Stewart v. Johnson Cnty.

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BRIAN STEWART, Plaintiff, v. JOHNSON COUNTY, MATRON HAMILTON, Defendants.

JOHNSON COUNTY, Third Party Plaintiff, v. ADVANCED CORRECTIONAL HEALTH, INC.,^[1] Third Party Defendant.

No. 1:21-cv-01509-TWP-MKK

United States District Court, S.D. Indiana, Indianapolis Division

May 8, 2023

ORDER GRANTING JOHNSON COUNTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AS TO FEDERAL CLAIMS, RELINQUISHING SUPPLEMENTAL JURISDICTION OVER STATE CLAIMS, AND DENYING WITHOUT PREJUDICE ADVANCED CORRECTIONAL HEALTHCARE'S MOTION FOR SUMMARY JUDGMENT AND ORDER TO SHOW CAUSE

HON TANYA WALTON PRATT, CHIEF JUDGE UNITED STATES DISTRICT COURT.

This matter is before the Court on Third Party Defendant Advanced Correctional Healthcare, Inc.'s ("ACH") Motion for Summary Judgment (Dkt. 65), and a Motion for Summary Judgment (Dkt 67) and Motion to Limit Expert Testimony (Dkt 88) filed by Defendants Johnson County and Matron Hamilton (collectively "Johnson County Defendants"). In his Amended Complaint Plaintiff Brian Stewart ("Stewart") alleges that Johnson County and Johnson County Jail Matron Abby Hamilton ("Matron Hamilton") violated his constitutional rights and were negligent when his crutches and medical boot were confiscated during his detention at the Johnson County Jail ("the Jail"). Johnson County Defendants filed a third-party Complaint against ACH, the medical company with whom Johnson County contracted to provide medical services at the Jail. For the reasons explained below, Johnson County Defendants' Motion for Summary Judgment is granted with respect to all federal constitutional claims, and the Court relinquishes supplemental jurisdiction over the state law negligence claim. ACH's Motion for Summary Judgment is denied as moot with respect to any liability over the federal claims and denied without prejudice with respect to the remaining state law negligence and indemnification claims.

Additionally because the Court has reason to believe that Stewart deliberately presented evidence to this Court that he knew to be untrue, he and his counsel, Paul J. Cummings, are ordered to show cause why they should not be sanctioned pursuant to Federal Rule of Civil Procedure 11.

I. BACKGROUND

A. Procedural Background

On January 19, 2022, Stewart filed an Amended Complaint for Damages and Demand for Trial by Jury. (Dkt. 31.) In an Amended Order Granting in Part and Denying in Part Partial Motion for Judgment on the Pleadings ("Order for Judgment on the Pleadings"), (Dkt. 61), the Court summarized the allegations as follows:

Stewart was a pretrial detainee in the Johnson County Jail from June 8, 2019 through August 2019. Before his incarceration, he fractured his ankle and underwent surgery. His doctor prescribed medical equipment-specifically a medical boot and crutches-to help his recovery. While at the Johnson County Jail, Stewart was "denied his necessary medical equipment for a fractured ankle and surgically placed hardware, as prescribed by his treating physician, due to Defendants' policies, procedures and/or customs, and the actions of individuals acting under color of state law in deliberate indifference to his known medical needs," (Dkt. 31 at ¶ 12), despite the Defendants' actual knowledge that he had recently undergone surgery, (Dkt. 31 at ¶ 16).

Stewart suffered injuries due to the Defendants' "policies or customs regarding the hiring, training and supervision of their officers, physicians, medical providers and staff." Id. at ¶ 24. Additionally, Matron Hamilton denied Stewart's numerous requests for his boot and crutches. Id. at ¶ 13.

Dkt. 61 at 2-3.

After some claims were dismissed as a result of the Order for Judgment on the Pleadings, the claims that remained were: (1) Fourth and Fourteenth Amendment claims against Matron Hamilton and (2) Monell and state law negligence claims against Johnson County. (Dkt. 61.)

On January 21, 2022, the Court granted Johnson County Defendants' motion for leave to file a third-party complaint against ACH pursuant to Federal Rule of Civil Procedure 14. (Dkt. 33.) In that complaint, Johnson County Defendants seek indemnification from any loss or damage, including reasonable attorney's fees and other costs of litigation, if it was determined that the losses were "solely caused or necessitated by the negligent, reckless, intentional, or deliberately indifferent conduct of ACH or its employees, which is related to medical treatment or care provided by ACH[.]" (Dkt. 34 at 3, ¶ 11.)

B. Factual Background

Because Defendants have moved for summary judgment under Rule 56(a), the Court views and recites the evidence "in the light most favorable to the non-moving party and draw[s] all reasonable inferences in Stewart's favor." Zerante v. DeLuca, 555 F.3d 582, 584 (7th Cir. 2009) (citation omitted).

