McGee v. Macon Cnty. Sheriff's Dep't

473 F.Supp.3d 818

Felita MCGEE, as Independent Administrator of the Estate of Michael Carter, Sr., deceased and as next-of-kin, Plaintiff,

v.MACON COUNTY SHERIFF'S DEPARTMENT ; Decatur Memorial Hospital; Robert Braco, MD; Jo Bates, LPN; Randell West; Larry Parsano; Terry Collins; Michael Patton; and Joshua Page, Defendants.

Case No. 16-CV-2221

United States District Court, C.D. Illinois, Urbana Division.

Signed July 20, 2020

Rahsaan Akim Gordon, Law Office of Rahsaan A. Gordon, Chicago, IL, for Plaintiff.

William W. Kurnik, Susan Jacqueline Eberhardt, Knight Hoppe Kurnik & Knight Ltd., Rosemont, IL, for Defendants Macon County Sheriff's Department, Terry Collins, Michael Patton, Joshua Page, Larry Parsano.

Michael J. Kehart, Regan Lewis, Kehert Peckert Wise Toth & Lewis, Decatur, IL, for Defendant Decatur Memorial Hospital.

Regan Lewis, Kehert Peckert Wise Toth & Lewis, Decatur, IL, for Defendant DMH Corporate Health Services.

Michael J. Kehart, Kehert Trimble Wise Anderson & Booth, Regan Lewis, Kehert Peckert Wise Toth & Lewis, Decatur, IL, for Defendant Robert Braco.

Peter R. Jennetten, Matthew Allen Warner, Quinn Johnston Henderson Pretorius & Cerulo, Peoria, IL, for Defendant Jo Bates.

Keith Eric Fruehling, Brian Michael Smith, Bryan Jeffrey Vayr, Jay E. Znaniecki, Heyl Royster Voelker & Allen, Champaign, IL, for Defendant Randell West.

William W. Kurnik, Susan Jacqueline Eberhardt, Knight Hoppe Kurnik & Knight Ltd., Rosemont, IL, Michael B. Baggett, Macon County States Attorney, Decatur, IL, for Defendant County of Macon Illinois.

ORDER

COLIN S. BRUCE, U.S. DISTRICT JUDGE

Plaintiff Felita McGee filed a complaint on behalf of the decedent Michael Carter, Senior. Carter died of diabetic ketoacidosis while in custody as a pre-trial detainee at the Macon County Jail. Plaintiff brought a variety of claims against the jail, the jail officers, the hospital contracted to provide medical care at the jail, and the treating physician and nurse.

Pending before the court are several motions for summary judgment from Defendants and from Plaintiff. The witnesses testified to competing versions of the events in question, often suggesting that another co-defendant was more responsible for decisions that Plaintiff asserts contributed to Carter's death. Different witnesses also observed different portions of events that occurred over the course of several days.

At this stage, the court does not attempt to determine the truth of the matter and recites the facts and makes inferences that are most favorable to the non-movant for each individual motion. Indeed, the court's "account of the facts therefore is not necessarily accurate in an objective sense but reflects the evidence through the lens of summary judgment." Shields v. Ill. Dept. of Corr. , 746 F.3d 782, 786 (7th Cir. 2014).

For the reasons stated below, Defendant Jo Bates's Motion for Summary Judgment (#172) is denied, Defendants Terry Collins, Joshua Page, Larry Parsano, and Michael Patton's Motion for Summary Judgment (#175) is denied, Defendant Macon County Sheriff's Department's Motion for Summary Judgment (#176) is granted in part and denied in part, Defendant Randell West's Motion for Summary Judgment (#177) is denied, Plaintiff's Motion for Partial Summary Judgment (#178) is denied, and Defendant Decatur Memorial Hospital's Motion for Summary Judgment (#179) is denied.

I. BACKGROUND

A. Overview

Michael Carter, Senior spent the last five days of his life in the Macon County Jail where he died due to complications from diabetic ketoacidosis at the age of thirty-five. The administrator of his estate sued in federal court, alleging violations of Carter's federal constitutional rights and state law. Two of the named defendants, Nurse Jo Bates and Dr. Robert Braco, were employees of Defendant Decatur Memorial Hospital ("DMH"), which was under contract to provide medical services to the inmates at the Macon County Jail. Defendants Terry Collins, Joshua Page, Larry Parsano, Michael Patton, and Randell West were all correctional officers, employed at the Macon County Jail, who interacted with Carter in some fashion on the day that he died.

