Nichols v. Livingston Cnty.

TIMOTHY NICHOLS, as Authorized Administrator of the Estate of Samual Nichols, Plaintiff, v. LIVINGSTON COUNTY, et al., Defendants.

6:18-cv-06669 EAW

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

August 20, 2019

DECISION AND ORDER

INTRODUCTION

Plaintiff Timothy Nichols ("Plaintiff"), proceeding pro se, commenced this action on August 4, 2018, in New York State Supreme Court, Livingston County. (Dkt. 1-1 at 2). Plaintiff purports to bring this action on behalf of the estate of his deceased son, Samual Nichols ("Decedent"), as well as "in his individual capacity as a parent[.]" (Id. at 3; Dkt. 15-1 at 24). The matter was removed to this Court on September 19, 2018. (Dkt. 1).

Currently before the Court are three motions: (1) a motion to dismiss filed by defendants the State of New York, the State University of New York at Geneseo ("SUNY Geneseo"), and Sarah Covell LMHC ("Counselor Covell") (collectively the "State Defendants") (Dkt. 2); (2) a motion to dismiss filed by defendants Livingston County, Livingston County Coroner Phil Granshaw ("Coroner Granshaw"), Livingston County Deputy Sheriff Chad Draper ("Deputy Draper"), Livingston County EMS ("EMS"), Livingston County Sheriff Thomas Dougherty ("Sheriff Dougherty"), and the Livingston County Sheriff's Department (collectively the "County Defendants") (Dkt. 11); and (3) a motion for leave to file an amended complaint filed by Plaintiff (Dkt. 15).

For the reasons discussed below, the Court grants Plaintiff's motion for leave to amend. The Court further grants the pending motions to dismiss with respect to all of Plaintiff's federal claims, and remands the remaining state law claims to the state court.

FACTUAL BACKGROUND

The following facts are taken from Plaintiff's Complaint. As required at this stage of the proceedings, the Court treats Plaintiff's allegations as true.

At the time of his death, Decedent was a second-year student at SUNY Geneseo, residing in an on-campus dormitory. (Dkt. 1-1 at 4). The dormitory employed "paid and trained" resident advisors and resident directors, who were responsible for "monitoring and supervis[ing]" the students living therein. (Id.). SUNY Geneseo also has a university police department (the "UPD"), "whose mission is to serve to protect students, faculty and staff of SUNY Geneseo within the campus and grounds of SUNY Geneseo." (Id.).

Beginning in December of 2016, Decedent attended appointments at the on-campus SUNY Geneseo Health and Counseling Services, "over concerns he was having related to marijuana use." (Id. at 5). In mid-January of 2017, Decedent "began weekly, one-hour counseling sessions" with Counselor Covell. (Id.). Decedent expressed suicidal ideation to Counselor Covell and to "several close friends." (Id). Decedent met with Counselor Covell on April 30, 2017, for his usual one-hour session. (Id.). This session occurred shortly after Decedent had "an emotional conversation with his girlfriend, Madeline Devincenzo ["Devincenzo"]¹," in which she "expressed a desire for 'space' during the first week of May," which was "'finals week', a high pressure period of time when students study and take final examinations at the end of the semester." (Id). Plaintiff alleges that Counselor Covell failed to take reasonable actions in response to Decedent's expressed suicidal ideation, including by failing to contact emergency medical professionals and by failing to alert Decedent's parents. (Id. at 6).

On the evening of May 5, 2017, there was a party in the dormitory suite shared by Decedent. (Id. at 7). After the party, Decedent had "an emotional encounter" with Devincenzo and an individual named Joseph Kanlong ("Kanlong") both inside and outside the dormitory, which was witnessed by students, staff, and employees of SUNY Geneseo. (Id. at 7-8). Plaintiff alleges that the "SUNY Geneseo staff and employees charged with supervising and monitoring students . . . did nothing to assist Decedent despite his blatant and obvious emotionally distressed state of mind and in spite of the high drama unfolding in plain sight in the on campus Ontario Dormitory." (Id. at 8).

On the morning of May 6, 2017, Devincenzo and another SUNY Geneseo student, Alexis Leslie ("Leslie"), attempted to call a SUNY Geneseo telephone "help line" to seek help for Decedent. (Id. at 7). SUNY Geneseo had promoted the "help line" to students as "a resource line for SUNY Geneseo students who may be experiencing or may be concerned that another student is experiencing mental health, substance abuse or other problems[.]" (Id.). The "help line" was not in operation and no one answered Devincenzo's and Leslie's call. (Id.).

Decedent began a cellphone call with Devincenzo at 11:17 a.m. on May 6, 2017. (Id. at 12). At 11:18 a.m. on May 6, 2017, Kanlong called UPD to report that Decedent "might be in danger of hurting himself at an off campus location." (Id.). Kanlong told the UPD dispatcher that Devincenzo was on the phone with Decedent and was "attempting to keep him on the phone until police arrived at Fallbrook Falls." (Id.).

