Alsobrook v. Alvarado

986 F. Supp. 2d 1312, 2013 WL 6246383, 2013 U.S. Dist. LEXIS 170298
CourtDistrict Court, S.D. Florida
DecidedDecember 3, 2013
DocketCase No. 10-22183-CV
StatusPublished
Cited by2 cases

This text of 986 F. Supp. 2d 1312 (Alsobrook v. Alvarado) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alsobrook v. Alvarado, 986 F. Supp. 2d 1312, 2013 WL 6246383, 2013 U.S. Dist. LEXIS 170298 (S.D. Fla. 2013).

Opinion

ORDER ON MOTIONS TO DISMISS

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court upon Defendants Fatu Kamara-Harris and MHM Solutions, Inc.’s Motion to Dismiss (DE 121), filed July 1, 2013, Defendants Alvarado, Medina, Clay, Crews, and Harris’ Motion to Dismiss (DE 127), filed July 17, 2013, and Defendant Green’s Motion to Dismiss (DE 154), filed November 4, 2013. In the Motions, Defendants argue that Counts I and II should be dismissed for failure to state a cause of action, or, alternatively, because they are barred by the Heck doctrine,1 that Counts IV, VII, and VIII should be dismissed for failure to state a cause of action, that Counts IV and VII should be dismissed for failure to exhaust administrative remedies, and, finally, that upon dismissal of Counts I, II, and IV, that Counts V and VI must also fail, as they are dependent upon the existence of the constitutional torts complained of in Counts I, II and IV. The Court, being fully briefed on the matter,2 finds that Defendants Harris and MHM Solutions, Inc’s Motion should be denied, Defendants Alvarado, et al.’s Motion should be granted in part, and Defendant Green’s Motion should be granted.

BACKGROUND3

On May 22, 2013, Plaintiff Christopher Uriah Alsobrook (“Alsobrook”) filed his eight-count Third Amended Complaint (the “Complaint”) (DE 105) against Defendants Sergeant Alvarado, Sergeant Medina, Officer Clay, Fatu Kamara-Harris (“Nurse Harris”), MHM Solutions, Inc. (“MHM Solutions”), Michael Crews, David Harris, and Captain Green, alleging causes of action under 42 U.S.C. § 1983 related to a violation of Alsobrook’s constitutional rights on June 6, 2009, at which time Also-brook was an inmate at the South Florida Reception Center, and which resulted in Alsobrook sustaining numerous serious in[1316]*1316juries. Alsobrook is an inmate in the custody of the Florida Department of Corrections; Captain Green, Sergeant Alvarado, Sergeant Medina, and Officer Clay are employees of the Florida Department of Corrections working at the South Florida Reception Center;4 MHM Solutions is a foreign corporation, which was under contract with the Florida Department of Corrections to provide healthcare services to inmates at Department of Corrections facilities, including the South Florida Reception Center; Nurse Harris was an employee of MHM Solutions, assigned to work at the South Florida Reception Center as a nurse;5 Michael Crews is the Secretary of the Florida Department of Corrections;6 David Harris is the former warden of the South Florida Reception Center.7

On the morning of June 6, 2009, Sergeant Alvarado was on duty at the South Florida Reception Center. Alsobrook was in a cell with a cellmate at the South Florida Reception Center. Alsobrook’s cellmate told Sergeant Alvarado that he did not want to be in a cell with Alsobrook, and that he would become violent if he was not separated from Alsobrook. Alsobrook also requested to be placed in a cell separate from his cellmate. Sergeant Alvarado did not separate Alsobrook from his cellmate. Shortly thereafter, Alsobrook’s cellmate initiated a fight, which resulted in Alsobrook sustaining numerous serious injuries. Alsobrook admitted to fighting with his cellmate, and, accordingly, Also-brook was cited in a disciplinary report for fighting and suffered the loss of thirty-days gain time. Based on these facts, Count I states a cause of action against Sergeant Alvarado for deliberate indifference to a risk of serious harm.

After several minutes, and while the attack was still ongoing, Sergeant Medina, Sergeant Alvarado, and Officer Clay (together, the “Corrections Officers”) came to Alsobrook’s cell door, at which time his cellmate stopped attacking him. Also-brook asked the Corrections Officers to separate him from his cellmate to stop the fight. The Corrections Officers did not move to intercede, and Alsobrook repeated his request, this time using profanity.8 The Corrections Officers then stood by and watched as Alvarado’s cellmate resumed attacking him and the fight began anew. Based on these facts, Count II states a cause of action against Sergeant Medina, Sergeant Alvarado, and Officer Clay for deliberate indifference to a risk of serious harm.

The fight eventually ended, leaving Also-brook covered with blood and with visible wounds on his face and the back of his head. Sergeant Medina then ordered Alsobrook and his cellmate to allow themselves to be handcuffed through a flap in the cell door. Alsobrook agreed, but his cellmate refused to allow himself to be handcuffed. Sergeant Medina refused to remove Alsobrook from his cell until both inmates were handcuffed. As a result, Alsobrook remained in his cell, untreated, for another two hours. Based on these facts, Count III states a cause of action [1317]*1317against Sergeant Medina for deliberate indifference to serious medical needs.

Alsobrook and his cellmate were then removed from their cell by Captain Green and escorted to the infirmary, where Nurse Harris was assigned to provide care to Alsobrook. While in the infirmary, Alsobrook vomited after being overcome with nausea and dizziness. Nonetheless, and despite being in the infirmary for two hours, Nurse Harris neither performed any diagnostic tests on Alsobrook to assess his head trauma nor did she clean, bandage, or suture any of Alsobrook’s wounds. Nurse Harris provided Alsobrook with four ibuprofen and he was returned to his cell by Captain Green. Five days later, on June 11, 2009, Alsobrook vomited in his cell, suddenly lost consciousness, and struck his head against his hunk on his way to the floor, causing a new laceration on his forehead. Based on these facts, Count IV states a cause of action against Nurse Harris and MHM Solutions for deliberate indifference to serious medical needs.

Michael Crews, as Secretary of the Florida Department of Corrections, had in place an official policy not to supervise or train healthcare personnel from private contracting firms such as MHM Solutions. Michael Crews has in place an official policy which forbids or discourages corrections officers from removing inmates from their cells unless all inmates in the cell agree to be, and are, handcuffed, even in the face of medical emergencies. David Harris, as Warden of the South Florida Reception Center, has in place an official policy which forbids or discourages corrections officers from removing inmates from their cells unless all inmates in the cell agree to be, and are, handcuffed, even in the face of medical emergencies.9 Based on these facts, Count V states a cause of action for policy liability against Michael Crews, in his official capacity as Secretary of the Florida Department of Corrections, and David Harris, in his individual capacity.

Count VI states a cause of action for supervisory liability against David Harris for an alleged failure to train Sergeant Medina, Sergeant Alvarado, and Officer Clay, which led to their deliberate indifference towards Alsobrook’s constitutional rights.10

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Cite This Page — Counsel Stack

Bluebook (online)
986 F. Supp. 2d 1312, 2013 WL 6246383, 2013 U.S. Dist. LEXIS 170298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alsobrook-v-alvarado-flsd-2013.