BRYANT v. HARRIS COUNTY GEORGIA

CourtDistrict Court, M.D. Georgia
DecidedFebruary 5, 2020
Docket4:18-cv-00106
StatusUnknown

This text of BRYANT v. HARRIS COUNTY GEORGIA (BRYANT v. HARRIS COUNTY GEORGIA) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BRYANT v. HARRIS COUNTY GEORGIA, (M.D. Ga. 2020).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION

JOANN BRYANT, *

Plaintiff, *

vs. * CASE NO. 4:18-CV-106 (CDL)

CRYSTAL GAIL GARREN, et al., *

Defendants. *

O R D E R Larry Wayne Burden, Jr. was an inmate at the Harris County Prison. On November 5, 2015, Burden collapsed while playing basketball in the prison yard. Tragically, he died soon afterwards. His mother brought this wrongful death action, alleging that the corrections officers on duty did not provide adequate aid to Burden after they learned he collapsed.1 Plaintiff asserts her claims pursuant to 42 U.S.C. § 1983, alleging that the corrections officers deprived Burden of his rights guaranteed by the Eighth Amendment to the U.S. Constitution. Plaintiff also claims that the Georgia Department of Corrections and Harris County are liable for any constitutional violations committed by the corrections officers. And, she asserts various state law claims. Defendants filed summary judgment motions, and Plaintiff filed a motion to set

1 Plaintiff also claimed that an unidentified prison guard used excessive force on Burden earlier in the day. She abandoned that claim, so Defendants are entitled to summary judgment on it. aside the Court’s previous order dismissing her claims against Harris County. As discussed below, Plaintiff did not present evidence that would permit a jury to conclude that the corrections officers violated Burden’s constitutional rights or that any constitutional violation caused Burden’s death. The Court thus grants Defendants’ summary judgment motions (ECF Nos. 33 & 34) and denies Plaintiff’s motion to set aside the order

dismissing her claims against Harris County (ECF No. 59). SUMMARY JUDGMENT STANDARD Summary judgment may be granted only “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.” Fed. R. Civ. P. 56(a). In determining whether a genuine dispute of material fact exists to defeat a motion for summary judgment, the evidence is viewed in the light most favorable to the party opposing summary judgment, drawing all justifiable inferences in the opposing party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). A fact is material if it is relevant or necessary to the outcome of the suit. Id. at 248. A factual

dispute is genuine if the evidence would allow a reasonable jury to return a verdict for the nonmoving party. Id. FACTUAL BACKGROUND Viewed in the light most favorable to Plaintiff, the record reveals the following facts. Burden was a state inmate housed at the Harris County Correctional Institution (the “Prison”), a minimum-security prison. The Prison is owned and operated by Harris County. Harris County houses up to 150 state inmates in the Prison for a fee pursuant to an agreement with the Georgia Department of Corrections (“GDOC”). Plaintiff admits that Prison employees are hired by Harris County and are paid by Harris County.

On November 1, 2015, Burden, who was twenty-four years old, complained to Corrections Officer Donald Barber of chest pain on his right side. Garren Dep. Ex. 37, Incident Report (Nov. 1, 2015), ECF No. 45 at 165. Burden stated that he thought it was because he drank so much coffee, and he asked for a medical request form. Id. Barber reported the issue to his supervisor, Crystal Garren, who told Barber to keep a close eye on Burden and have him fill out a medical request form. Id. Barber checked on Burden again, and Burden said it was a slight pain that “comes and goes.” Id. Barber advised Burden to fill out the medical request form and let officers know if the pain got any worse. Id. There is no evidence that any corrections officers except

Barber and Garren knew that Burden had reported chest pain. And, Plaintiff pointed to evidence that on November 3, 2015 Burden saw a medical provider who doubted that Burden’s symptoms were heart related and prescribed Tylenol and Omeprazole, a medication for gastroesophageal reflux symptoms. Walker Dep. Ex. 9, Physician’s Notes, ECF No. 47 at 258. On November 5, 2015, Crystal Garren, Daniel Maddox, Donald Walker, Jeremy McDowell, Noel Flowers, and Troy Moore (“Corrections Officer Defendants”) were on duty as corrections officers at the Prison.2 There were no medical personnel at the Prison that day. Burden and other inmates from his cell dorm had

a recreation period in the Prison recreation yard, an open-air yard within the interior of the prison. Burden played basketball with another inmate. He collapsed. No corrections officers were physically present in the recreation yard when Burden collapsed. At approximately 11:37 a.m., Maddox was taking lunch bags and juice to inmates in the yard. He “then observed” Burden lying on the ground.3 Walker Dep. Ex. 10, Incident Report (Nov. 5, 2015), ECF No. 47 at 259. Maddox rushed to Burden. Maddox Dep. 49:20- 50:2, ECF No. 46 (stating that it took him about fifteen seconds to get to Burden). Moore, who was stationed in the Prison’s

2 Barber was not on duty and not at the Prison on November 5, 2015. Plaintiff did not point to any evidence that Barber was subjectively aware that Burden had a serious medical need or that Barber was deliberately indifferent to such a need. Accordingly, Barber is entitled to summary judgment. 3 Defendants pointed to surveillance footage from which a jury could conclude that Burden was still on his feet playing basketball at 11:39:04. Nelson Decl. Ex. 1, M2U00388 00:01, ECF No. 35; Barber Dep. 62:1-16, ECF No. 48 (viewing video and stating that Burden is the player with the ball at 11:39); Walker Dep. 152:11-20, ECF No. 47 (viewing video and stating that Burden is still up at 11:39). But the Court must view the evidence in the light most favorable to Plaintiff, and a jury could conclude based on the incident report that Maddox saw Burden on the ground at or shortly after 11:37 a.m. and that the time stamp on the surveillance footage was slightly off. control room with Walker, noticed that several inmates were banging on a window between the yard and a hallway outside the control room. Moore went to the yard and saw Burden on the ground. He thought that Burden might have been knocked out while playing basketball; he saw that Burden was breathing and that his eyes were open, then shook him and asked him if he was okay. Moore Dep. 68:3-69:3, ECF No. 55.

Moore started moving inmates off the yard while Maddox attended to Burden. Burden did not respond to Maddox’s questions, but he was still breathing. Maddox Dep. 50:10-23. At approximately 11:39 a.m., Maddox called for his supervisor, Garren, over the radio. He also asked for 911 to be called. Plaintiff admits that someone at the Prison called Harris County 911 at 11:41 a.m. and that emergency medical personnel were dispatched to the Prison at 11:42 a.m. Pl.’s Resp. to Corrections Officer Defs.’ Statement of Material Facts ¶¶ 27-28, ECF No. 58-2. Confusingly, though, Plaintiff also asserts that 911 was not called until 11:44 a.m. Pl.’s Resp. to Corrections Officer Defs.’ Mot. for Summ. J. 3, ECF No. 58; Pl.’s Statement

of Material Facts in Resp. to Corrections Officer Defs.’ Mot. for Summ. J. ¶ 24, ECF No. 58-1 (pointing to the incident report, which states that Maddox was taking lunch to the inmates on the yard at “approximately 1137 hours,” that Maddox “then observed” Burden on the ground and called for help, that CPR began at “approximately 1142 hours,” and that 911 was called “at approximately 1144 hours”).

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BRYANT v. HARRIS COUNTY GEORGIA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-harris-county-georgia-gamd-2020.