Woodward v. Lopinto

TIFFINI WOODWARD v. SHERIFF JOSEPH P. LOPINTO, ET AL

CIVIL ACTION NO: 18-4236 SECTION: "S" (4)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

May 17, 2021

ORDER AND REASONS

IT IS HEREBY ORDERED that the Motion for Summary Judgment (Rec. Doc. 144) filed by defendants, CorrectHealth Jefferson, LLC ("CorrectHealth"), Ironshore Specialty Insurance Company, Michelle Becnel, Vonzelle Gabriel, and Margaret Armant (collectively "defendants"), is GRANTED in part. Plaintiff's claims brought on behalf of her minor child, LW, are DISMISSED, and plaintiff's claims for injunctive relief and declaratory relief are DISMISSED as to CorrectHealth, Ironshore Specialty Insurance Company, Michelle Becnel, Vonzelle Gabriel, and Margaret Armant. In all other respects, the motion is DENIED;

IT IS FURTHER ORDERED that the Motion for Summary Judgment Regarding Deliberate Indifference (Rec. Doc. 147) filed by defendants is GRANTED in part, and the claims against Vonzelle Gabriel and Margaret Armant are DISMISSED. In all other respects, the motion is DENIED;

IT IS FURTHER ORDERED that the Motion for Summary Judgment Regarding Punitive Damages (Rec. Doc. 145) filed by defendants is GRANTED in part, and plaintiff's claim for punitive damages for intentional infliction of emotional distress is DISMISSED. The motion is DENIED as to Nurse Becnel. With respect to CorrectHealth, the motion is PRETERMITTED pending the decision of the Fifth Circuit Court of Appeals in Moore v. LaSalle Corr., Inc., No. 20-30739 (5th Cir. Nov. 30, 2020);

IT IS FURTHER ORDERED that the Motion for Partial Summary Judgment on Liability (Rec. Doc. 148) filed by plaintiff is DENIED.

I. BACKGROUND

In this case brought under 42 U.S.C. § 1983, plaintiff alleges her Eighth and Fourteenth Amendment rights were violated by defendants' deliberate indifference to her serious medical needs while incarcerated, resulting in her labor and the delivery of her son in her prison cell toilet. Defendant CorrectHealth contracts with the Jefferson Parish sheriff's Office to provide medical care to persons housed in the Jefferson Parish Correctional Center, Ironshore Specialty Insurance Company is its insurer, and nurses Becnel, Gabriel, and Armant are CorrectHealth employees.

On May 22, 2017, plaintiff Tiffini Woodward, then eight months pregnant, was taken to Jefferson Parish Correctional Center ("JPCC") after testing positive for heroin, in violation of her parole. At intake it was noted that she was pregnant and a drug user, and she was referred to the infirmary. Staff at JPCC placed her in a cell and issued her a double mattress, double food portions, prenatal vitamins, and Tylenol 3 times daily.

The next day, May 23, 2017, Woodward complained that she was bleeding. She was taken to Tulane Lakeview Hospital for evaluation and treatment. Woodward was treated by Dr. Cecelia Gambala, a specialist in obstetrics and maternal fetal medicine, and residents under hersupervision. After observing Woodward for two days, Gambala determined she was not at a high risk of having a precipitous delivery and discharged her to JPCC the afternoon of May 25. The discharge report recommended that Woodward receive multiple medications and recommended follow up appointments related to her pregnancy. The discharge report noted that, on her third day in the hospital, there were "[n]o signs or symptoms of preeclampsia."

Upon returning to JPCC, Woodward was booked into the same cell. Around 5:00 p.m., Woodward reported that she was bleeding and at around 6:00 p.m., she was given a pad by Nurse Vonzelle Gabriel. At approximately 6:30 p.m., Woodward reported bleeding again, and, having flushed the pad, was given another pad to verify the bleeding. Starting at approximately 10:45 p.m.,Woodward reported that she was experiencing contractions. She reported them as worsening over the next 15 minutes, and at approximately 11:00 p.m., Nurse Michelle Becnel took Woodward's vitals. Becnel noted in Woodward's chart that she did not see any "S/S" (signs or symptoms) of pre-labor conditions, told Woodward to wear a sanitary pad, and told her to keep her abreast of signs and symptoms. The JPCC logbook from around that time indicates that Becnel told Woodward that she was having Braxton Hicks contractions, i.e., false labor. However, Woodward has testified that Becnel cursed her, and alleges that at some point during either the night of the 25th or the early morning of the 26th, after telling Becnel that she felt really bad, Becnel told her to "Shut the f*** up. Go back to your corner." There are no documented interactions after 11:00 p.m. Becnel never called the treating physician. However, Woodward alleges that she was complaining of stomach pain and vaginal pain at least every 20 minutes, banging on the door throughout the night, and screaming in anguish, although there isno sworn testimony on this point.

