United States District Court, D. Colorado
ORDER ON MOTIONS TO DISMISS
DANIEL
D. DOMENICO UNITED STATES DISTRICT JUDGE
The
plaintiff in this case alleges constitutional harms, federal
statutory violations, and negligence arising from a sustained
period of bodily restraint after he attempted suicide during
his pretrial detention. Defendants are an assemblage of
thirty-nine named and additional unnamed individuals and
entities. Before the Court are seven fully briefed motions to
dismiss, covering all defendants, for failure to state a
claim under Fed R. Civ. P. 12(b)(6).
I.
ALLEGATIONS
The
following allegations are taken from the Plaintiff's
Amended Complaint (Doc. 14) and are treated as true for
purposes of assessing the motions to dismiss. See Wilson
v. Montano, 715 F.3d 847, 850 n.1 (10th Cir. 2013).
A.
Allegations Concerning the Plaintiff
Plaintiff
Stephen Garrett was arrested on August 10, 2016 and at all
relevant times was a pretrial detainee at the Fremont County
Detention Center, a division of the Fremont County
Sheriff's Office. During the course of his arrest, it
became known to officers that Mr. Garrett is mentally infirm.
On November 15 and 16, 2016, he informed personnel at the
detention center that his depression and suicidal ideation
had developed into an acute and spiraling mental health
crisis. On November 16, he told Defendant Sarah Brassfield,
[1] a
county employee, that he was “seriously and imminently
contemplating suicide.” She responded: “I wish
you would f*cking kill yourself.”
Hours
later, on November 17, Mr. Garrett used a razor to slice open
his left arm, cutting his radial artery and causing
significant blood loss. Mr. Garrett was transported to the
hospital, where his wounds were sutured and dressed, and was
returned to the detention center and placed in solitary
confinement. He received no mental health attention or
intervention and, later that day, removed the bandage from
his own arm and tried to reopen the wound. Officers
discovered the bloody bandage on the ground, called for
medical transport, and took Mr. Garrett back to the hospital,
where staff noted no significant additional harm and
re-dressed the wound. Early on November 18, Mr. Garrett was
returned to the detention center, where officers and medical
personnel placed him in a restraint chair-a device with
straps across the legs, abdomen, chest, and arms. Officers
also placed “transport gloves” and metal
handcuffs on him.
Over
the next twenty-eight days, Mr. Garrett remained in some form
of bodily restraint, including the chair, gloves, handcuffs,
or a wrist-waist restraint belt. During the long periods his
hands were in the gloves, moisture caused deterioration of
the skin on his hands, which painfully molted when the gloves
were removed. Once, detention center staff cleaned the gloves
with a commercial-grade aerosol disinfectant and placed them
back on Mr. Garrett's hands, causing searing pain to his
already-raw skin.
Mr.
Garrett was sometimes permitted to choose the method of his
restraint: he could remain in the chair with the gloves and
handcuffs, or he could use the wrist-waist restraint belt
with the gloves and handcuffs. Choosing the latter meant
being placed in an observation cell with bright fluorescent
lights, where he was made to keep his hands in view. He could
only stand or lie on his back and could not use a blanket. As
such, he became sleep-deprived. To get rest, he would opt to
be strapped down in the chair.
Mr.
Garrett also has a known seizure disorder, for which he was
over-prescribed medications, causing physical instability.
When permitted to walk, he would trip on stairs and cut his
head and suffer headaches. On three occasions, he lost
consciousness in the chair. Once, his over-medicated,
sleep-deprived, and unconscious state caused him to vomit
undigested food and aspirate the vomit while restrained.
Because of the restraints, he was unable to signal for help,
though he did receive it.
At all
times, Mr. Garrett remained in the highly trafficked and
monitored “booking area” of the detention center.
It was “obvious to anyone observing . . . that he was
in a consistent state of crisis and experiencing excruciating
discomfort, severe sleep deprivation, and that his prolonged
restraint (and lack of mental health care) was causing [him]
extreme mental and physical distress.” He was unable to
access certain services programs, and activities the
detention center, including telephone, in-person visitation,
outdoor exercise, social interaction, and medical
“kite” and grievance systems. He pleaded with
detention center staff and medical personnel to be released
from his restraints. He requested that Fremont County and its
personnel “modify” their restraint chair and soft
restraint “policies, ” or “any associated
actual practices or customs regarding [their] use, ”
which were “inhumane, degrading, and a violation of his
rights.” He sent detention center personnel and medical
staff formal grievances. But despite his pleas and mental
distress during this time, he received no “meaningful
or timely” mental health treatment, intervention,
consultation, or regular monitoring from his arrest until
mid-December.
Around
December 16, Mr. Garrett was transferred to the Colorado
Mental Health Institute for a competency evaluation in
connection with his pending charges. At the institute, his
physical and mental health improved. He interacted with
others without incident, maintained his weight and nutrition,
and managed the side effects related to his medications. He
asserts that he is “highly receptive to meaningful
treatment by appropriately-trained [sic] staff, ” and
“the restraints and solitary confinement utilized by
personnel at [the detention center] are absolutely
unnecessary provided that he has appropriate mental health
treatment and support.” Around January 17, 2017, Mr.
Garrett was transferred back to the detention center and
returned to solitary confinement, where he suffered physical
health deterioration with significant weight loss, increased
suicidal ideation, and mental suffering. This confinement
lasted several months, and he was only allowed out of his
cell for one hour per day.
Mr.