Plaintiff explains that despite Carter identifying himself as a diabetic when he was first booked on Monday, July 13, 2015, and his mother calling the jail on Friday evening to beg that he receive medical attention for his diabetes, Carter's blood sugar levels were not checked by anyone until late Saturday morning. Earlier than this time, it should have been clear that Carter was in need of urgent medical attention. Even after Nurse Bates found Carter on the floor of his cell a little after 9 a.m. on Saturday morning, she did not immediately call Dr. Braco or check Carter's blood sugar. Instead, she described in her deposition that she believed he was "playing possum." Corporal West testified that Nurse Bates told him Carter was "faking."

The parties submitted a video of officers then dragging Carter from his cell in the medical unit, into a wheelchair, purportedly at the direction of Nurse Bates on Dr. Braco's orders. The parties agree that they moved Carter to "Deadlock," the segregation cell unit used for uncooperative inmates. Corporal West testified that he placed Carter in the segregation cell because Nurse Bates described Carter as being "uncooperative" and faking his illness. Nurse Bates checked Carter's blood sugar and contacted Dr. Braco only after Carter was moved to Deadlock and after the urging of some correctional officers.

Certain officers and Doctor Braco testified that Nurse Bates did not treat this incident with appropriate urgency and Corporal Austin, a non-defendant officer, testified that she persisted in trying to inspire a sense of urgency in Nurse Bates and insisted that Nurse Bates arrange for emergency transport to the hospital.

Nurse Bates, Dr. Braco, several correctional officers, and a corporal at the jail all testified that they were not permitted to call an ambulance. Bates stated she needed permission from Dr. Braco, Dr. Braco was under the impression that he needed to tell the correctional officers that transportation was needed and the jail would decide whether an ambulance or squad car was needed, and the correctional officers testified that they could not call an ambulance, but had to defer to medical. Plaintiff points to this failure to have a communicated policy and appropriate training as a factor that delayed Carter's emergency medical transfer.

Approximately two and a half hours after Carter was removed from his medical cell, his heart stopped beating. Only then did Nurse Bates agree that the correctional officers could call an ambulance. Carter was declared dead at the hospital.

Plaintiff argues that reckless mismanagement by the health service providers led to Carter's death. She argues that the lack of training, the lack of written protocols, and the lack of supervision of Licensed Practical Nurses (LPNs) who DMH and the Macon County Sheriff's Department encouraged to practice beyond their licensure, amounted to deliberate indifference to Carter's well-being. Plaintiff argues that the Macon County Sheriff's Department failed to oversee the healthcare contract properly and failed to train its employees appropriately. Plaintiff argues that Nurse Bates and Dr. Braco are liable for constitutional violations for exhibiting deliberate indifference to Carter's medical needs and that the individual officers are liable for failing to intervene and forcibly removing Carter from his medical cell when he was in distress. Plaintiff further argues that Corporal West used unwarranted force when attempting to arouse Carter from the medical unit.

Plaintiff brings a Denial of Medical Care claim pursuant to the Fourteenth Amendment and 42 U.S.C. § 1983 against all Defendants (Count I); a Monell¹ claim pursuant to 42 U.S.C. § 1983 against Macon County Sheriff's Department (Count II); a Monell claim pursuant to 42 U.S.C. § 1983 against Decatur Memorial Hospital (Count III); an Institutional Negligence Claim against Macon County Sheriff's Department (Count IV); a Medical Malpractice/Wrongful Death claim against DMH, Dr. Braco, and Nurse Bates (County VI); a Medical Malpractice/Survival Action claim against DMH, Dr. Braco and Nurse Bates (Count VII); a Negligent Supervision, Retention, and Training claim against Macon County Sheriff's Department (Count VIII); and a Battery claim against Randell West and Macon County Sheriff's Department (Count XI).²

Dr. Braco did not move for summary judgment. DMH filed a motion for partial summary judgment as to the Monell claim in Count III, but DMH does not argue for summary judgment as to other claims against it. (#179; #180). The other Defendants filed motions for summary judgment seeking full judgment in their favor.

B. General Jail Administration

Plaintiff paints a picture of a chaotic and underfunded prison healthcare system where LPNs were pushed to practice far outside of the scope of their licenses due to the lack of available supervision. The only supervising physician was on call "24/7" for years on end, and he slept on the floor of the jail during understaffed weekends.

Plaintiff explains that DMH bid on the contract to provide healthcare at Macon County Jail in 2011 without having any experience in providing prison healthcare. DMH had a Corporate Health Services Department that provided offsite medical services to various companies for occupational matters. Debbie Acciavatti was the Corporate Health director and administratively supervised the medical staff. Tim Stone, DMH's Executive Vice President, directed her to bid on the jail contract, apparently because he believed this contract was a good fit for the Corporate Health team. When Stone told Acciavatti to bid on the contract, she had no prior experience negotiating, bidding, or understanding a contract for the provision of healthcare services in a correctional setting. Stone testified that DMH did not perform a needs...