Ferguson v. United States

178 F. Supp. 3d 282, 2016 U.S. Dist. LEXIS 51389, 2016 WL 1555811
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 18, 2016
DocketCIVIL ACTION No. 14-6807
StatusPublished
Cited by2 cases

This text of 178 F. Supp. 3d 282 (Ferguson v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ferguson v. United States, 178 F. Supp. 3d 282, 2016 U.S. Dist. LEXIS 51389, 2016 WL 1555811 (E.D. Pa. 2016).

Opinion

[284]*284MEMORANDUM

ANITA B. BRODY, District Judge

Plaintiff Leadawn Ferguson brings suit against the United States, several Customs and Border Protection Officials (“collectively”, the “CBP Defendants”),1 Mercy Fitzgerald Hospital (“Mercy” or the “Hospital”), several Mercy employees (collectively, the “Hospital Employee Defendants”),2 and Mercy Health System for alleged violations of federal and state law. Pl.’s Am. Compl., ECF No. 30.3 I exercise federal question jurisdiction over Ferguson’s FTCA and Bivens claims pursuant to 28 U.S.C. §§ 1331 and 1346(b), and supplemental jurisdiction over Ferguson’s state law claims pursuant to 28 U.S.C. § 1367. The Hospital Employee Defendants now move to dismiss4 Counts VI, VII, and VIII of the Amended Complaint.5 See ECF No. 34. For the reasons set forth below, I will deny the motion to dismiss without prejudice to raise the issue at summary judgment.

I. BACKGROUND

Leadawn Ferguson is a 36 year-old African-American United States citizen. Am. Compl. ¶ 1. In December 2012, she trav[285]*285eled to Punta Cana, Dominican Republic for a brief vacation. Id. ¶ 39. On December 4, 2012, Ferguson returned to the United States through the Philadelphia International Airport (the “Airport”). Id. ¶ 39. After she proceeded through customs and retrieved her luggage, Ferguson was stopped by a uniformed officer. Id. ¶¶ 43-44. The officer examined her documentation and, without explanation, sent her to a second screening area where she was interrogated by several CBP Defendants, including Officer Lemanski. Id. ¶¶ 41, 45. During the interrogation, the CBP Defendants examined Ferguson’s personal belongings and searched her luggage and purse. Id. ¶ 48. They told Ferguson that they suspected her of transporting drugs into the United States. Id. ¶ 49. Ferguson denied transporting drugs, and explained that she had traveled to the Dominican Republic for a brief vacation. Id. ¶¶ 50, 39.

Despite Ferguson’s statements, the CBP Defendants continued to interrogate her. Id. 1Í 47. They asked Ferguson to submit to a pat down. Id. ¶ 52. When she refused, she was told that she was not under arrest but that she could not leave the Airport. Id. ¶¶ 53-55. After the CBP Defendants told her that she would be released if she consented to a pat down, Ferguson agreed to submit to a pat down. Id. ¶¶ 56-57. She was taken to a small room, where CBP Defendant Tandaric administered the pat down. Id. ¶ 58. Tandaric did not find any drugs or contraband on Ferguson, but did not permit her to leave the room. Id. ¶¶ 58-60. Instead, the CBP Defendants resumed their interrogation. Id. ¶ 61. Throughout the interrogation, Ferguson repeatedly asked to contact an attorney. Id. ¶ 62. The CBP Defendants denied her requests. Id. The interrogation at the Airport lasted approximately seven hours. Id. ¶ 64.

At some point during the interrogation, the CBP Defendants decided to seek Ferguson’s consent to take her to a hospital and use medical equipment to search her body for drugs. Id. ¶¶ 63-64. Ferguson again refused to give her consent without first speaking with an attorney. Id. ¶ 66. The CBP Defendants, including Lemanski and Tandaric, continued to deny Ferguson’s request to speak with an attorney and refused to let her leave the Ahport. Id. ¶ 67. Instead, they placed Ferguson in handcuffs and shackles, dragged her to an Airport exit, positioned her in the back seat of a marked law enforcement vehicle, and transported her to Mercy Fitzgerald Hospital in Darby, Pennsylvania, approximately twenty minutes away from the Airport. Id. ¶¶ 69-71. They arrived at the Hospital at around 3:24 a.m. on the morning of December 5,2012. Id. ¶ 73.

The CBP Defendants, including Leman-ski and Tandaric, removed Ferguson from the vehicle and brought her into the Hospital. Id. ¶ 72. Ferguson remained handcuffed and shackled. Id. ¶ 72. CBP Defendants Lemanski, Tandaric, and Gulkis spoke with the Hospital staff and suggested that Ferguson was “body packing,” or transporting drugs inside of her body. Id. ¶ 75. The CBP Defendants “provided false and misleading information to the-Hospital suggesting that [] Ferguson was ‘body packing’ and/or acquiesced in the conclusion of Hospital medical staff that [ ] Ferguson was ‘body packing.’” Id. ¶ 75. Hospital Employee Defendant Traboscia, who was working as a triage nurse at the time, then assessed Ferguson, Id. ¶ 76. Trabos-cia recorded that Ferguson was refusing medical treatment. Id. ¶ 78. Traboscia also noted that Ferguson did not appear -to display any of the symptoms associated with “body packing,” such as difficulty breathing, neurological deficits, or incoherent speech. Id. ¶ 77. Despite Traboscia’s observations, the Hospital staff admitted Ferguson into the Hospital, secured her in a room, and conducted various tests on her [286]*286body. At no point during her detention at the Hospital did the CBP Defendants obtain a warrant to detain Ferguson in the room, search her body, or perform any medical examinations on her. Id. ¶ 85.

First, the CBP Defendants and the Hospital Employee Defendants asked Ferguson to sign a medical consent form authorizing medical treatment and services. Id. ¶ 79. Ferguson refused. Id. ¶ 80. When Ferguson refused to give her consent, Hospital staff placed her in an inpatient room guarded by CBP Defendants, including Lemanski and Tandarie. Id. ¶¶ 81-83. At some point, later on, Reynolds and Brown replaced Lemanski and Tandarie. Id. ¶ 83. They directed Ferguson to provide a urine and fecal sample in their presence, and told her that she would be kept in the room until she complied. Id. ¶ 84. CBP Defendants remained in the room with Ferguson and outside of the room’s entrance at all times. Id. ¶ 82.

Ferguson remained in the Hospital room for several hours. Id. ¶ 87. While she was there, the Hospital assigned Hospital Employee Defendants Isenberg and Chow-dhury to assess her. Id. ¶ 86. Isenberg and Chowdhury were aware that Ferguson had refused medical. treatment and that she had not presented symptoms consistent with “body packing.” Id. ¶ 88. Isenberg and Chowdhury were also aware that the CBP Defendants did not have a warrant permitting them or the Hospital Employee Defendants to detain, X-ray, examine, or otherwise search Ferguson. Id. ¶¶ 88-89. At some point while she was held in the Hospital room, Ferguson overheard a Hospital employee express concern about the CBP Defendants’ lack of a warrant and state that the staff could not examine or perform an X-ray on her without her consent. Id. ¶ 87. Nevertheless, Isenberg and Chowdhury did not release her from the Hospital. Id. ¶ 90.

During the morning of December 5, 2012, Dr. Raj K. Ghimire and Hospital Employee Defendants Sammon and Rut-land assumed responsibility for Ferguson’s care. Id. ¶ 91.

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Bluebook (online)
178 F. Supp. 3d 282, 2016 U.S. Dist. LEXIS 51389, 2016 WL 1555811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-united-states-paed-2016.