United States District Court, S.D. Indiana, Indianapolis Division
ORDER GRANTING DEFENDANT'S MOTION TO
WALTON PRATT, JUDGE
matter is before the Court on a Motion to Dismiss filed
pursuant to Federal Rule of Civil Procedure 12(b)(6) by
Defendant Correct Care Solutions (“CCS”)
(Filing No. 14). Plaintiff Yonel Maxis
(“Maxis”) initiated this action, seeking monetary
damages for violations of his Fourth and Fourteenth Amendment
rights while he was incarcerated in the Marion County Jail.
CCS moved to dismiss Maxis' sole claim against it,
arguing that the allegations do not support a Monell
claim against CCS. For the reasons that follow, the Court
grants CCS's Motion to Dismiss.
following facts are not necessarily objectively true, but as
required when reviewing a motion to dismiss, the Court
accepts as true all factual allegations in the Complaint and
draws all inferences in favor of Maxis as the non-moving
party. See Bielanski v. County of Kane, 550 F.3d
632, 633 (7th Cir. 2008).
is a dark-skinned, black male from Haiti, who speaks Haitian
Creole and he knows only a few words in English. When he
tried to board an IndyGo bus on July 20, 2017, he encountered
a language barrier and was prevented from boarding the bus.
Indianapolis Metropolitan Police Department
(“IMPD”) officers arrived, noted a language
barrier, and tried to communicate with Maxis using hand
signals. They eventually handcuffed Maxis and pulled him away
from the scene. Maxis was suffering from a mental impairment
at the time of his arrest. He was taken to the Arrestee
Processing Center following his arrest (Filing No. 1 at
following morning, on July 21, 2017, Maxis was transported to
the Marion County Jail. While being placed in the back of the
transport wagon, Marion County Sheriff's deputies pushed
Maxis and used tasers on him multiple times. He was
physically beaten by the officers. Id. at 5-6. Upon
arrival at the Marion County Jail, Maxis was taken to a cell
and a nurse conducted an initial screening of him. The nurse
used the “language line” and Google to translate
when communicating with Maxis. The nurse found no lesions or
abrasions and determined that Maxis could be placed in
general population. Another medical provider noted that Maxis
had pain in his left wrist. Maxis underwent a mental health
screening and was cleared for segregation. Id. at 6.
He was placed under suicide watch because of possible
narcotic ingestion. Id. at 7. The medical staff and
the jail personnel were aware of Maxis' language barrier,
which hampered their ability to effectively communicate and
interact with him. Id. at 5-7.
in the day, sheriff's deputies entered Maxis' cell,
grabbed him by the shirt, took him to the ground, struck him
three times, pulled on his arm, and placed him in handcuffs.
One of the officers eventually told the commander that
another deputy spoke Haitian and could possibly assist with
communication. Id. at 7.
22, 2017, Maxis was transferred to a suicide watch cell.
While his clothing was being removed, law enforcement
officers struck Maxis, held him, and applied pressure to
pressure points on his body. A medical provider, employed by
CCS,  later evaluated Maxis and noted that he
was asleep and would not wake up, but he was breathing. The
CCS employee evaluated Maxis on July 23, 2017 and noted that
he could not understand Maxis because of the language
barrier, but he observed Maxis' speech was pressed and he
was anxious. He found Maxis to be a high suicide risk
(Filing No. 1 at 8).
24, 2017, another CCS employee observed that Maxis was naked
because of flooding in his cell. She noted that she was going
to use the language line to assist with an assessment after
Maxis returned from his court appearance. Later that evening,
law enforcement officers came to Maxis' cell to retrieve
a cup. They directed Maxis to give them the cup, however, he
did not respond because he did not understand what they
wanted him to do. When Maxis did not respond, additional law
enforcement officers came to his cell, and they used physical
force against him, including using a taser, to retrieve the
cup. CCS staff were summoned to remove the taser prongs from
Maxis. One of the medical personnel noted that she could not
take Maxis' blood pressure because his handcuffs were too
tight. Id. at 8-9.
was assessed on July 25, 2017, by CCS medical staff. He was
observed lying on the floor of his cell. When he tried to
move, he appeared to have difficultly lifting himself up to
his bed. A translator was utilized to help with
communication. Maxis explained that he could not get up, he
was weak, he had been refusing food, he was scared, and he
did not understand what was happening during the last few
days. He was observed to have poor insight and judgment, was
withdrawn, was shaky, and did not look well. Maxis also was
observed to be fatigued and weakened with no sensation in his
left leg, which was swollen. Maxis was given a smock and a
blanket. He did not eat, and other inmates indicated that he
had not been eating but was giving away his food.
Id. at 9-10.
26, 2017, CCS staff interacted with Maxis, noting that he had
not eaten in six days, his left leg was not moving, his skin
was pink, and his extremities were cold. They were unable to
obtain a history from Maxis because of the language barrier.
Maxis underwent a CT scan, x-ray, and ultrasound, and it was
decided that he needed to be transported to Eskenazi Hospital
for further treatment. He received treatment at the hospital
from July 26, 2017 through August 4, 2017, when he was
released to his family and returned home to Florida
(Filing No. 1 at 10-11).
21, 2017, a criminal matter was filed in state court against
Maxis for obstructing traffic and resisting law enforcement.
On July 25, 2017, a motion to dismiss all charges was filed
by the state because the state declined to prosecute. The
state court dismissed all charges against Maxis the same day.
Id. at 11.
filed this lawsuit on March 29, 2018. He brings claims
against John Layton (the Sheriff of Marion County, Indiana),
numerous law enforcement officers, and CCS. Maxis requests
monetary damages for his claims of violation of his Fourth
and Fourteenth Amendment rights against law enforcement
officers, Monell claims against Sheriff Layton, and
a Monell claim against CCS (Filing No. 1).
On April 19, 2018, CCS filed the instant Motion asking the
Court to dismiss the Monell claim asserted against
it (Filing No. 14).