At 7:50 on the morning of May 26, shortly after Nurse Armant came on duty, Woodward reported she was bleeding and in pain, and the physician's assistant was called and it was reported she would arrive in half an hour. Just before 8:30 a.m. Woodward reported that she was having contractions every five minutes. Soon after, Woodward reported that she was having her baby. Woodward testified that she was yelling for help, eventually went to the toilet in her cell, pushed, and delivered her baby into the toilet. She said that the baby hit the toilet, went in to the water, and flipped back up with the umbilical cord around his neck and was not making any noise, and she thought he was dead.

It is unclear how long after Woodward delivered her baby that deputies and CorrectHealth staff entered the cell to address the situation, though Woodward claims it took them 15 minutes. Woodward testified that a deputy picked the baby out of the toilet. Around 8:40 a.m. Woodward and her child were taken to Ochsner Westbank where she eventually delivered the placenta, having a seizure in the process, and both she and her child received treatment.

From August 2017 to May 2018 Woodward was out of prison, and during that time she received drug treatment counseling, including group therapy at Addiction Recovery in Metairie, where she discussed the incident. She was subsequently arrested on other charges and pleaded guilty to conspiracy to commit armed robbery. At the time of Woodward's deposition, in October 2019, she was waiting to be evaluated for mental health treatment at CrescentCare. According to Woodward, she has recurring nightmares about the incident and is scared to allowher son near water, even to take a shower.

Woodward filed suit under 42 U.S.C. § 1983, alleging claims under the Eighth and Fourteenth Amendments for deliberate indifference to her serious medical needs, as well as state law causes of action for negligence and intentional and negligent infliction of emotional distress. She also seeks punitive damages.

Defendants have filed three motions for summary judgment. In the motions, defendants argue that plaintiff cannot succeed on her § 1983 claims because she cannot establish deliberate indifference by either the individual nurses or CorrectHealth, and that she cannot establish that she or her son sustained substantial harm caused by defendants' acts or omissions. Defendants further argue that plaintiff did not experience emotional distress severe enough to establish intentional infliction of emotion distress, and that punitive damages are not recoverable from the moving defendants. Defendants also contend that plaintiff is not entitled to injunctive or declaratory relief. Woodward opposes the motions, and has filed a motion for partial summary judgment on liability against CorrectHealth, arguing that CorrectHealth's policies were the moving force behind the harm suffered by Woodward.

II. DISCUSSION

A. Summary Judgment Standard

Rule 56 of the Federal Rules of Civil Procedure provides that the "court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Granting a motion for summary judgment is proper if the pleadings, depositions, answers to interrogatories, admissions on file,and affidavits filed in support of the motion demonstrate that there is no genuine issue as to any material fact that the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986). The court must find "[a] factual dispute . . . [to be] 'genuine' if the evidence is such that a reasonable jury could return a verdict for the nonmoving party . . . [and a] fact . . . [to be] 'material' if it might affect the outcome of the suit under the governing substantive law." Beck v. Somerset Techs., Inc., 882 F.2d 993, 996 (5th Cir. 1989) (citing Anderson, 477 U.S. 242 (1986)).

If the moving party meets the initial burden of establishing that there is no genuine issue, the burden shifts to the non-moving party to produce evidence of the existence of a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317 (1986). The non-movant cannot satisfy the summary judgment burden with conclusory allegations, unsubstantiated assertions, or only a scintilla of evidence. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc).

If the opposing party bears the burden of proof at trial, the moving party does not have to submit evidentiary documents properly to support its motion, but need only point out the absence of evidence supporting the essential elements of the opposing party's case. Saunders v. Michelin Tire Corp., 942 F.2d 299, 301 (5th Cir. 1991).

B. 42 U.S.C. § 1983 Claims

Title 42, section 1983 of the United States Code permits a plaintiff to bring a cause of action against a state actor for a violation of her constitutional rights. Healthcare professionals under contract with a prison to provide medical care to prisoners are considered state actors...