Scarbro v. New Hanover County

374 F. App'x 366
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 1, 2010
DocketNo. 08-1644
StatusPublished

This text of 374 F. App'x 366 (Scarbro v. New Hanover County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scarbro v. New Hanover County, 374 F. App'x 366 (4th Cir. 2010).

Opinion

Affirmed in part, reversed in part, and remanded by unpublished opinion. Judge SHEDD wrote the opinion, in which Judge KING and Judge BAILEY joined.

Unpublished opinions are not binding precedent in this circuit.

SHEDD, Circuit Judge:

Hilarie G. Scarbro, Administratrix of the Estate of Gary Eugene Rummer, appeals the judgment entered in favor of the defendants on her claims under 42 U.S.C. § 1983 for excessive force, inadequate medical care, and conspiracy to deprive Rummer of his constitutional rights. For the following reasons, we affirm in part, but we reverse the district court’s order granting summary judgment in favor of Defendant Deputy Billy Ray Hudson on the inadequate medical care claim, and we remand for further proceedings consistent with this opinion.

I.

A.

In reviewing the district court’s order granting summary judgment to the defendants, we view the facts in the light most favorable to the plaintiff. Scott v. Harris, 550 U.S. 372, 378, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Gary Eugene Rummer was arrested and incarcerated for failure to serve the community service portion of his sentence for driving under the influence of alcohol. A few days after he was incarcerated, Rummer began having delusions and summoned a guard. After learning of Rummer’s alcohol addiction, the guard determined that Rummer was suffering from delirium tremens (“DTs”) caused by alcohol withdrawal and moved him to a safekeeping cell for inmates who have medical or mental health issues or who are disruptive. Later that morning, Rummer was taken to the medical unit where Nurse Barfield examined him and treated him for DTs. Rummer was alert, oriented, and walking on his own.

Upon his return to the crowded safekeeping cell, Rummer was stumbling over the other inmates’ mats and bothering them. When the other inmates complained, Deputy Billy Ray Hudson was ordered to move Rummer to a padded cell. Officer Melody Grimes accompanied Hudson and guarded the door to the safekeeping cell.

Hudson entered the room in a “bum rush.” He approached Rummer and grabbed Rummer’s arm to handcuff him, but Rummer did not cooperate. At that point, Hudson took him to the concrete floor head-first from a standing position. Other inmates recalled Rummer’s head hitting the floor with a thud and then hearing Rummer give a “horrific” scream.

After the takedown, Rummer was bleeding from a scratch above his eye. Because Rummer could not walk on his own, the guards carried him to a padded cell where he laid moaning on the cell floor. A supervising officer then decided to call the medical unit, and after the medical staff refused to come to the cell, Hudson and two other officers lifted Rummer into a wheelchair and transported him to the medical unit.

Rummer’s condition had drastically changed since Nurse Barfield first treated him for DTs hours earlier. He was no longer lucid or talking coherently, his glasses were broken, and he had urinated on himself. When Nurse Barfield asked Hudson if Rummer had fallen, Hudson responded, “No, he did not fall,” and failed to inform her of the takedown events. [369]*369Unaware of Rummer’s head injury, Nurse Barfield prescribed medication for DTs and recommended that Rummer be transferred to Central Prison, a larger facility where he could be monitored more closely.

Rummer was likely unconscious when he was transported to Central Prison. When Central Prison staff observed Rummer’s condition, they immediately sent him to Wake Medical Center. There, Rummer’s CAT scan revealed a large acute subdural hematoma. Rummer was pronounced dead after an unsuccessful operation. According to Rummer’s physician, the most important factor in treating this type of injury is the amount of time it takes for the injured person to receive treatment.

An autopsy revealed that Rummer died from blunt force head trauma and that he had also recently sustained a neck fracture and a bruised right eyebrow. His injuries and rapid deterioration are consistent with his being thrown to the ground from a standing position and hitting his head.

B.

After Rummer’s death, Scarbro filed an action against various members of the New Hanover County Sheriffs Department and the New Hanover County Health Department asserting claims of excessive force, inadequate medical care, conspiracy, and supervisor liability pursuant to 42 U.S.C. § 1983, and supplemental state law claims of medical negligence and wrongful death.1 The district court dismissed Searbro’s claims against most of the defendants2 and eventually granted summary judgment in favor of the remaining defendants, including Hudson.

II.

Summary judgment is appropriate “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). We review the district court’s order granting summary judgment de novo. Jennings v. Univ. of North Carolina, 482 F.3d 686, 694 (4th Cir.2007) (en banc).3

First, Scarbro argues that the district court erred in granting Hudson summary judgment on the excessive force claim. A pretrial detainee’s claim of excessive force is governed by the Due Process Clause of the Fourteenth Amendment. Orem v. Rephann, 523 F.3d 442, 446 (4th Cir.2008). To succeed on such a claim, the plaintiff must demonstrate that the defendant “inflicted unnecessary and wanton pain and suffering” upon the detainee. Whitley v. Albers, 475 U.S. 312, 320, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986); Iko v. Shreve, 535 F.3d 225, 239 (4th Cir.2008). This determination turns on whether the force was applied “in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.” Whitley, 475 U.S. at 320-21, 106 S.Ct. 1078 (internal quotation marks omitted); Wilkins v. Gaddy, — U.S.-, 130 [370]*370S.Ct. 1175, - L.Ed.2d - (2010) (describing this as the “core judicial inquiry”). Moreover, we must accord due deference to an officer’s efforts to restrain a detainee when faced with a dynamic and potentially violent situation; otherwise, “we would give encouragement to insubordination in an environment which is already volatile enough.” Grayson v. Peed, 195 F.3d 692, 697 (4th Cir.1999).

To the extent that there are differences in the witnesses’ testimony regarding how the takedown occurred, there is no evidence suggesting that Hudson applied force in a malicious, wanton, or sadistic manner. When Hudson grabbed Rummer’s arm to handcuff him, Rummer did not cooperate; Hudson then took Rummer to the floor, which was covered by mats, and handcuffed him.

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Related

Wilkins v. Gaddy
559 U.S. 34 (Supreme Court, 2010)
Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
City of Revere v. Massachusetts General Hospital
463 U.S. 239 (Supreme Court, 1983)
Whitley v. Albers
475 U.S. 312 (Supreme Court, 1986)
Hope v. Pelzer
536 U.S. 730 (Supreme Court, 2002)
Scott v. Harris
550 U.S. 372 (Supreme Court, 2007)
Pearson v. Callahan
555 U.S. 223 (Supreme Court, 2009)
Parrish v. Cleveland
372 F.3d 294 (Fourth Circuit, 2004)
Henry v. Purnell
501 F.3d 374 (Fourth Circuit, 2007)
Orem v. Rephann
523 F.3d 442 (Fourth Circuit, 2008)
Iko v. Shreve
535 F.3d 225 (Fourth Circuit, 2008)
Farmer v. Brennan
511 U.S. 825 (Supreme Court, 1994)
Grayson v. Peed
195 F.3d 692 (Fourth Circuit, 1999)
Swanson v. Powers
937 F.2d 965 (Fourth Circuit, 1991)
Gordon v. Kidd
971 F.2d 1087 (Fourth Circuit, 1992)

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Bluebook (online)
374 F. App'x 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scarbro-v-new-hanover-county-ca4-2010.