Turner v. Phillips

547 F.Supp.3d 1188

Donald E. TURNER, Jr., as Personal Representative of the Estate of Logan M. Turner, Plaintiff,

v.Lt. PHILLIPS, et al., Defendants.

Case No. 5:19cv140-TKW-MJF

United States District Court, N.D. Florida, Panama City Division.

Signed June 21, 2021

Daniel Mark Soloway, Daniel Jason Finelli, Soloway Law Firm, Pensacola, FL, Gillis Edward Powell, Jr, Powell Powell & Powell, Crestview, FL, for Plaintiff.

Alicia D. Carothers, Alyssa M. Yarbrough, William G. Warner, Timothy M. Warner, Warner Law Firm, Panama City, FL, Jennifer Alane Hawkins, Panama City Beach, FL, for Defendants.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

T. KENT WETHERELL, II, UNITED STATES DISTRICT JUDGE

This case is before the Court based on the motions for summary judgment filed by Defendant Tommy Ford (Sheriff Ford) (Doc. 70); Defendants Kenneth Phillips (Lt. Phillips), Joseph Mastro (Sgt. Mastro), and Mary Jane Ridley (Nurse Ridley) (Doc. 71); Defendants Freddie Furman, II (DO¹ Furman) and Tyshawn Potter (DS² Potter) (Doc. 72); and Defendant Jack Howell (MHC³ Howell) (Doc. 73). Upon due consideration of the motions, Plaintiff's responses in opposition (Docs. 80, 81), Defendants’ replies (Docs. 88, 91, 92), and the voluminous evidence submitted by the parties (attachments to Docs. 68, 69, 80, 81, 84, 85),⁴ the Court finds for the reasons that follow that the motions are due to be granted in part and denied in part.

Case Overview

This is a prison suicide case. Plaintiff is the personal representative of the estate of Logan Turner who was a pre-trial detainee at the Bay County Jail when, on May 18, 2018, he hanged himself in his cell. Defendants are the Bay County Sheriff and six jail employees who, according to Plaintiff, knew that Mr. Turner was suicidal but did essentially nothing to prevent him from harming himself. Plaintiff asserts claims against the Defendants under 42 U.S.C. § 1983 and state law. The main issue in dispute is whether Defendants knew that Mr. Turner was suicidal—or, more specifically, whether they had subjective knowledge that there was a "strong likelihood" that Mr. Turner would harm himself when he did.

Facts

Mr. Turner (age 29) was arrested on April 18, 2018, around 10:15 p.m. after giving a false name to a law enforcement officer during a traffic stop. He was found in possession of methamphetamine and drug paraphernalia, and he admitted to using "meth" on the day of his arrest.

While being transported to the Bay County Jail, Mr. Turner stated that "[he] will kill [him]self if [he] ha[s] to be locked up," and that he wanted to die due to the charges against him and because "drug dealers," "law enforcement," and "everyone else" wanted him dead.

During the intake process at the jail in the early morning hours of April 19, Mr. Turner informed the jail staff that he had previously been hospitalized for mental health problems and that he had made one or more suicide attempts the week prior to his arrest. As a result, Mr. Turner was placed on a Baker Act⁵ hold, admitted to the jail's most restrictive suicide precaution protocol (SP-1) and referred for a mental health evaluation.

Later that day, MHC Howell conducted a mental health assessment of Mr. Turner. MHC Howell documented that Mr. Turner had previous inpatient psychiatric care, drug or alcohol dependence, and suicide attempts or suicidal ideations that came to his "mind a lot."

In accordance with jail policy, mental health staff regularly met with Mr. Turner while he was on SP-1 precautions. MHC Howell personally met with Mr. Turner on April 19, 25, 26, 30, and May 1.

On April 27, Mr. Turner told a mental health counselor intern that he was aggravated because he was not suicidal and that he wanted to get out of suicide precautions.

Four days later, on May 1, MHC Howell recommended to the jail's Suicide Precaution Committee⁶ that Mr. Turner should be removed from suicide precautions, subject to the agreement of the jail psychiatrist, Dr. Vicki Alberts. The recommendation was based on the unusually long time that Mr. Turner had been on SP-1 precautions; the absence of any suicidal behavior during his confinement; his consistent and continuing active denials that he was suicidal; and MHC Howell's general interactions with Mr. Turner

The Committee convened later that day and tentatively approved Mr. Turner's release from suicide precautions, subject to Dr. Albert's assessment that was scheduled to take place later that day. Sgt. Mastro (filling in for the chief of security) was a member of the Committee that recommended Mr. Turner's release from suicide precautions.

The same day, May 1, Dr. Alberts conducted a psychiatric evaluation of Mr. Turner and agreed that he no longer needed suicide precaution placement. She authorized the Committee to determine where Mr. Turner would be placed, and Mr. Turner was moved to general population housing that day.

