Sullivan v. Bornemann

244 F. Supp. 3d 868, 2003 U.S. Dist. LEXIS 29284
CourtDistrict Court, E.D. Wisconsin
DecidedApril 28, 2003
DocketCase No. 00-C-1392
StatusPublished

This text of 244 F. Supp. 3d 868 (Sullivan v. Bornemann) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sullivan v. Bornemann, 244 F. Supp. 3d 868, 2003 U.S. Dist. LEXIS 29284 (E.D. Wis. 2003).

Opinion

DECISION AND ORDER

William C. Griesbach, United States District Judge

Plaintiff Jeffrey Sullivan commenced this action under 42 U.S.C. § 1983 for damages he sustained as a result of being catheterized against his will at a local medical facility following his arrest for disorderly conduct. The case is presently before me on the motion of the two remaining defendants for summary judgment. For the reasons set forth below, I conclude that the defendants’ motion should be granted and therefore order the action dismissed.

I. Facts

On November 14, 1999, Jeffrey Sullivan was arrested for disorderly conduct in the City of Shawano, Wisconsin.1 Sullivan was transported to jail by Shawano Police Officer Jon Bornemann, but because Sullivan was evidently intoxicated, the jail would not admit him without medical clearance. Bornemann then took Sullivan to the Sha-wano Medical Center. Because Sullivan was belligerent and resistive, Bornemann called in another officer to assist. Shawano Police Officer Ed Whealon arrived soon after.

Nurse Kathy Actenberg obtained Sullivan’s vitals and noted that he was angry and combative. She also knew that the officers had found a marijuana pipe on him and that he had a breathalyzer test result of .25. Sullivan also had a pulse of 141 and a relatively high, but still within normal range, blood pressure reading. Nurse Ac-tenberg noted Sullivan’s status as “non-urgent” and reported her findings to the staff doctor in the emergency room, Dr. Rajeshwar Hanmiah, who told her to obtain a urine sample. Dr. Hanmiah has testified that a urine sample was desirable because Sullivan was acting erratically and excitably and was thus out of line with behavior typical of someone who was simply drunk. Dr. Hanmiah testified that he was concerned that Sullivan might have ingested drugs which were adversely interacting with his system or the high level of alcohol.

Sullivan could not (or would not) provide a urine sample, however. Nurse Actenberg ran water in the room in order to stimulate the production of a sample, but to no avail. She told Dr. Hanmiah that a voluntary sample was not forthcoming, and Dr. Han-miah then directed her to obtain a sample through a catheter. She warned Sullivan that a catheter would be necessary if he did not voluntarily produce a sample.

Actenberg then explained to the two officers that it was necessary to restrict Sullivan’s movement during the procedure in order to avoid injury and infection. Officer Bornemann restrained Sullivan by holding onto his legs and using his body weight to hold Sullivan’s legs down. Officer Whealon, who was standing at the head of Sullivan’s bed, used a pressure point technique to reduce Sullivan’s resistance. This technique involved the placing of the officer’s index finger under the bridge of Sullivan’s nose to apply pressure and a certain amount of pain. While Sullivan was thus restrained, Nurse Actenberg opened Sullivan’s pants and began the catheterization procedure, which consisted of inserting a plastic tube or catheter through his penis and into his bladder. The entire procedure lasted approximately one minute with the [871]*871actual catheterization- taking between four and six seconds.

Shortly thereafter, Sullivan was given medical clearance and he was transported to the Shawano County Jail. It is undisputed that Sullivan did not consent to the catheterization and that he suffered pain both from the procedure itself and from the pressure point technique utilized by Whealon.

On the basis of these facts, Sullivan commenced this action against Officers Bornemann and Whealon, Dr. Hanmiah, Nurse Actenberg and Shawano Medical Center. Against each of the defendants, he asserted claims under § 1988 for violations of his rights under the Fourth and Fourteenth Amendments to the United States Constitution and a claim for attorneys fees under 42 U.S.C. § 1988. He also asserted a state law claim for battery against Borne-mann and Whealon, and a state law claim for medical malpractice against Dr. Han-miah and Shawano Medical Center.

Sullivan’s § 1983 claims against Dr. Hanmiah, Nurse Actenberg and Shawano Medical Center were dismissed on an earlier motion for summary judgment by Judge J. P. Stadtmueller on the ground that the conduct alleged was not under color of state law. Judge Stadtmueller also granted summary judgment in favor of Dr. Hanmiah and Shawano Medical Center on the claim of medical malpractice because Sullivan failed to present any evidence supporting his claim that either defendant had violated any, applicable standard of care. The case was thereafter transferred to me.

Trial on the remaining claims against Officers Bornemann and Whealon was scheduled to commence on January 27, 2003. At a January 16 pretrial conference, the parties agreed that the upcoming trial may not be necessary, at least on the issue of liability, as it appeared that the facts surrounding the forced catheterization were, for the most part, undisputed and the primary disagreement between the parties was over the legal principles that were to be applied to those facts. The disputed legal issues were (1) whether the law, enforcement officers had the authority to forcibly restrain Sullivan for the purpose of allowing medical personnel to perform a catheterization against his will under the circumstances of this case; and (2) if the law enforcement officers lacked such authority, would they be entitled to qualified immunity?

Based upon the agreement of the parties, I postponed the trial to allow them to submit briefs and appropriate motions directed to these two issues. Defendants Bornemann and Whealon have now moved for summary judgment on the ground that the undisputed facts show that their conduct in restraining Sullivan was authorized as a matter of state and federal law, and did not violate his rights under the United States Constitution. In the alternative, they argue that even if there are facts in dispute as to whether their conduct was legally authorized, they are entitled to qualified immunity under both federal and state law. Having reviewed the briefs, the case law, and the stipulated facts of the parties, I will address each of those issues in turn. As I do so, I of course note that in order for summary judgment to be granted, it must be shown that “there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c).

II. Authority for the Unwanted Catheterization Procedure

The Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” Its overriding function is “to protect personal privacy and dignity against unwarranted intrusion by the State.” [872]*872Schmerber v. California, 384 U.S. 757, 767, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966); Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989).

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Bluebook (online)
244 F. Supp. 3d 868, 2003 U.S. Dist. LEXIS 29284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-bornemann-wied-2003.