Phillips v. State, Department of Public Safety & Corrections

978 So. 2d 1223, 2008 La. App. LEXIS 400, 2008 WL 725408
CourtLouisiana Court of Appeal
DecidedMarch 19, 2008
DocketNo. 43,143-CA
StatusPublished
Cited by3 cases

This text of 978 So. 2d 1223 (Phillips v. State, Department of Public Safety & Corrections) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. State, Department of Public Safety & Corrections, 978 So. 2d 1223, 2008 La. App. LEXIS 400, 2008 WL 725408 (La. Ct. App. 2008).

Opinion

STEWART, J.

hThe plaintiff, Jessica Phillips, filed suit for damages against the defendant, Oua-chita Parish Sheriff Richard Fewell. She alleged that she developed sores on her ankles as a result of remaining shackled for an extended period of time and was not provided any medical treatment while held at the Ouachita Parish Correctional Center (O.C.C.). At the close of plaintiffs case, the defendant moved for a directed verdict. The trial court took no action on the motion, and the defendant presented its evidence. At the close of the trial, the trial court took the matter under advisement and later rendered a judgment granting a directed verdict in favor of the defendant. The plaintiff appealed. Because we find the trial court erred in granting the directed verdict, we reverse the trial court’s judgment and, upon reviewing the record de novo, render in favor of the plaintiff as set forth in this opinion.

FACTS

On April 1, 2004, Jessica Phillips was arrested for simple burglary by the Monroe Police Department. After first being taken to Richwood Detention Center, she was transported to O.C.C., booked, and placed in a holding cell shortly after midnight where she remained until late afternoon on April 3, 2004. During her entire time in the holding cell, she wore shackles around her ankles. Jessica claimed that she complained the shackles were hurting her but that no one helped. She developed ugly sores on the backs of both ankles where the skin was rubbed raw from contact with the metal shackles.

|2Jessica filed suit against the State of Louisiana Department of Public Safety and Corrections (“DPSC”) and Richard Fewell, the Ouachita Parish Sheriff. Because DPSC did not exercise control over O.C.C., Jessica’s claims against it were dismissed on summary judgment. A bench trial was held on Jessica’s claims against Fewell on July 23, 2007.

Trial Testimony

Jessica testified no one responded to her complaints while in the holding cell, even though she pressed a buzzer for help three times and tried to get the attention of deputies as they brought other women in and out. No one looked at her ankles or loosened the shackles. Late in the day on April 3, 2004, the shacMes were finally removed after her transfer to the women’s dormitory. Jessica testified that the skin was rubbed off the backs of her ankles, leaving green and yellow looking sores that bled. She said that her ankles hurt and were “horrible.” Though she asked for medical assistance “numerous times,” none was provided.

No prior injuries to Jessica’s ankles are noted on the health intake done by O.C.C. during booking. The O.C.C.’s records also indicate an “H & P done per MD Twite-hell” at 8:00 a.m. on April 6, 2004. Two hours later at 9:50 a.m., Jessica filed O.C.C.’s Administrative Remedy Procedure (“ARP”) on which she complained of [1226]*1226sores on her ankles from the shackles and wrote:

On April 1, 2004 I was arrested. They put me in holding tank B3, with [shackles] on. I stayed in the tank until that Sat. night. The whole time I was in the tank I had the [shackles] on with no socks. The [shackles] started cutting into my ankles. I brought it to several different people’s attention, including the nurse. They never once put any kind of cream or [bandages] |3on them. Now they are infected <& swole up [sic]. When I ask them or go to show them for something to put on them all they do is look at me like “Oh my God.” This morning I spoke to Sgt. Davis & he told me to fill out an ARP.

The shift supervisor, Sgt. Newman, responded to the ARP by writing, “Jessica Philips, I don’t know anything about your complaint. You did not say anything to me concerning your ordeal.” Jessica felt she had no choice but to accept the decision, because no one had done anything to help her.

O.C.C.’s records also include a sick call request filed by Jessica at 10:00 p.m., on April 8, 2004. She was finally seen by a nurse on April 9, 2004. The nurse looked at both ankles and noted “minor abrasions” but no “swelling or signs of infection.” She told Jessica the sores were “healing well” and “instructed her to clean with soap and water — apply TAD once a day.”

Later that day, Jessica was transferred to Richwood Detention Center and then to Richland Parish Detention Center (“Rich-land”) at 12:54 a.m., on April 10, 2004. Jessica reported to Richland that O.C.C. left her shackled for three days. Her injuries were documented by photographs, and Althea Smith, a certified nursing assistant, treated the wounds with antibiotic cream and bandages.

After her release, Jessica continued to treat her wounds at home. Believing that the sores were infected and not healing, she sought treatment at St. Francis Medical Center’s emergency room on April 23, 2004. Medical records state no signs of infection were found. Jessica was told to apply Neosporin or a similar ointment daily to the drying scabs. Jessica testified that she could not wear tennis shoes for two to three months. She [ testified that her ankles are scarred and that she has some discomfort when wearing shoes due to the skin on the backs of her ankles now feeling “thin.”

Althea Smith, the CNA who treated Jessica at Richland, identified the photographs of Jessica’s wounds, but she had no independent recollection of Jessica. Janet L. Philips, Jessica’s mother, also took photographs of Jessica’s ankles after her release. Janet testified that the wounds looked infected and did not appear to be healing.

At the close of Jessica’s case, the defendant moved for a directed verdict. He argued that Jessica’s case was based on the failure of O.C.C. to provide medical treatment and that she did not prove, particularly without presenting any expert medical testimony, that the failure to do so either caused or increased her injury. In response, Jessica’s counsel argued that her claim included both the failure to provide medical treatment and the failure to “attend to her when her shackles were too tight.” He argued that had O.C.C.’s personnel either adjusted the shackles or provided medical care when the injuries occurred, the sores would not have been as bad. Rather than ruling on the motion, the trial court took the matter under advisement, and the trial proceeded.

Fewell presented the testimony of Captain Connie Murray, Deputy Vicky [1227]*1227Christy, Deputy Patricia Hopkins, and Sgt. Belinda Newman. None of these witnesses from O.C.C. could recall the plaintiff. Connie Murray logged in Jessica’s arrival at O.C.C. She described the booking area where the holding cell was located as “wild” and “hectic.” According to Murray, all inmates wear shackles while in the holding cell to prevent escapes in the | fihigh traffic area. She testified that there is a buzzer in the holding cell that sounds in Master Control when an inmate needs something. Murray testified that they are often called to loosen shackles, so all personnel have keys to the shackles. When shown pictures of Jessica’s injuries, Murray stated that she had never seen abrasions like that on an inmate. She explained that a person might be kept in the holding cell for a longer period if waiting on a bond. However, there was no evidence that Jessica was kept in the holding cell for this reason. Vicky Christy’s testimony was similar to Murray’s testimony regarding what happens in the fast-paced booking and holding cell area.

Patricia Hopkins worked in the female dormitory in April 2004.

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978 So. 2d 1223, 2008 La. App. LEXIS 400, 2008 WL 725408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-state-department-of-public-safety-corrections-lactapp-2008.