Spradlin v. Toby

1

LISA SPRADLIN Individually and as Administrator of the Estate of CHARLES TRISTEN MCKEE, Plaintiff, v. Warden ANNETTIA TOBY, et al., Defendants.

Civil Action No. 5:23-cv-328 (MTT)

United States District Court, M.D. Georgia, Macon Division

August 19, 2024

ORDER

MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT.

Plaintiff Lisa Spradlin, individually and as administrator of the estate of Charles Tristen McKee, alleges that the defendants violated the Eighth Amendment, the Americans with Disabilities Act (“ADA”), the Rehabilitation Act (“Rehab Act”), and Georgia state law by failing to provide medical treatment for McKee's mental health conditions and failing to protect McKee from an inmate assault while incarcerated at Hancock State Prison (“HSP”). Doc. 45. Defendants MHM Correctional Services LLC (“MHM”), Sandra Roberts, the Georgia Department of Corrections (“GDC”), and the Board of Regents of the University System of Georgia (“the Board of Regents”) move to dismiss.^[1] Docs. 44; 48. For the reasons that follow, MHM's and Roberts' motion to dismiss (Doc. 44) is GRANTED in part and DENIED in part and the GDC's and the Board of Regents' motion to dismiss (Doc. 48) is GRANTED.

I. BACKGROUND

Spradlin's 69-page, 12-count amended complaint is difficult to parse. Doc. 45. The amended complaint transforms what appears to be compelling core facts into a mush of confusing, and in part unnecessary, claims. From what the Court can decipher Spradlin alleges two categories of facts to support her claims. First, Spradlin alleges “mental health” facts describing McKee's disabilities and the defendants' failure to provide adequate care to treat those disabilities. See id. ¶¶ 58-91. Second, Spradlin alleges “prison” facts describing the allegedly dangerous conditions at HSP and the defendants' failure to protect McKee from those conditions. See id. ¶¶ 92-161.

A. Mental Health Treatment

MHM provided mental and behavioral health services for the GDC. Id. ¶ 32. Roberts, a mental health unit manager and MHM employee, was responsible for McKee's mental health treatment. Id. ¶ 35. McKee's conditions included gender dysphoria, ADD, ADHD, and Asperger's Syndrome. Id. ¶¶ 48-55. Additionally, McKee had a “history of mental illness, self-harm, suicidal ideation, and attempts.” Id. ¶ 48. To treat his mental health conditions, McKee was frequently placed in administrative segregation. Id. ¶¶ 62-63, 65. Spradlin alleges that McKee's prolonged placement in restricted housing “led to the decline of his mental health” and that “McKee should have been transferred to a mental health hospital.” Id. ¶ 75.

In support of her assertion that Roberts and MHM were aware that McKee's mental health was deteriorating, Spradlin cites the following incidents:

• On December 13, 2021, Roberts noted that McKee was cutting himself with glass and that McKee “said [he] felt like he was ‘losing it' and [began] to act out” and stated he “need[ed] to see psychiatry.” Id. ¶ 69.

• Sometime after the December 2021 self-harm incident, McKee was prescribed Celexa. Id. ¶ 70. However, a “medication non-adherence form” from April 11, 2022, indicated that McKee “missed 22 does of Celexa from March 1, 2022, through March 31, 2022.” Id. ¶ 76.

• On May 2, 2022, “a nursing assessment for Skin Wounds” reported that McKee “suffered a self-inflicted laceration to his arm.” Id. ¶ 78. McKee was instructed not to cut himself. Id.

• On May 2, 2022, Roberts “signed a ‘Suicide Precaution Initial Treatment Plan' and circled in the Goal section: ‘Physical safety; Decrease suicide risk factors; Increase in protective factors; [and] Return to daily activities.'” Id. ¶ 79. Roberts marked the following in the “Risk Factors” section of the form with an “x”: “Resolved Plans and Preparation,” “Fearlessness of physical pain/injury/death,” “Availability of means and opportunity,” “Specificity of Plan,” “Preparation for attempt.” Id. The “Suicidal Desire and Ideation” section was marked with an “x” by “Talk of death and/or suicide.” Id.

• On May 2, 2022, Roberts “noted McKee had ‘swallowed razor 10/20/20,' ‘cut left arm 11/10/20,' ‘allegedly swallowed a razor 3/11/21,' and ‘cut arm w/glass 12/13/21.'” Id.

• On May 3, 2022, and May 10, 2022, “Progress Records” stated McKee was “unable to be seen due to no security.” Id. ¶¶ 80, 84.

• On May 5, 2022, Roberts marked an “x” in an “Assessment section which ask[ed] ‘Are there any contra-indications to the lock-down'” and noted that McKee “did not respond after the therapist knocked on the door several times.” Id. ¶ 81. Roberts stated in the “Plan section” that “As long as the inmate/probationer remains in isolation or Segregation will monitor weekly for contra-indications to lock-down and the need for further services.” Id.

