Deady v. Koutoujian

32 Mass. L. Rptr. 703
CourtMassachusetts Superior Court
DecidedAugust 5, 2015
DocketNo. MICV201402327L2
StatusPublished

This text of 32 Mass. L. Rptr. 703 (Deady v. Koutoujian) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deady v. Koutoujian, 32 Mass. L. Rptr. 703 (Mass. Ct. App. 2015).

Opinion

Curran, Dennis J., J.

INTRODUCTION

This action arises out of the tragic death of James F. Davison, III, which occurred while he was in the custody of the Middlesex Sheriffs Office. Sean Deady, as personal representative of Mr. Davison’s estate, has filed claims against Middlesex County, Sheriff Peter Koutoujian, and three corrections officers, alleging that the defendants violated Mr. Davison’s constitutional rights and are tort-liable for their failure to provide him adequate medical care.

Sheriff Koutoujian now moves, under Mass.R. Civ.P. 12(b)(6), to dismiss Mr. Deady’s claims against him, individually and in his official capacity. For the following reasons, his motion to dismiss must be ALLOWED.

BACKGROUND

Mr. Deady’s amended complaint sets forth the following allegations.

Mr. Davison was incarcerated at the Middlesex County Jail on September 2,2011, under an order of the Somerville District Court for violating conditions of his probation. He suffered from drug dependency as well as many other serious health issues. On September 22, 2011, while he was being transported to the hospital wing at Billerica House of Correction, Mr. Davison went into cardiac arrest. When he asked for assistance, the corrections officers ignored his cries for help, and ignored the cries from other inmates who witnessed his distress. Instead, they brought him to the correctional faciliiy in Concord, and then contacted emergency medical services. Ambulance personnel transported Mr. Davison to the Concord Hospital, where he died the next day.

Mr. Deady alleges that Mr. Davison died as a result of the poor medical care he received from the defendants. He asserts one cause of action against each defendant under 42 U.S.C. §1983 for violating Mr. Davison’s constitutional rights, and three claims against each under the Massachusetts Tort Claims Act, G.L.c. 258; one claim in negligence for damages occurring before Mr. Davison’s death; one claim for negligent and intentional infliction of emotional distress before Mr. Davison’s death; and one claim for negligently and intentionally causing the death of Mr. Davison.

The motion before me addresses only the claims lodged against Peter Koutoujian, individually and officially.

DISCUSSION

I. The Standard of Review

To survive a motion to dismiss under Mass.R.Civ.P. 12(b)(6), a complaint must set out factual allegations that “raise a right to relief above the speculative level . . . [based] on the assumption that all the allegations in the complaint are true.” Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 557 (2007). In other words, the plaintiffs factual allegations and the reasonable inferences drawn therefrom must “plausibly suggest! ] ... an entitlement to relief." Iannacchino, 451 Mass. at 636. The plaintiff must plead the grounds of his entitlement to relief with “more than labels and conclusions,” id.-, the court will not accept “legal conclusions cast in the form of factual allegations.” Id. at 633, quoting Schaer v. Brandeis Univ., 434 Mass. 474, 477 (2000).

II. ANALYSIS

A. Count I — 42 U.S.C. §1983

To state a claim under 42 U.S.C. §1983, a plaintiff “must allege that some person has deprived him of a federal right” and that such person “acted under color of state or territorial law.” Gomez v. Toledo, 446 U.S. 635, 640 (1980). Mr. Deady’s amended complaint, fairly read, asserts a claim of supervisory liability under §1983.

Supervisory liability under this federal statute arises if a supervisor directly participates in a rights-violating incident, or if the official “supervises, trains, or hires a subordinate with deliberate indifference toward the possibility that deficient performance of the task may con[704]*704tribute to a civil rights deprivation.” Sanchez v. Pereira-Castillo, 590 F. 3d 31, 49 (1st Cir. 2009), quoting Camilo-Robles v. Zapata, 175 F.3d 41, 44 (1st Cir. 1999). Liability cannot be imposed under section 1983 on a theory of respondeat superior. Ramirez-Lluveras v. Rivera-Merced, 759 F.3d 10, 19 (1st Cir 2014). To prove supervisory liability in a §1983 action, “the plaintiff. . . must show an affirmative link, whether through direct participation or through conduct that amounts to condonation or tacit authorization, between the actor and the underlying violation.” Sanchez, 590 F.3d at 49, quoting Zapata, 175 F.3d at 44 (internal quotes and citation omitted). “(M]ere cause-in-fact does not suffice to establish the required affirmative link. If that were the test . . . every §1983 claimant harmed by such employee conduct could point to something the supervisor could have done to prevent the unfortunate incident.” Clancy v. McCabe, 441 Mass. 311, 321 (2004), quoting Jones v. Wellham, 104 F.3d 620, 627 (4th Cir. 1997) (additional quotes omitted).

Mr. Deady alleges that “[d]efendant Koutoujian directly participated” in the deprivation of Mr. Davison’s legal right to proper medical care, by “choosing to ignore the deprivation of proper medical care by persons whom he supervised, trained, [and] controlled.” Amended Complaint at 15. He contends that “Koutouj-ian directly participated in the deprivation of these rights in the manner that he disciplined his subordinates who worked at the Middlesex Counly Jail, and when he established the policies, practices, and customs of the prison system in Middlesex County. Sheriff Koutoujian either directly participated in, or through his conduct condoned or tacitly authorized employees of the Middlesex County Jail to violate [Mr. Davison’s] rights.” Id. He asserts that Mr. Davison’s rights to proper medical care were violated because “there were not adequate medical resources available at the Middle-sex County Jail to properly treat” the detainee’s medical condition, and that “there were not proper procedures in place to transfer [Mr. Davison] to another facility where his medical condition could receive proper treatment.” Id. at 16. Mr. Deady alleges that Mr. Koutoujian “had the power and authority to determine the level of medical resources available to [Mr. Davison], and purposely chose to provide substandard levels of care.” Id.

Notwithstanding these accusations, the amended complaint fails to sufficiently suggest an affirmative link between Mr. Koutoujian and the alleged violations of Mr. Davison’s right to proper medical care. No specific facts are pled to support his assertions that Mr. Koutoujian condoned or tacitly authorized his subordinates’ rights-violating behavior, or that he directly participated in violating Mr.

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Related

Gomez v. Toledo
446 U.S. 635 (Supreme Court, 1980)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Maldonado-Denis v. Castillo-Rodriguez
23 F.3d 576 (First Circuit, 1994)
Sanchez v. Pereira-Castillo
590 F.3d 31 (First Circuit, 2009)
Pruner v. CLERK OF SUPERIOR COURT IN COUNTY OF NORFOLK
415 N.E.2d 207 (Massachusetts Supreme Judicial Court, 1981)
Ramirez-Lluveras v. Rivera-Merced
759 F.3d 10 (First Circuit, 2014)
Jones v. Wellham
104 F.3d 620 (Fourth Circuit, 1997)
Clancy v. McCabe
805 N.E.2d 484 (Massachusetts Supreme Judicial Court, 2004)
Iannacchino v. Ford Motor Co.
451 Mass. 623 (Massachusetts Supreme Judicial Court, 2008)

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Bluebook (online)
32 Mass. L. Rptr. 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deady-v-koutoujian-masssuperct-2015.