Eight days later, on May 9, the mental health counselor intern met with Mr. Turner for a follow-up mental health assessment. The intern noted the need to discuss a medication adjustment with the jail doctor because Mr. Turner requested an antipsychotic due to "continued paranoia."

On May 15, Mr. Turner submitted a "Sick Call Request" for chronic neck and back pain and a possible urinary tract infection. The next day, medical staff evaluated Mr. Turner, treated him, and prescribed him medication.

On Friday, May 18, after the 2:00 p.m. count, Mr. Turner approached DO Marcus Roberts and requested to talk to the "chief of security" because Mr. Turner was concerned that he was HIV positive and would start an epidemic at the jail. DO Roberts explained to Mr. Turner that medical staff would see him the following morning if he filled out the requisite forms.

At 3:00 p.m., Mr. Turner repeated his request to DO Roberts. Nurse Ridley was nearby, and DO Roberts asked her to take a look at Mr. Turner because he was acting strange and disruptive. Nurse Ridley testified that she checked Mr. Turner's vitals, but could not understand what he was saying because he was crying so hard.

Nurse Ridley referred Mr. Turner for a mental health assessment with MHC Howell. Mr. Turner was taken to the mental health unit about 30 minutes later where he was assessed by MHC Howell.

MHC Howell documented that Mr. Turner's affect, mood, and appearance were not within normal limits and that he stated that he could not sleep, but Mr. Turner assured MHC Howell that he was not suicidal and told him that he did not want to go back on suicide watch. MHC Howell did not simply take Mr. Turner's word that he was not suicidal. Instead, he determined that Mr. Turner could return to his dorm in general population because after "meet[ing] with Turner over an extended period, attempting to ascertain and understand why he had become so upset ... and then engag[ing] with him on those topics, what they meant, and how they made him feel," MHC Howell concluded that Mr. Turner was not suicidal and did not require specialized suicide housing because he "had calmed down and was future-oriented and did not express any thoughts or feelings of hopelessness or helplessness."

DO Roberts escorted Mr. Turner back to the general population dorm a little after 4:00 p.m.

Approximately one hour later, DO Roberts found Mr. Turner slumped over on the floor and unresponsive to verbal commands. DO Roberts testified that he performed a sternum rub technique, which caused Mr. Turner to wake up and become "disruptive." As a result, DO Roberts restrained Mr. Turner and informed his supervisor, Lt. Phillips, that Mr. Turner was paranoid that he was HIV positive and going to start an epidemic at the Jail; had spoken with mental health and medical staff multiple times that day; and was becoming agitated and unable to focus. DO Roberts suggested, and Lt. Phillips agreed, that Mr. Turner be placed on behavioral observation.⁷

DO Roberts took Mr. Turner back to the medical unit to have a pre-segregation health evaluation, as required by jail policy. The evaluation was conducted by Nurse Ridley, who was told by DO Roberts that Mr. Turner was being disruptive and was being placed on behavioral observation because he (Mr. Turner) was "not safe."

Before conducting the evaluation, Nurse Ridley retrieved Mr. Turner's medical chart from the mental health unit. While there, she informed MHC Howell that Mr. Turner was being placed on behavioral observation, to which MHC Howell responded that that he intended to follow up with Mr. Turner on Monday.

MHC Howell did not seek to follow-up with Mr. Turner at that time "because [he] had just met with Turner less than an hour before, because [he] already planned to meet with Turner again on Monday morning, and because [he] did not believe that placement in more secure housing with greater supervision posed a risk to Turner."

MHC Howell left the jail for the weekend shortly after his interaction with Nurse Ridley.

During her evaluation of Mr. Turner, Nurse Ridley directly asked him if he was suicidal or homicidal and Mr. Turner answered that he was not. Nurse Ridley documented that Mr. Turner suffered from major depression, social anxiety, and "opioid use—amphetamine use"; was tearful; and had not slept for 3 days.

Nurse Ridley finished the evaluation at approximately 5:16 p.m. and cleared Mr. Turner for segregation. DO Roberts then escorted Mr. Turner to behavioral observation in the C-4 dorm. Nurse Ridley left the jail around 6:00 p.m. and had no further interactions with Mr. Turner

A C-4 dorm pod video recording (Doc. 68-72) captured the duration of Mr. Turner's time in behavioral observation. The recording shows the common area and the exterior of the cell doors within the C-4 dorm pod and could be viewed in real time in the C-dorm control room.⁸

At approximately 5:21 p.m., Mr. Turner is placed in the shower cell of the C-4 dorm. He was wearing a striped (general population) uniform at the time, but an inmate orderly brought him an orange (behavioral observation) uniform.

Within minutes...