—twenty bags—to be a "significant amount." (Id. at 30.) As a result of her responses to the Screening Guidelines, Grimaldi received a score of three, which did not mandate that Napolitano recommend constant supervision. (Nigro Statement ¶ 53; Pl.’s Statement 26; Napolitano Dep. 33–34; Guidelines.)

Napolitano also testified that Grimaldi did not report that she expected withdrawal symptoms. (Nigro Statement ¶ 52; Napolitano Dep. 31.) Plaintiff does not identify specific evidence to dispute this claim, but argues that it is self-serving and refuted by circumstantial evidence. (Pl.’s Statement 25–26.) See O'Bert ex rel. Est. of O'Bert v. Vargo , 331 F.3d 29, 37 (2d Cir. 2003) (finding that, where "the witness most likely to contradict the [corrections] officer's story—the person [who is] dead—is unable to testify, the [C]ourt may not simply accept what may be a self-serving account by the [corrections] officer," and must consider "circumstantial evidence that, if believed, would tend to discredit the [corrections] officer's story, and consider whether this evidence could convince a rational factfinder" (citation and alterations omitted)).⁵ Indeed, circumstantial evidence may call into question Napolitano's testimony. First, Grimaldi reported to Stewart, the intake nurse, that she expected withdrawal symptoms the following day. (See Randazzo Decl. Ex. I ("Stewart Notes") (Dkt. No. 130-9).) Second, Stewart placed Grimaldi on the Clinical Opiate Withdrawal Scale ("CO...