• On May 15, 2022, McKee engaged in additional incidents of self-harm. Id. ¶ 86.

B. Inmate Attack and Prison Conditions

“Late at night on May 18, 2022 or in the early hours of May 19, 2022, McKee was released” from administrative segregation “and placed in Dorm E-1.” Id. ¶ 87. “At around [7:00] pm on May 22, 2022, Blood gang and gangster disciple[] members, including Cleveland Gary and Darrion Williams, attacked [McKee] with sharp weapons and stabbed McKee approximately twelve times.” Id. ¶ 127. Approximately 45 minutes after the attack, officers arrived on the scene. Id. ¶ 136. McKee “was pronounced dead at approximately 1:17 am on May 23, 2022.” Id. ¶ 137.

Spradlin alleges that McKee's transfer from administrative segregation to Dorm E-1 put his safety at risk for the following reasons. First, Dorm E-1 housed “Blood gang and gangster disciple members ... who were overtly hostile toward McKee” because he identified as LGBTI and gender nonconforming. Id. ¶¶ 92, 94. Second, McKee's “developmental disorder,” “poor problem solving,” “poor judgment,” and impaired vision made him more susceptible to attack. Id. ¶ 101. Third, the May 14, 2022 “white suprematist racially motivated mass shooting terrorist attack in Buffalo, New York” exacerbated racial tensions and the defendants did not take action to protect white inmates, like McKee, from reprisal attacks. Id. ¶¶ 109-11, 123. Fourth, inmates in Dorm E-1 “were allowed to roam freely at all hours of the day.” Id. ¶ 112. Finally, HSP was understaffed which impacted the defendants' ability to perform “adequate and timely head counts,” conduct “adequate searches,” “shakedowns,” and “inspect[ions]” to seize weapons, and provide timely assistance in the event of an emergency. Id. ¶¶ 124, 11315, 130.

Spradlin claims Roberts “was aware of McKee's housing change” because she was responsible for follow-up care and management” under GDC Standard Operating Procedure (“SOP”) 508.28^[2] and “had authority to place McKee in and remove McKee from restrictive housing” based on SOP 209.06.^[3] Id. ¶¶ 83, 88, 93, 91. Furthermore, Spradlin claims that Roberts was aware of the threat that reassignment to Dorm E-1 posed to McKee's safety because on May 2, 2022, she signed a “Suicide Precaution Initial Treatment Plan,” which marked “Stressful dorm environment with concerns for safety” as a “Current and Recent (within past 6 months) Stressor[].” Id. ¶ 79.

Finally, Spradlin alleges that all defendants generally were on notice of the dangerous conditions at HSP based on the death of 10 other inmates that occurred from 2017 to 2022. Id. ¶¶ 146-56.

C. Procedural History

Spradlin's amended complaint alleges twelve claims, the first seven of which are brought pursuant to 42 U.S.C. § 1983. Counts One and Two are claims under the Eighth Amendment for the alleged failure to protect McKee from the May 22, 2022 assault. Id. ¶¶ 162-76. Count Three is an Eighth Amendment failure to intervene claim, presumably based on the 45-minute delay between the attack and the prison officials' response. Id. ¶¶ 177-80; see also id. ¶¶ 135-36. Count Four is a claim under the Eighth Amendment for the alleged deliberate indifference to McKee's mental health needs. Id. ¶¶ 181-93. Counts Five and Six are municipal liability claims pursuant to Monell v. Dept. of Social Services, 436 U.S. 658 (1978), based on allegedly improper policies with respect to staffing, management, and security or safety in the state prisons. Id. ¶¶ 194-215. Count Seven is a supervisor liability claim under the Eighth Amendment for the alleged failure to protect McKee from the assault by other inmates. Id. ¶¶ 21621. Count Eight alleges a claim under Title II of the ADA against the GDC and Board of Regents and Count Nine alleges a claim under Section 504 of the Rehab Act against the GDC only. Id. ¶¶ 222-34. Count Ten is a Title III ADA claim against MHM. Id. ¶¶ 235-39. Finally, Counts Eleven and Twelve allege wrongful death and negligence claims against MHM and Roberts. Id. ¶¶ 240-47.

MHM and Roberts move to dismiss Counts One, Two, Three, Four, Six, Seven, and Ten. Doc. 44. The GDC and Board of Regents move to dismiss Counts One through Nine. Doc. 48.

II. STANDARD

The Federal Rules of Civil Procedure require that a pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). To avoid dismissal pursuant to Rule12(b)(6), “a complaint must contain sufficient factual matter ... to ‘state a claim to relief that is plausible on its face.'” Ashcroft v Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is facially plausible when “the court [can] draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. “Factual allegations that are ‘merely consistent with a defendant's liability' fall short of being facially plausible.” Chaparro v. Carnival Corp., 693 F.3d 1333, 1337 (11th Cir. 2012) (quoting Iqbal, 556...