Skinner v. Sproul

MANASSEH ROYDREGO SKINNER, Plaintiff, v. KEVIN SPROUL, et al., Defendants.

CASE NO. 1:14-CV-174-WLS-MSH

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION

February 26, 2016

ORDER AND REPORT AND RECOMMENDATION

Presently pending before the Court are Defendants' various motions for summary judgment (ECF Nos. 49, 63, 67, 98), and Plaintiff's motions to strike (ECF Nos. 52, 90), motions to supplement (ECF Nos. 78, 79, 101), motion to dismiss Defendant Christian (ECF No. 61), and motions for and entry of default and default judgment against Defendant Watisha Williams (ECF Nos. 88, 96, 97). For the reasons explained below, Plaintiff's motions to strike are denied, his motions to supplement are granted except for his most recently filed motion to supplement, his motion to dismiss is terminated and Defendant Christian is dismissed, and his third motion for default is granted and the clerk is directed to issue an entry of default against Watisha Williams. Furthermore, it is recommended that Defendants' motions for summary judgment be granted.

BACKGROUND

This case arises out of an alleged use of excessive force during the execution of a warrant at Dougherty County Jail. Plaintiff makes the following allegations in his Amended Complaint: On October 17, 2014, Plaintiff, a pretrial detainee, was told he was going to Court in order to "lure [him] out of the dormitory to medical so Defendants could take [his] DNA[.]" Am. Compl. 3, ECF No. 57. The Sheriff's Office Defendants¹ and Albany Police Defendants² were present when Plaintiff was taken to medical. Id. The week prior to this, Plaintiff informed the Albany Police Defendants that he would need to speak to his attorney before any evidence would be taken from him. Id. Plaintiff also declined to sign a consent form to have his DNA taken. Id.

When Plaintiff entered a room in medical, Defendant Roberts asked Plaintiff to sit down in the "restraint chair." Am. Compl. 3-4. Plaintiff complied. Id. at 4. A defendant then told Plaintiff that he had "a warrant from the judge" for Plaintiff's DNA "through swabbing [Plaintiff's] mouth." Id. Plaintiff refused to consent to the swabbing. Id. Nurse Watisha Williams was then brought into the room. She identified herself and asked Plaintiff to allow her to swab his mouth. Plaintiff again refused. Id. Plaintiff then "stood up and told Lt. [Le]Francois . . . that I would like to go back to my cell because my 5th Amendment protected me from given [sic] evidence against myself." Am. Compl. 4. Defendant LeFrancois told Plaintiff that he was "not going anywhere until they got what they came for." Id.

Defendant Roberts "then reached for [Plaintiff's] left hand[,] which [Plaintiff] withdrew from him." Id. Defendant Roberts then hit Plaintiff in the forehead with his"left elbow" causing Plaintiff to fall back into the chair. Id. Defendant Dice grabbed Plaintiff's "right injured hand" and twisted that hand and fingers "causing [Plaintiff] to suffer pain[.]" Am. Compl. 4. Defendant LeFrancois pulled up on Plaintiff's leg shackles causing Plaintiff to be "almost upside down" in the restraining chair." Id. Defendant Roberts shoved Plaintiff's head into the chair. Id. Plaintiff then "tried to rise up" because "of the pain and [dis]comfort," but was again restrained by Defendant Roberts with his elbow above Plaintiff's eye. Defendant Hawkins also "placed his hand on [Plaintiff's] neck and applied pressure and told nurse W. Williams to swab [Plaintiff.]" Id.

Nurse W. Williams then attempted to swab Plaintiff's mouth. Plaintiff kept his mouth closed and the swab sticks broke against Plaintiff's gums "producing blood in [Plaintiff's] mouth and cuts on [Plaintiff's] lips." Am. Compl. 4. Defendant Hawkins applied pressure to Plaintiff's throat, which caused Plaintiff to open his mouth. Id. Nurse W. Williams used six swabs in her attempts to procure a sample. Id. Defendants then released Plaintiff in the restraint chair and he attempted to stand. Id. Plaintiff "stumbled by Lt. [Le]Francois due to almost passen [sic] out when he grabbed my jumpsuit and several other officers . . . began trying to slam me to the ground[.]" Id. Plaintiff hit the right side of his head and Defendants Handley and Cross cuffed Plaintiff despite Plaintiff's "profile for left and right hand injuries." Am. Compl. 5.

Defendant Owens then "shoved" Plaintiff out the door. Id. Plaintiff walked a short way down the hall escorted by Defendants Christian and Handley and then stopped and said he "feel like I'm fina [sic] pass out." Id. Defendant Owens told Plaintiff that he"better walk[.]" Id. When Plaintiff did not continue to walk, Defendant Owens "bulldozed into [Plaintiff] and Officer Handle[y] from the back slamming [them] to the ground[.]" Id. Defendant Collier ordered Defendant Owens to stop and asked Plaintiff if he could walk. Plaintiff stated that he could walk, but that he needed to see medical. Id. Two officers then began walking him out and when Plaintiff "passed out again[,]" Lt. LeFrancois ordered that Plaintiff be put back into the restraint chair. Am. Compl. 5.

