BALL v. PLASSE

CourtDistrict Court, S.D. Indiana
DecidedFebruary 3, 2023
Docket2:21-cv-00062
StatusUnknown

This text of BALL v. PLASSE (BALL v. PLASSE) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BALL v. PLASSE, (S.D. Ind. 2023).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION

KEITH ALLEN BALL, ) ) Plaintiff, ) ) v. ) No. 2:21-cv-00062-JMS-MJD ) JOHN PLASSE Sheriff, ) ) Defendant. )

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Keith Ball was a pretrial detainee in the Vigo County Jail from May 2020 to May 2022 during the COVID-19 pandemic. He filed this civil rights suit alleging that he was subjected to unconstitutional conditions of confinement while incarcerated at the jail that caused him to contract the virus. The defendant, Vigo County Sheriff John Plasse, has filed a motion for summary judgment. Dkt. 26. For the reasons below, that motion is granted as to Sheriff Plasse in his individual capacity but denied as to claims against him in his official capacity. I. Standard of Review Parties in a civil dispute may move for summary judgment, which is a way of resolving a case short of a trial. See Fed. R. Civ. P. 56(a). Summary judgment is appropriate when there is no genuine dispute as to any of the material facts, and the moving party is entitled to judgment as a matter of law. Id.; Pack v. Middlebury Comm. Sch., 990 F.3d 1013, 1017 (7th Cir. 2021). A "genuine dispute" exists when a reasonable factfinder could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). "Material facts" are those that might affect the outcome of the suit. Id. When reviewing a motion for summary judgment, the Court views the record and draws all reasonable inferences from it in the light most favorable to the nonmoving party. Khungar v. Access Cmty. Health Network, 985 F.3d 565, 572−73 (7th Cir. 2021). It cannot weigh evidence or make credibility determinations on summary judgment because those tasks are left to the

factfinder. Miller v. Gonzalez, 761 F.3d 822, 827 (7th Cir. 2014). The Court is only required to consider the materials cited by the parties, see Fed. R. Civ. P. 56(c)(3); it is not required to "scour every inch of the record" for evidence that is potentially relevant. Grant v. Tr. of Ind. Univ., 870 F.3d 562, 573−74 (7th Cir. 2017). "[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). "[T]he burden on the moving party may be discharged by 'showing'—that is, pointing out to the district court—that there is an absence of evidence to support

the nonmoving party's case." Id. at 325. II. Factual Background Because the defendant has 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 that party's favor." Zerante v. DeLuca, 555 F.3d 582, 584 (7th Cir. 2009) (citation omitted). A. Precautionary Measures for COVID-19 at the Jail On March 11, 2020, the World Health Organization declared COVID-19 a pandemic.1 The Vigo County Jail undertook health precautions at the direction and recommendation of the Vigo County Department of Health.2 Dkt. 26-2 at ¶ 17. Jail Commander Charles Funk and Jail Matron

Casey Lee were responsible for the day-to-day operations at the jail. Id. at ¶¶ 3−4, 6. Inmates booked into the jail were quarantined for two weeks beginning in March 2020. Id. at ¶ 7. The jail issued masks to inmates attending court hearings in June 2020. Id. at ¶ 8. Jail staff began wearing masks in August 2020. Id. at ¶ 9. Masks were given to inmates who were in quarantine, leaving general population, moving around the facility, and in common areas in November 2020. Id. at ¶ 11. In December 2020, an inmate who died following a medical episode tested positive for COVID-19. Dkt. 26-3 at ¶ 12. The Indiana Department of Health ordered that all of the inmates in the jail be tested following his death, and over 100 inmates, including Mr. Ball, tested positive. Id.

at ¶¶ 14−15. After this COVID-19 outbreak, all inmates were required to wear masks. Id. at ¶ 13. Mr. Ball testified that he did not have access to a mask before the inmate's death. Dkt. 26-1 at 24. After the outbreak, the Indiana Department of Health instructed the jail to be locked down. Dkt. 26-3 at ¶ 18. Inmates who tested positive were placed in separate cellblocks and quarantined for two weeks. Id. at ¶ 17. During the lockdown, inmates were allowed out of their cells for one hour each day to shower and speak with family by phone or through the kiosk. Id. at ¶ 19. The

1 See Centers for Disease Control and Prevention, "CDC Museum COVID-19 Timeline," https://www.cdc.gov/museum/timeline/covid19.html (last visited Jan. 13, 2022). 2 Mr. Ball disputes that the precautions taken before and after the outbreak were done at the direction and recommendation of the Vigo County Board of Health. Dkt. 63 at 6, ¶ 29. However, he provides no evidence to create a material dispute of this fact. jail's medical department spoke to inmates in groups about what a positive COVID-19 test meant and what signs and symptoms to look for. Id. at ¶¶ 20−21. Jail officers were instructed to contact the medical department if any inmate complained of COVID-19 symptoms. Id. at ¶ 24. Inmates are provided with cleaning supplies each day, which include a mop, a mop bucket

with a cleaning solution with disinfectant, dust mop, toilet brush, spray bottle, and rags. Dkt. 26-4 at ¶¶ 17−20. Trustees began disinfecting hard surfaces and holding cells in March 2020. Id. at ¶ 21. More cleaning materials were provided after the December 2020 outbreak. Id. at ¶ 22. COVID-19 tests were not available at the jail until December 2020, when they were provided by the Health Department. Dkt. 26-2 at ¶¶ 17, 19. COVID-19 vaccines were not available in December 2020, but they are now offered to all incoming inmates. Id. at ¶¶ 20, 22. B. Mr. Ball's Illness and Claims Mr. Ball felt sick in the second and third week of November 2020. Dkt. 24-1 at 13. He had headaches, body shivers, and was constantly cold. Id. at 13−14. Mr. Ball was seen by a nurse, who told him that he did not have COVID-19 and that his symptoms were due to the changing seasons.

Id. at 13. Mr. Ball asked the nurse for a COVID-19 test, and she told him, "We don't offer tests to people incarcerated. Seek it upon your release." Id. at 15, 24. Mr. Ball tested positive for COVID-19 during the December 2020 COVID-19 outbreak. Id. at 34. After his positive test, Mr. Ball had diarrhea for six days. Id. at 16. He had headaches twice a week from November 2020 through January 2021, and no sense of taste or smell from November 2020 through March 2021. Id. He also suffered from partial hearing loss in his right ear and constant arm tingling. Id. at 15, 21−22. Mr. Ball was seen by jail nurses and a doctor for his hearing loss, who treated him by flushing out his ears and providing ear drops. Id. at 17−18. Mr.

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