Poore v. Glanz

46 F. Supp. 3d 1191, 2014 U.S. Dist. LEXIS 120818, 2014 WL 4263199
CourtDistrict Court, N.D. Oklahoma
DecidedAugust 29, 2014
DocketCase No. 11-CV-797-JED-TLW
StatusPublished

This text of 46 F. Supp. 3d 1191 (Poore v. Glanz) is published on Counsel Stack Legal Research, covering District Court, N.D. Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Poore v. Glanz, 46 F. Supp. 3d 1191, 2014 U.S. Dist. LEXIS 120818, 2014 WL 4263199 (N.D. Okla. 2014).

Opinion

OPINION AND ORDER

JOHN E. DOWDELL, District Judge.

Plaintiff, LaDona Poore, asserts civil rights claims under 42 U.S.C. § 1983 against Tulsa County Sheriff Stanley Glanz, in his individual and official capacities. Poore alleges that she was sexually assaulted by a jail detention officer, Seth Bowers, when she was 17 and was an inmate at the David L. Moss Criminal Justice Center, known as the Tulsa County Jail (the “Jail”). The Jail is operated by the Tulsa County Sheriffs Office (“TCSO”) [1194]*1194and is overseen by Sheriff Glanz. Poore asserts that the sexual assaults were the result of Glanz’s failure to provide adequate housing, staffing, and supervision for the area of the medical unit where female juveniles like Poore were housed. Sheriff Glanz seeks summary judgment.1

I. Background

The following facts are supported by evidence in the record and are construed in a light most favorable to the non-mov-ant, Ms. Poore.

The Alleged Sexual Assaults

Ms. Poore was held in the Jail from October 5, 2009 to April 29, 2010. She was 17 years old at the time. As a juvenile female inmate, Poore was held in the Jail’s medical unit. There, she alleges that she was sexually assaulted by a male detention officer, Seth Bowers. The sexual abuse was reported shortly after Poore was released from the Jail. There is evidence in the record that Poore did not want to report the misconduct by Bowers while she was in Jail, because she was scared. (Doe. 15 at 9, Depo. p. 84). Poore alleges that, on numerous occasions, beginning in February or March, 2010, Bowers entered her cell and sexually assaulted her. The assaults began with fondling her breasts and vagina, and escalated to Bowers exposing his penis and directing her to “suck it.” (Doc. 98-5 at 3). Poore alleges that, sometime after Bowers began making demands for oral sex, his behavior escalated to having forceful and rough sexual intercourse with her, which occurred about five times. (Doc. 98-13 at 6-8, Depo. pp. 138-140). The sexual conduct was uninvited and she was subject to his control and power, because he was the detention officer and she was “stuck.” (Id. at 10, Depo. p. 143). Bowers demonstrated his control and power over her by taking away privileges, such as turning off the television or denying her a second tray of food. He threatened that, if she reported the sexual contact, they “both [would] be in trouble.”2 (Id. at 11, Depo. p. 144).

Glanz argues that Poore’s testimony, in which she approximated 10 incidents where Bowers demanded and received oral sex, five instances of unwelcomed, coercive, and rough intercourse, and more than 100 occasions on which Bowers fondled her breasts and vagina, “is simply not credible,” because another female juvenile inmate testified that she did not witness the contact. (Doc. 66 at 11 of 34, fn. 1). Glanz also points to purported inconsistencies between details of the sexual assaults provided by Poore to Jail investigators and details she provided during her deposition in this case. At the summary judgment stage, however, the Court is not to make credibility determinations or weigh the evidence. In addition to Poore’s own testimony, there is evidence in the record that generally supports Poore’s claim that Bowers engaged in improper sexual contact with Poore while she was in the Jail. The Jail’s investigation of the allegations of sexual assault revealed other inmate witnesses who saw Bowers enter Poore’s cell for lengthy periods of time. According to Christopher Blunt, a Jail inmate trustee who worked in the medical unit, Bowers would enter cells of juvenile females in the [1195]*1195north end of the medical unit and stay for 20 minutes, which “happen[ed] every time he work[ed].” (Doc. 98-5 at 2). Another juvenile female inmate, Lindsy Shaver, reported to the investigator that she had observed Bowers touch Poore, grabbing her “butt” and breasts, which “happened every time Bowers worked in medical.” (Id.). In addition, Glanz admits that TCSO investigators found “credible” Poore’s allegations that she had been sexually assaulted by Bowers. (See Doc. 104 at 8 of 17, ¶ 19, admitting ¶ 19 of Doc. 98).

During his deposition, Bowers invoked his Fifth Amendment right against self-incrimination when asked whether he had sex or intercourse with Poore or had fondled or touched her in a sexual manner. (Doc. 98-9 at 2-3, Depo. pp. 7-8).

Sheriff’s Recognition of Heightened Risks of Sexual Abuse of Juvenile Females

In his deposition, Sheriff Glanz recognized that “[rjates of sexual abuse appear to be much higher for confined youth than they are for adult prisoners,” “simply being female is a risk factor,” “girls are disproportionately represented among sexual abuse victims,” and “youth incarcerated with adults are probably at the highest risk of sexual abuse.” (Doc. 98-1 at 7-9, Depo. pp. 24-26).

Housing of Juveniles at the Jail

The Jail holds both male and female juvenile inmates. From 2005 through the time of Poore’s housing at the Jail, female juvenile inmates, like Poore, were held in individual cells in the north wing of the Jail’s medical unit. Detention officers who are assigned generally to the entire medical unit are also responsible for the area of the medical unit occupied by the juvenile females. Sheriff Glanz acknowledges that he is responsible to ensure the safety of juveniles placed in his Jail. (Doc. 98-1 at 19, Depo. p. 51).

TCSO has a written policy regarding the housing of youthful offenders. The purposes of the policy are to “identify juveniles that can be housed at the [Jail]” and to “[p]rovide procedures for housing, assignment of employees to juvenile housing, and program development for youthful offenders.” (Doc. 98-6 at 1). The policy provides that “[djirect supervision will be employed in the juvenile housing unit to ensure the safety and security of youthful offenders.” (Id. at 3). Consistent with this stated goal of ensuring juveniles’ safety and security, Glanz testified that “it’s proven throughout the years that in a direct supervision jail there are very few assaults on inmates on staff [sic] because the other inmates will protect them.” (Doc. 98-1 at 22, Depo. p. 57). While Poore was at the Jail, juvenile males were housed in a pod under such direct supervision, while the “juvenile females [did] not live in a unit where there’s direct supervision.” (See Doc. 98-1 at 26, Glanz Depo. p. 64) (emphasis added). Chief Robinette, who was a designated Rule 30(b)(6) witness for the TCSO on certain Jail issues, also testified that “the medical unit is not a direct supervision area.” (Doc. 98-3 at 5, Depo. p. 29).

The youthful offender policy also provides that detention officers assigned to work with juveniles in special management units are required to have one year of service with TCSO, assigned to housing. (Doc. 98-6 at 2). Glanz testified that the purpose of requiring the one year of officer experience in housing at the Jail is to make sure that officers in the juvenile unit are “familiar with the policies and procedures of the office,” and that “there’s been some history of their work experience.” (Doc. 98-1 at 23-24, Depo. pp. 61-62). The policy also provides that the juvenile detention officers will receive special training “in the developmental, safety, and oth

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Bluebook (online)
46 F. Supp. 3d 1191, 2014 U.S. Dist. LEXIS 120818, 2014 WL 4263199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poore-v-glanz-oknd-2014.