1. Medical Equipment and Care Policies at the Johnson County Jail

The Jail has never had a policy of denying inmates medical equipment. (Dkt. 68-4 at 2, ¶ 7.) At all times relevant to Stewart's Amended Complaint, the Jail contracted with ACH for the provision of medical care to inmates. Id. at 2, ¶ 8.

ACH does not have any policies, protocols or procedures related to how their medical providers treat patients, but rather ACH expects providers to provide medical treatment that is appropriate based on the specific circumstances and the provider's medical judgment. (Dkt. 66-1 at 2, ¶ 3.) There was no ACH policy in place at the Jail that prevented a specific type of medical treatment, medical equipment, or medication. Id. at 2, ¶ 4. Jail staff do not dictate whether an ACH provider can prescribe certain medical equipment. Id. at 2, ¶ 5. If Jail staff have concerns about medical equipment, they can relay their concerns to medical staff. Id. Ultimately, the provider prescribes the medical equipment he or she believes is necessary and appropriate based on the specific circumstances and the provider's own medical judgment. Id.

The Jail has a written policy regarding the placement of inmates in segregation. (Dkt. 70 4.) The policy lists property and hygiene items that an inmate "may possess" while segregated. Id. at 2. The list includes items such as soap, baby powder, a pencil, deodorant, mattress, jail uniform, toothpaste, toothbrush. Id. The policy does not state that these are the only items the inmate may possess, and it omits items that an inmate would likely be allowed to possess, such as toilet paper and prescribed medication. See id.

2. Stewart's Injury

Stewart was severely injured in a truck accident on February 16, 2019. (Dkt. 68-2 at 3 (14).)^[2] As a result of the accident, he had surgery on his right ankle during which a surgeon placed locking plates and screws into his ankle. (Dkt. 94 at 2-5.) After surgery, Stewart was instructed to be non-weightbearing for a minimum of six weeks and then he would be transferred to a removable medical boot. Id. at 3. Stewart had several follow-up visits with his doctors and around March 11, 2019, was placed in a medical boot with no restrictions to range of motion exercises, was instructed to remain non-weightbearing, and was given an ACE bandage to decrease swelling. Id. at 7-9.

On April 15, 2019, Stewart had a follow-up appointment at Eskenazi Hospital Orthopedics. Id. at 10. X-rays were taken, and medical staff noted that they "explained that the medial malleolus screw is broken," that the doctors "would not recommend surgery for this," and that they "would recommend continued nonoperative management, with expectation that the medial malleolus will heal." Id.^[3]Stewart's doctors determined that they "would like to advance his weightbearing status at this time to weightbearing as tolerated. He should transition from 2 crutches to 1 crutch to a regular shoe in graduated fashion." Id. A month later, the doctors ordered x-rays due to a concern for delayed healing of Stewart's ankle. Id. at 12. The x-rays demonstrated that a fibular plate had fractured. Id. at 19.

3. Stewart's Incarceration

On June 8, 2019, Stewart was arrested and booked into the Jail. (Dkt. 68-2 at 5 (49).) After being processed, he was placed in general population with his crutches and boot. Id. at 5-6 (49-50). He was released from the Jail on June 11, 2019. Id. at 6-7 (50-51).

Stewart was again arrested and booked into the Jail on June 21, 2019. Id. at 10 (55). When he was being processed, he had an intake with medical staff at which he "caught them up to speed about [his] ankle issues and what surgeries [he had] been having, medications, appointments." Id. at 11 (57). He was again placed in general population with his boot and crutches. Id.

On June 26, 2019, Stewart got into a fight with another inmate. Id. The inmate initiated the fight by threatening him, so Stewart hit him. Id. at 13 (59). The encounter between the two lasted about five seconds before jail staff came and restrained Stewart. Id. As officers forcefully restrained Stewart, he felt a "pop" in his calf and informed the officers about it. (Dkt. 70-1 at 45 (62).)

Stewart was examined by ACH medical staff immediately after the fight. (Dkt. 68-4 at 4.) He told the provider that his tooth had been knocked out, but an assessment showed the tooth remained in place, and he was advised to rinse his mouth out with water. Id. No other injuries were noted, nor is there any notation concerning his boot and crutches. Id.

Stewart's memory of his treatment differs from the medical records. At his deposition, he testified that it was at this encounter that unnamed Jail staff took his boot and crutches away from him. (Dkt. 70-1 at 46 (63).) Stewart testified, "They told me that I can't have my boot or crutches and they gave me an [ACE] bandage. The jail officers did that." Id. He then clarified that a doctor gave him the ACE...