Taylor v. Franklin County

104 F. App'x 531
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 14, 2004
DocketNo. 02-6470
StatusPublished
Cited by15 cases

This text of 104 F. App'x 531 (Taylor v. Franklin County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Franklin County, 104 F. App'x 531 (6th Cir. 2004).

Opinion

CLAY, Circuit Judge.

Plaintiff, Lanny Taylor,1 appeals from an order entered on October 31, 2002, by the district court granting Defendants, Franklin County, Kentucky, James Kemper, Jr., George Rose, Ted Hammermeister, and Richard Mazzacone, summary judgment; and dismissing Defendant Sally Maxwell from Plaintiffs suit alleging a violation of Plaintiffs Eighth Amendment right to be free from cruel and unusual punishment, while incarcerated at the Franklin County Correction Complex (“FCCC” or the “jail”), under Title 42 U.S.C. § 1983. Because we believe the district court erred with respect to Defendants Rose, Mazza-cone and Maxwell’s entitlement to qualified immunity, but not as to Defendants Kemper and Hammerstein, this Court will AFFIRM in part and REVERSE in part, the district court’s decision.

I

BACKGROUND

On March 17, 2000, Plaintiff filed this action against Defendants James Kemper, Jr., George Rose, Ted Hammermeister, Richard Mazzacone, and Sally Maxwell— all government employees at the FCCC— in their individual and official capacities, as well as Franklin County, Kentucky, for violating Plaintiffs Eighth Amendment right to be free from cruel and unusual punishment while incarcerated at the FCCC. On July 15, 2002, Defendants filed a motion for summary judgment as to all of Plaintiffs claims, to which Plaintiff responded in opposition. On October 17, 2002, the district court granted Defendants’ motion and dismissed all of Plaintiffs claims, with the exception of Plaintiffs negligence allegation against Defendant Sally Maxwell. On October 31, 2002, after granting Plaintiffs request to dismiss the remaining claim against Defendant Maxwell voluntarily, the court entered its final judgment. Plaintiff then filed a timely notice of appeal on November 13, 2002, requesting review of the suit in its entirety.

[534]*534Plaintiff was incarcerated on January 27, 2000,2 at the FCCC on a twenty-one day sentence for the misdemeanor offense of giving false information to a police officer. On February 5, 2000, Plaintiff submitted a medical request form to the FCCC medical facility, complaining of severe back pain. Plaintiff was seen two days later, on February 7, 2000, by the facility’s nurse, Defendant Sally Maxwell. Upon examination of Plaintiff, Defendant Maxwell’s notes indicated Plaintiff complained that his “whole spine hurt” and that he took “Tylenol 3 and Valium” daily for back pain. Defendant Maxwell observed that Plaintiff could “touch his toes, twist, [ ]stand on heels and toes,” and consequently advised Defendant he need only purchase Advil at the jail’s canteen.

Plaintiff complained of severe back pain again through a medical request on February 10, 2000, which also included complaints of a loss of appetite and weight loss. Defendant Maxwell examined Plaintiff the following day and again advised him to purchase Advil. Plaintiff asserts that Defendant Maxwell never discussed Plaintiffs two other complaints listed on the medical request; that of weight and appetite loss.

On February 12, 2000, Plaintiff fell in one of the FCCC stairwells. At that time Plaintiff was incarcerated in F pod, a second story communal cell. After being alerted to the incident by another inmate, pod officers sent a “Code 100” alert, signifying a medical emergency. Defendant, Sgt. George Rose, found Plaintiff laying in the stairwell outside of F pod. Plaintiff told Defendant Rose that he had fallen and could not feel his feet. Defendant Rose testified that he “advised [Plaintiff] that [he] would call an ambulance, and have him transported to the hospital, but that if the doctor didn’t find anything wrong, [Rose] would file criminal charges against [Plaintiff], and make sure [Plaintiff] had to pay the bill.” Defendant Rose testified that Plaintiff then said he was fine, got up and walked back to his pod. Defendant Rose filed an incident report that was reviewed by Defendant Kemper, the director of the jail, and Defendant Maxwell. Maxwell was made aware of the incident, but did not further investigate Plaintiffs condition. Defendant Rose claims there was no previous contact with Plaintiff before February 12, 2000, and no subsequent interaction after Plaintiffs stairwell accident. Additionally, Rose asserts that he was unaware of Plaintiffs previous claim of severe back pain prior to his encounter with Plaintiff on the stairwell, or that Plaintiff later suffered any additional ailments.

Subsequent to Plaintiffs stairwell incident, his condition rapidly deteriorated. Inmates complained of Plaintiffs hygiene, stating that he was not bathing, and suffered from bladder incontinence. Although all of the FCCC inmates were observed very closely, approximately every hour on the hour in their pods, many officers in the jail testified that they could not remember whether or not Plaintiff showered, stood on his two feet indepen[535]*535dently, or changed his uniform after the stairwell accident.

Additionally, there is a factual dispute between the parties regarding Plaintiffs ability to walk on or around February 15, 2000. Defendants claim that Plaintiff walked, without assistance, into nurse Maxwell’s office on February 15, 2000, to have a TB test administered, and returned on February 17, 2000, for the results. Plaintiff, however, disputes this allegation and maintains there are no individuals at the jail, other than Defendants Maxwell and Mazzacone, who can testify to Plaintiffs presence in nurse Maxwell’s office, or to any significant movement after his stairwell accident on February 12, 2000.

On February 22, 2000, Plaintiffs wife, Denise Taylor, was informed that Plaintiff had complained of his inability to walk and that he was suffering bouts of incontinence without assistance from the jail personnel. Mrs. Taylor then called the jail to lodge a complaint, and told the officer, with whom she spoke, that Plaintiff could not walk or take care of himself, and asked how long the officers were going to allow Plaintiff to “lay in his own feces.”3 After speaking with Mrs. Taylor, two officers went to check on Plaintiff and found him lying in his bunk bed, unable to walk, and smelling of urine.

Inmates with whom Plaintiff was housed allegedly informed officers, approximately five days prior to Mrs. Taylor’s call, that Plaintiff could not walk. On the day of Mrs. Taylor’s call, Plaintiff was carried from the communal jail pods to an isolation cell in protective custody. There is also a factual dispute as to whether or not he was dragged by officers, with unsupported legs, or whether officers carried Plaintiff to his isolation cell with legs dangling.

On February 23, 2002, Plaintiff was in protective custody when Defendant Sgt. Mazzacone came to return Plaintiff to his original F pod cell. Upon being instructed to return to his pod, Defendant testified that Plaintiff again stated he could not walk. Plaintiff claimed he could not move his legs and requested medical attention. Defendant Mazzoeone claims that he observed Plaintiff move his legs and also observed urine in the commode of his protective cell. Defendant Mazzacone then took the corner of the mattress on which Plaintiff was lying and dragged Plaintiff on the mattress through the hallway of the jail to Defendant Maxwell’s nursing station. Defendant Maxwell observed Plaintiff and also testified to his leg movement, and helped Defendant Mazzacone drag Plaintiff on the mattress through the hallway and back to his pod.

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Bluebook (online)
104 F. App'x 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-franklin-county-ca6-2004.