Garrett further alleges that on April 23, 2017, a few days
after he consulted with his counsel in this case, Defendant
Brent Merlo, an officer in the detention center, opened the
cell door of an inmate who intended to harm Mr. Garrett
during a no-contact “lockdown.” That inmate
“rushed [Mr. Garrett] and physically engaged
him.” On about April 25, detention center personnel did
this again during another lockdown, and the same inmate again
attempted to harm him. These actions were coordinated,
facilitated, and encouraged by Defendant Justin Green. When
the Mr. Garrett confronted officers about this retaliatory
behavior, the officers responded, on more than one occasion,
that it was related to his intention to file a lawsuit
against detention center staff. Mr. Green specifically told
Mr. Garrett that “life would be hard” if he filed
one. Detention center staff also began serving Mr. Garrett
cups of sausage grease for breakfast following his complaints
about small pieces of metal in his food.
B.
Allegations Concerning Defendants
Defendants
Brassfield, Merlo, and Green are the only defendants alleged
by name to have engaged in any specific conduct in the
Amended Complaint. Those three, and all other defendants are
grouped into one or more of five categories and tied to
general allegations:
(1) “Fremont County Defendants”:
The Board of County Commissioners of the County of Fremont,
Sheriff Allen Cooper (in his official capacity), former
Sheriff James Beicker (in his official capacity), and former
Sheriff Ty Martin (in his official capacity). These
defendants are divisions of a municipality, the latter of
which is alleged to be the “final policymaker for
Fremont County with respect to all matters . . ., including
the [detention center].”
(2) “Corporate Defendants”:
Wellpath LLC, Correctional Healthcare Companies, Inc.,
[2]
Correct Care Solutions, LLC, CHC Companies, Inc., Great Peak
Healthcare Services, P.C., and Natcore Healthcare Industries,
Inc. Mr. Garrett alleges, on information and belief, these
defendants have “contracted with Fremont County during
the relevant time period through a direct contract or
sub-contract with another or related entity to provide
medical services to inmates and pretrial detainees at the
[detention center] and supervise[] and implement[] such
care.”
Mr.
Garrett alleges these defendants, acting under color of state
law pursuant to their contracts, maintained “policies
and practices of systematic isolation and solitary
confinement of detainees in mental health crises, inadequate
staffing patterns, inadequate behavioral health assessment,
diagnosis, and intervention, inadequate mental health care
and programming, and a pattern of over-medicating and
warehousing detainees in lieu of providing more comprehensive
interventions.”
(3)
“Medical Provider Defendants”:
Raymond Herr, M.D., Sharon Allen, M.D., Stephanie Repshire,
LPN, Kathleen Maestas, LPN, Peter Cedergreen, L.P.C., Adam
Beaty, R.N., Travis Waters, George Callahan, and Daniel
Vaught. Mr. Garrett alleges that these defendants, acting
under color of state law, are “agent[s], employee[s],
and/or subcontractor[s] of one or more of the Corporate
Defendants and w[ere] responsible for providing medical care
to [him] during his pretrial detention.” Mr. Herr was a
policymaker and Chief Medical Officer for several Corporate
Defendants. Mr. Garret alleges that “Defendants Vaught,
Cedergre[e]n, Callahan, Waters, and Beaty, among others
providers . . . failed to properly assess and monitor”
him, “failed to properly address the acute side effects
caused by over-medication that resulted in [him] falling and
injuring himself, ” “fail[ed] to intervene during
periods of unnecessary and extremely harmful solitary
confinement, ” and “fail[ed] to provide
reasonable mental health interventions despite [his] numerous
and desperate pleas.”
(4)
“FCDC Personnel”[3]: James Beicker
(individually), Ty Martin (individually), Justin Green, John
Rankin, Carrie Hammel, Sarah Brassfield, Morgan Roquemore,
Mackenzie Roquemore, Travis Taylor, Michael Moore, Amanda
Lucero, Andrea Hopkins, Stephen Kreuger, Jeremy Miller, John
Ricci, Charlene Combs, Brandon O'Grady, Cory Burton,
Jaeson Watts, Caleb Chase, Brandon Lovato, Brent Merlo, and
Jordan Peters. Of these each of these defendants, Mr. Barret
alleges “[a]t all material times, this defendant was an
agent and/or employee of Fremont County, working at the
Fremont County Detention Center, and acting under color of
state law.”
(5)
“Individual Defendants”: Medical
Provider Defendants and FCDC Personnel combined. As a
catch-all, Mr. Garrett alleges that “[e]ach of the
Individual Defendants named in this lawsuit and identified in
the preceding paragraphs were either (1) personally and
actively involved . . . in direct observation and . . .
prolonged restraint, solitary confinement, and/or retaliation
directed towards the Plaintiff; (2) failed to intervene
despite a duty and opportunity to do so; or (3) otherwise
acquiesced in the illegal conduct described.”
C.
Causes of Action and Procedural History
Mr.
Garrett filed the Complaint on November 11, 2018 and an
Amended Complaint on February 13, 2019. He alleges deliberate
indifference to his serious medical needs in violation of the
Fourteenth Amendment against all Defendants; excessive force
in violation of the Fourteenth and Fourth Amendments against
the Individual Defendants; retaliation in violation of the
First Amendment against Defendants Merlo and Green; medical
negligence against the Medical Provider Defendants and
Corporate Defendants; negligence in operation of a jail
against the Fremont County Defendants and Individual
Defendants; and violations of the Americans with Disabilities
Act (“ADA”) and Rehabilitation Act against the
Fremont County Defendants. Defendants filed seven separate
motions to dismiss on May 17 and 21, 2019, on a host of
grounds including qualified immunity, statute of limitations,
and failure to plausibly plead entitlement ...