At approximately 11:20 a.m. on May 6, 2017, UPD transferred Kanlong's emergency call to Livingston County Emergency 911. (Id. at 13). Kanlong reported that he was concerned Decedent might "step off" the top of "the falls off of route 20A," which the 911 dispatcher "immediately identified as 'Fallbrook Falls[.]'" (Id.). "[A] few seconds later," the 911 dispatcher "reported the emergency of a person in need of assistance at Fallbrook Falls over the police radio." (Id. at 13).

Plaintiff alleges that SUNY Geneseo failed to take adequate measures to prevent student suicides, including by failing to train its faculty and students about warning signs. (Id. at 8). Plaintiff further alleges that the UPD has "created an atmosphere in which students do not trust them and do not seek out help from them," and has further confused students by providing "conflicting and confusing instructions as to what to do in a medical and mental health emergency[.]" (Id.). Plaintiff particularly faults SUNY Geneseo and the UPD for having "refuse[d] to participate in the Livingston County E-911 system, opting instead to promote is own ten digit number," which Plaintiff contends was unnecessarily confusing and "creates an unnecessary and deadly barrier" to students attempting to procure emergency assistance. (Id. at 9). According to Plaintiff, had UPD participated in the E-911 system, it would "have provided aid to Decedent at least two minutes earlier on the morning of May 6, 2017." (Id.).

At approximately 11:20 a.m. on May 6, 2017, Sheriff Dougherty, who was off-duty and on his way home, heard the 911 dispatch call and "immediately responded," stating that "he would handle the emergency call due to his immediate proximity to Fallbrook Falls." (Id. at 14). Sheriff Dougherty arrived at Fallbrook Falls "between approximately 11:21 AM and 11:23 AM," and other members of the Livingston County Sheriff's Department "also began to respond" to the emergency call. (Id.). Plaintiff alleges that Sheriff Dougherty was "fully physically and mentally capable of aiding Decedent in a matter of seconds upon arrival," but that he "acted in cowardice and chose not to assist Decedent out of fear" until another officer arrived. (Id.).

Deputy Draper arrived at Fallbrook Falls at approximately 11:25 a.m. on May 6, 2017. (Id.). Deputy Draper reported that when he arrived, Sheriff Dougherty was "in the process of moving down the trail," and Deputy Draper followed behind him. (Id.). Deputy Draper further reported that he looked over the edge of the falls and saw Decedent at the bottom, facedown in the water. (Id. at 16). Plaintiff disputes Sheriff Dougherty's and Deputy Draper's report that they did not see Decedent at the top of Fallbrook Falls when they arrived on the scene, asserting that this report is inconsistent with cellphone records indicating that Devincenzo's cellphone remained connected to Decedent's until 11:28 a.m. (Id.).

Deputy Draper reported pulling Decedent toward a shallow part of the pool of water at the bottom of Fallbrook Falls "at the direction of EMS to avoid the possibility of hypothermia in Decedent." (Id. at 16). Plaintiff claims that this action by Deputy Draper "possibly exacerbated severe yet survivable bodily injuries suffered by Decedent" and further "severely exacerbat[ed] his pain and suffering." (Id.).

Plaintiff further alleges that Sheriff Dougherty, "in order to conceal his cowardice and mistakes," began taking additional wrongful actions, including: (1) failing to call for a rescue helicopter; (2) failing to order an investigation in the events leading up to Decedent's death, including failing to secure evidence and interview key witnesses; and (3) "interfering in the death investigation" by "unlawfully and immorally keeping Decedent's body at the scene for nearly two hours." (Id. at 17). Plaintiff claims that Coroner Granshaw committed "dereliction of duty" because he allowed Sheriff Dougherty to "usurp and undermine" his authority, and that Coroner Granshaw wrongly allowed Sheriff Dougherty to "delay by nearly two hours the transport of the body of Decedent to the Monroe County Medical Examiner[.]" (Id. at 17-18). Plaintiff also alleges that Coroner Granshaw prematurely declared Decedent's death a suicide, in an attempt to "short-circuit and effectively end further investigation into the events leading to the death of Decedent by the Sheriff's Department[.]" (Id. at 18). Plaintiff further faults Coroner Granshaw for having allowed a mere acquaintance of Decedent's to identify his body. (Id. at 19). Sheriff Dougherty is also alleged to have "discouraged" Decedent's parents "from rushing to Geneseo, New York," following Decedent's death, and to have instead "persuaded them to stay home, in Latham, New York," thereby preventing them from viewing and identifying Decedent's body. (Id.).

Plaintiff alleges that Decedent could have survived his injuries if...