Nurse Lynn Montgerard came into medical and began examining Plaintiff by taking his blood pressure. Id. She refused to give Plaintiff any pain medication and said that she would "call [Plaintiff] back to medical to see the physician later[.]" Id. Plaintiff claims that he was then returned to his cell where he passed out. Id. at 5-6. Plaintiff asked another inmate to call medical. Officer Bell then "informed Corporal Hunt, [but] Corporal Hunt refused to call medical regarding [Plaintiff's condition] leaving [Plaintiff] to suffer severe pain." Id. at 6.³ Officer Bell called medical but medical "refused to see [Plaintiff]." Id. Plaintiff avers that he remained in his cell for two days, during which he passed out again, and that Corporal Hunt refused to inform medical that he needed to be seen or that he was in severe pain. Am. Compl. 6. Similarly, Plaintiff states that Defendant Handley told multiple other officers in the jail not to call medical for Plaintiff. Id.

On October 18, 2014, Plaintiff "informed" Defendant Nurse D. Williams that he "was in severe pain and needed to see medical[,]" but she told Plaintiff that she wasgoing to say she "didn't see anything." Id. The following day, Plaintiff spoke to Defendant D. Williams again and told her that he was going to file a grievance against her. Id. He states that he reported to sick call and saw the physician "about 4 days after this incident occurred" and was forced to wear handcuffs in violation of his rights. Id.

After a preliminary review of his Complaint and amended complaints, the following claims were allowed to proceed: (1) Fourth and Fourteenth Amendment claims against Charlie Roberts (formerly John Doe), Sergeant Hawkins, Investigator Dice, Lt. LeFrancois, Nurse Watisha Williams, Officer Cross, Officer Owens, and Officer Handle for excessive force while obtaining Plaintiff's DNA; (3) Fourth and Fourteenth Amendment claims for failure to protect or intervene against Tyrone Griffin, Major Lewis, Captain Collier, Corporal Wilson, Corporal Hunt, Corporal Bryant, Deputy Cruz (formerly Adams), Deputy Goree (identified as "Goren" in the Amended Complaint), Officer Christian, and Officer Stone; (4) Fourteenth Amendment claim against Nurse Montgerard, Nurse D. Williams, Corporal Hunt, and Officer Handle for deliberate indifference to his serious medical needs; and (5) due process claim against Defendants Charlie Roberts, Sergeant Hawkins, Investigator Dice, Lt. LeFrancois, Nurse W. Williams for taking his DNA through excessive force. Plaintiff also asserts state law claims for gross negligence, assault/battery, and intentional infliction of emotional distress. Defendants move for summary judgment on each of these claims except for Defendant Watisha Williams who has failed to answer or otherwise respond to Plaintiff's complaint. These motions are ripe for review along with several motions filed by Plaintiff.

DISCUSSION

I. Motions to Strike

Plaintiff moves to strike several affidavits attached to Defendants' motions for summary judgment (ECF Nos. 52, 90.) Specifically, Plaintiff claims that portions of affidavits by Corporal Vivian Hunt, Corporal Thomas Bryant, Officer Handley, Deputy Goree, Officer Owens, Officer Cross, Lieutenant LeFrancois, Corporal Wilson, Deputy Cruz, Major Lewis, and PA Will Oder must be struck from the record. Pl.'s Mot. to Strike 1-10, ECF No. 52; Pl.'s Second Mot. to Strike 2-3, ECF No. 90. Plaintiff generally contends that portions of these affidavits are not based on personal knowledge, contain conclusions of law instead of facts, and conflict with other evidence in the record. Pl.'s Mot. to Strike 1-2; Pl.'s Second Mot. to Strike 1-2; see also Fed. R. Civ. P. 56(c)(4) ("An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant . . . is competent to testify on the matters stated."); United States v. Spellissy, 374 F. App'x 898, 900 (11th Cir. 2010) ("An affidavit that contains no admissible evidence may be excluded.").

Plaintiff's assertions are unsupported by the record and Plaintiff's motions (ECF Nos. 52, 90) are denied. Furthermore, even if portions of Defendants' affidavits are inadmissible, the Court is able to sift through those affidavits and determine which portions are factual statements that may be used in opposition to the motion for summary judgment. See, e.g., Roswell v. BellSouth Corp., 433 F.3d 794, 800 (11th Cir. 2005) ("On motions for summary judgment, we may consider only that evidence which can bereduced to an admissible form."). To the extent that any of Defendants' or Plaintiff's affidavits contains conclusory statements or is otherwise inadmissible, the Court will not consider such statements to support the motion for summary judgment.

II. Requests for Entry of Default

Plaintiff...