Layton v. Board of County Commissioners

512 F. App'x 861
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 12, 2013
Docket11-6223
StatusUnpublished
Cited by33 cases

This text of 512 F. App'x 861 (Layton v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Layton v. Board of County Commissioners, 512 F. App'x 861 (10th Cir. 2013).

Opinion

ORDER AND JUDGMENT *

JEROME A. HOLMES, Circuit Judge.

Charles Holdstock died while being held as a pretrial detainee in Oklahoma County jail. Mr. Holdstock’s daughters— April Layton, individually and as the representative of Mr. Holdstock’s estate, Valerie Winfrey, and Melanie Hufnagel (together “Appellants”) — filed a. suit against John Whetsel, Sheriff of Oklahoma County, in his official and individual capacities; the Board of County Commissioners of Oklahoma County (the “County”); and Correctional Healthcare Management of Oklahoma (“CHMO”), the contractor that provided primary medical services to Mr. Holdstock during his detention. Appel *863 lants alleged violations of Mr. Holdstock’s rights under the Eighth and Fourteenth Amendments pursuant to 42 U.S.C. § 1983, and violations of Oklahoma law. The district court granted summary judgment in favor of Sheriff Whetsel and the County. Appellants filed a timely appeal. 1 They challenge the district court’s grant of summary judgment to Sheriff Whetsel only with regard to his official capacity and also the court’s summary judgment ruling for the County.

We REVERSE in part and VACATE in part the district court’s grant of summary judgment. Because a reasonable jury could find that Sheriff Whetsel and the County acted with deliberate indifference, we REVERSE the district court’s summary judgment ruling on Appellants’ § 1988 claims. We VACATE the grant of summary judgment on Appellants’ state-law claims and REMAND for further proceedings.

I

A

The basic facts regarding Mr. Hold-stock’s medical treatment while in jail are undisputed. Mr. Holdstock was booked into the Oklahoma County jail on September 5, 2006. He suffered from pre-existing medical conditions, including congestive heart failure, diabetes, and hypertension. He had a pacemaker, and part of his treatment regimen included taking the medication Digoxin. Digoxin is filtered through the kidneys, and, if the kidneys are not functioning properly, Digoxin can build up to toxic levels in the body.

On November 25, 2008, jail staff called the University of Oklahoma Medical Center because a cardiologist who had seen Mr. Holdstock in the Oklahoma Medical Center Emergency Room believed that his pacemaker needed to be replaced. The University of Oklahoma Medical Center checked Mr. Holdstock’s pacemaker on December 10, 2008, and it was pacing 100% of the time. The Medical Center noted that Mr. Holdstock was to receive follow-up treatment every twelve weeks. There is no evidence in the record that Mr. Holdstock ever received any follow-up treatment or testing related to his pacemaker.

On April 28, 2009, Mr. Holdstock was found unresponsive on the floor of his cell. His skin was cool and clammy. He was taken to the infirmary run by CHMO, where he was evaluated and treated. The treating physician issued an “[ojrder to continue to monitor [Mr. Holdstock and] call if [his] condition worsened].” Aplts. App., Vol. I, at 145 (R. of Corr. Healthcare Mgmt., dated Apr. 28, 2009). The next day, Mr. Holdstock was found in his cell, having difficulty breathing and unable to verbalize what was wrong. He was again taken to the infirmary, where the staff performed tests and drew blood for analysis. When his condition stabilized, he was returned to his cell.

Two days later, CHMO received the blood-analysis results from the lab. The lab work indicated that Mr. Holdstock’s white blood cell count, neutrophils, glucose serum, BUN count, creatine serum, and potassium serum were all in the high range. Appellants’ medical expert testified that the test results “indicate[d] that acid was piling up in his blood; that his kidney failure had gone from a chronic, stable state to ... a downward spiral.” Id. at 122 (Dep. of Ralph Lazzara, taken May 9, 2011). Based upon the test results, Appellants’ expert “would [have been] very *864 concerned that the digoxin level was toxic,” which would have prompted him to check Mr. Holdstock’s digoxin level, conduct further testing on his kidneys, and consider hospitalization. Id. at 122-23.

However, CHMO took no action following receipt of Mr. Holdstock’s test results. No further intervention occurred until May 15 — the day of Mr. Holdstock’s death — when he was found unresponsive in his cell and sent to the emergency room. Appellants’ expert testified that Mr. Hold-stock’s death could have been prevented had Mr. Holdstock been treated for kidney failure, and that there was a reasonable probability that the kidney failure resulted from Mr. Holdstoek’s pacemaker failing, which could have been prevented had the pacemaker been checked.

B

Appellants allege that Sheriff Whetsel and the County were aware of grave deficiencies in the medical care provided to detainees, and that the problems were systemic and long-standing. They point to several documents — all of which involve matters preceding Mr. Holdstock’s death — that evince deficiencies in the medical care that the jail furnished to prisoners. In particular, they identify a report that the U.S. Department of Justice (“DOJ”) issued on July 81, 2008, and seven “Reports on Death Investigations” and two “Reports on Complaint Investigations” prepared by the Oklahoma State Department of Health (“OSDH”). In addition, they draw attention to the OSDH’s report concerning Mr. Holdstock’s death. Appellants aver that Sheriff Whetsel and the County were “aware that patients were not being seen in a timely manner” and that there were ongoing problems both with the administration of prescription medications and in providing follow-up care to seriously ill patients. Aplts. Opening Br. at 12.

At bottom, Appellants contend that Sheriff Whetsel and the County are liable under § 1983 for failing to adequately monitor Mr. Holdstock and for not providing him with prescribed, and constitutionally-mandated medical care. In this regard, they contend that (1) Mr. Holdstock was not monitored despite the doctor’s directive that he be monitored; (2) by virtue of the jail’s design, Mr. Holdstock could not have been adequately monitored once returned to his cell; and (3) the Sheriff and the County had actual knowledge that the deficiencies in medical care for seriously ill detainees like Mr. Holdstock were serious enough to amount to constitutional violations.

The DOJ Report — the product of four separate inspections of the jail — concluded that “certain conditions at the Jail violate the constitutional rights of detainees confined there.” Aplt. App., Vol. I, at 155 (DOJ Investigation of the Okla. Cnty. Jail, dated July 31, 2008). The report stated that four years had passed between the DOJ’s first three tours of the jail and its most recent one, but “[djespite this opportunity to improve conditions at the Jail, ... [the DOJ] did not observe improved conditions.” Id. at 154.

More specifically, the DOJ report stated that “actual direct supervision of detainees at the Jail is virtually non-existent [and the] facility is not adequately staffed to maintain necessary supervision of detainees to secure their safety.” Id. at 157.

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512 F. App'x 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layton-v-board-of-county-commissioners-ca10-2013.