United States District Court, M.D. Florida, Orlando Division
SANDRA J. BROGAN, Plaintiff,
VOLUSIA COUNTY, FLORIDA, ARMO R CORRECTIONAL HEALTH SERVICES, INC., MARILYN FORD, MATT REINHART, MELISSA DENMAN, WILLIE JENKINS, MARK FLOWERS, LARRY LANGDO N, CRYSTAL MABRY, ANGELA PRUDENTE, JAMIE BRYANT, MELVINA MCCRAE, CHRISTINE GOOD, RUSTY PERRY, MAUREEN LISA O'NEIL, ALICIA SMIT H, R . N., BARBARA WHITE, R.N., ANGELA GLASPER, CATHLEEN LLOYD, SUSAN CUMMINGS, R.N. and W AYNE SCHROCK, Defendants.
G. BYRON JUDGE
cause comes before the Court on the following:
1. Defendants' Joint Motion to Dismiss Plaintiff's
Second Amended Complaint (Doc. 123), filed December 4, 2017;
2. Plaintiff's Response in Opposition to Defendants'
Joint Motion to Dismiss Plaintiff's Second Amended
Complaint (Doc. 134), filed December 22, 2017;
3. Defendants Angela Glasper and Susan Cummings' Joint
Motion to Dismiss (Doc. 135), filed December 26, 2017; and
4. Plaintiff's Response in Opposition to Defendants
Angela Glasper and Susan Cummings' Joint Motion to
Dismiss (Doc. 139), filed January 5, 2018.
briefing complete, this matter is ripe for review. Upon
consideration, the motions are due to be granted in part and
denied in part.
case arises from the death of April Brogan
(“AB ”) on May 1, 2015, while
detained at the Volusia County Jail (the
“Jail”). Plaintiff Sandra J.
Brogan, as personal representative of April Brogan's
estate, brings this action against twenty
defendantsasserting wrongful death claims under Fla.
Stat. § 415.1111, 42 U.S.C. § 1983 deliberate
indifference and Monell claims, and negligence
about April 29, 2015, AB was booked into the Jail on a
misdemeanor charge. (Doc. 118, ¶¶ 10, 14
(“Second Amended Complaint” or
“S AC ”). During intake, and
throughout her stay, Plaintiff exhibited clearly observable
symptoms of opiate withdrawal. (Id. ¶¶ 5,
10-11). AB's condition progressively worsened during her
detainment. Several times, inmates called Armor, requesting
help for AB . (Id. ¶ 11). Armor apparently did
nothing, and Volusia County officials likewise stood by,
despite receiving pleas from other detainees at the Jail for
help. (Id.). AB was vomiting and “passing
blood” in her cell, and became extremely dehydrated.
(Id. ¶ 12). The smell of AB's vomit was
noticeable throughout AB's cell block for hours before
she died. (Id. ¶ 14). The SAC alleges that Ar m
or had a policy of only administering intravenous fluids to
detainees when it was “absolutely necessary;” in
this case, despite the clear necessity, Armor (and Volusia
County) neglected to provide AB with an intravenous fluid
treatment. (Id. ¶¶ 12-13). AB died on May
1, 2015, roughly three days after she was booked into the
Jail. (Id. ¶ 14).
categorically avers that “[e]ach of the Defendants knew
at the outset” that AB was addicted to opiates and that
she exhibited withdrawal symptoms during intake.
(Id. ¶¶ 5, 10). Opioid withdrawal symptoms
are “easily objectively noticed, ” and Defendants
in this case were further on notice of AB's addiction
because of AB's “known medical history, ”
Defendants' possession of documentation showing AB failed
drug tests, and AB's placement in drug treatment programs
through the Jail. (Id. ¶¶ 10,
April 25, 2017, Plaintiff Sandra J. Brown initiated this
action. (Doc. 1 (“Complaint”)).
Plaintiff filed an Amended Complaint on August 14, 2017.
(Doc. 72). On November 17, 2017, Plaintiff was granted leave
to file the Second Amended Complaint, and so filed on
November 20. (Doc. 118).
brings 26 counts. Counts 1, 2, and 22 bring wrongful death
claims pursuant to Fla. Stat. § 415.1111 against Armor,
Volusia County, and seventeen individual Defendants.
(Id. at pp. 19-24, 77-79). Counts 3 and 4 assert
§ 1983 deliberate indifference claims against Armor and
Volusia County. (Id. at pp. 24-29). Count 5 brings a
§ 1983 claim against Volusia County for
“deliberate indifference and failure to train and
supervise.” (Id. at pp. 29-33). Counts 6
through 21 assert § 1983 deliberate indifference claims
against sixteen individual Defendants. (Id. at pp.
33-77). Count 23 brings wrongful death claims
based on negligence against eight individual Defendants.
(Id. at pp. 79-80). Counts 24 and 25 bring negligent
training and supervision claims against Volusia County.
(Id. at pp. 80-83). Finally, Count 26 avers a
Monell claim against Volusia County for
unconstitutional policies or practices resulting in AB's
death. (Id. at pp. 26).
Defendants -s ave t w o individual D efendant s -joined in
moving to dismiss the SAC. (Doc. 123). The two holdouts
eventually moved to dismiss as well, adopting the ...