J. Pearl Bussey-Morice v. Ivette Gomez

587 F. App'x 621
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 1, 2014
Docket13-10897
StatusUnpublished
Cited by15 cases

This text of 587 F. App'x 621 (J. Pearl Bussey-Morice v. Ivette Gomez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J. Pearl Bussey-Morice v. Ivette Gomez, 587 F. App'x 621 (11th Cir. 2014).

Opinion

*622 PER CURIAM:

This case arises out of the tragic death of Preston Bussey III, who died following officers’ attempts to gain control of him after he had been Baker Acted, had refused to cooperate with medical personnel, and had struggled against officers’ repeated attempts to bring him under control in a public hospital’s emergency-room lobby.

Although the loss of Bussey’s life is deeply regrettable, on the facts of this case, we cannot find that Appellants-defendants Officer Ivette Gomez and Sergeant Gordon Hewatt violated Bussey’s clearly established constitutional rights. We therefore reverse the district court’s denial of summary judgment to the defendants on qualified-immunity grounds.

I.

In the early morning hours of December 19, 2009, Bussey entered the emergency-room lobby of the Wuesthoff Hospital, bleeding from his arms as a result of self-inflicted wounds. Charge Nurse Amanda McCourt, the hospital’s Patient Care Coordinator, was the first to encounter Bussey and described him as “belligerent” and “aggressive.” Due to the wounds on his arms and the manner in which he spoke, McCourt believed Bussey to be having an acute psychotic attack.

Triage Nurse Donna Payna and Emergency Room Nurse George Murray assisted McCourt, walking Bussey to a triage room in order to take his vital signs. Bus-sey told both Payna and Murray that he had a “leech worm” in his arm that he wanted removed. Murray noted that Bus-sey was actively bleeding from his arms, and both nurses described Bussey as agitated and belligerent and stated that he refused to follow directions. Both nurses also reported that they felt threatened by Bussey. Despite the nurses’ efforts to treat him, Bussey refused to allow the nurses to touch him or treat his wounds.

Because of Bussey’s behavior and because Murray felt threatened, Murray asked for assistance from the on-duty emergency-room physician, Dr. Edward Mallory. Bussey again complained to Dr. Mallory that he had a leech worm in his right forearm, and Dr. Mallory noticed that Bussey had dried blood on his hands. Based upon his observations, Dr. Mallory determined that Bussey was acutely psychotic and hallucinating and concluded that Bussey needed to be Baker Acted for his own protection and for the protection of others. 1 Dr. Mallory informed Bussey that he would be observed for twenty-four hours and ordered the nurses to administer two anti-psychotic medications to Bus-sey — Xyprexia and Ativan — to calm him down, noting that Bussey potentially could be violent. Dr. Mallory also directed the nurses to have hospital security officers strap Bussey to a stretcher with four-point leather restraints.

Security Officers Frank Valpetti and William Davis responded to assist in restraining Bussey. The security officers, however, were unable to do so because Bussey told them not to touch him and indicated that he was leaving to go to another hospital. Valpetti described Bus-sey as “belligerent” and “out of his mind” and stated that Bussey was waving his hands and throwing blood everywhere.

When Bussey attempted to leave the hospital, he became more aggressive, waving his hands toward the security officers *623 and threatening to throw blood on them and attack them. Bussey, who refused to listen to the security officers’ commands and left the hospital, pried the ambulance entrance doors open in order to leave.

Upon observing this behavior, another hospital employee, “Jeannie,” placed a 911 call to the Roekledge Police Department to seek officers’ assistance in apprehending Bussey. Jeannie advised the 911 dispatcher that Bussey had been Baked Acted and had escaped from the hospital. She described Bussey to the dispatcher as “psychotic.” Jeannie also reported that Bus-sey had threatened to fight security and had cocked his fists before running out the door. This was not the only call that hospital employees made to 911. Indeed, a 911 call log reflects that hospital employees placed at least three phone calls to the Roekledge Police Department seeking assistance with detaining Bussey.

After fleeing from the hospital, Bussey roamed around the hospital parking lot for approximately fifteen minutes and then returned to the emergency-room lobby before City of Roekledge officers arrived. Shortly thereafter, City of Roekledge police officer Matthew Leverich arrived.

Security Officer Valpetti met the officer outside the hospital, told him that Bussey appeared to be high on drugs, and advised the officer to “glove up” because Bussey was bleeding. Valpetti also relayed to Officer Leverich his opinion that Bussey was not going to comply and that he was going to have a problem with ■ him. Further, Valpetti advised the officer that he would probably need to use a Taser to restrain Bussey.

Officer Leverich entered the emergency-room lobby and saw Bussey standing approximately ten feet away with his hands and arms covered in blood. Leverich described Bussey as just “looking through him” while clenching his fist. In response, Leverich pulled his Taser out and told Bussey several times to get on the ground. Despite Leverich’s commands, Bussey did not comply.

During Leverich’s initial encounter with Bussey, Officer Gomez entered the hospital with her training officer, Timothy Her-berner. Gomez pulled out her Taser and also began instructing Bussey to get on the floor. Again, Bussey failed to comply with Gomez’s verbal commands. Instead, Bussey simply stood . holding a blood-soaked rag in his hands. The officers described the scene as “really tense.”

A few moments later, Sergeant Hewatt arrived at the emergency-room lobby and positioned himself between Leverich and Gomez. Hewatt told Bussey that the officers were there to help him. He also explained that he wanted Bussey to get on his knees. Bussey responded, saying that he wanted to call his mother. In reply, Hewatt advised Bussey that he would allow him to call his mother but that Bussey would first need to get on his knees. After repeated requests from various officers, Bussey reluctantly went down to his knees and placed his hands behind his back, but only momentarily.

As the officers gave additional commands to Bussey to turn his body around so that he was facing away from them, Bussey moved his hands back out in front of his torso. After receiving additional directions from the officers, Bussey again placed his hands behind his back, and Sergeant Hewatt again instructed Bussey to turn around. Because Bussey simply stared at Hewatt and did not comply, He-watt also drew his Taser and again directed Bussey to turn around. When Hewatt drew his Taser, Leverich holstered his Ta-ser.

Then Hewatt began shouting at Bussey to turn around. Although Bussey finally *624 began to turn as if to comply, he again turned back toward the officers. At this point, Hewatt told Bussey that the officers had Tasers and pled with Bussey to comply. When Bussey refused, Hewatt said, “You don’t have any idea how much these things hurt, Buddy. Please, I don’t want to do this.” As Bussey began turning away again, Officer Herberner approached Bussey in order to place him in handcuffs. When Herberner reached to restrain Bus-sey’s arm, however, Bussey jumped up, pulled away, and resisted.

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Bluebook (online)
587 F. App'x 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-pearl-bussey-morice-v-ivette-gomez-ca11-2014.