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Mayweather-Brown v. Biggler

United States District Court, N.D. Indiana, South Bend Division

September 30, 2019

QUINTIN J. MAYWEATHER-BROWN, Plaintiff,
v.
STEFFANY BIGLER, et al., Defendants.

          OPINION AND ORDER

          JON E. DEGUILIO JUDGE

         Quintin J. Mayweather-Brown, a prisoner without a lawyer, is proceeding against Lieutenant Steffany Bigler, Captain John Perry, and Gary Yoder for failing to provide him with appropriate conditions of confinement, including adequate clothing, bedding, and heat while housed at the Elkhart County Jail (“Elkhart Jail”) in violation of the Fourteenth Amendment. (ECF 32; 143.) He is also proceeding against Lieutenant Bigler, Captain Perry, Dr. Josh Mathew, Robbin Yohn, and Mr. Yoder for failing to provide him with constitutionally adequate medical care while housed at the Elkhart Jail in violation of the Fourteenth Amendment. (Id.) On October 15, 2018, Mayweather-Brown filed a motion for summary judgment asserting he is entitled to judgment as a matter of law on his claims. (ECF 200.) On December 4, 2018, the Defendants responded by filing cross-motions for summary judgment (ECF 210; 213) asserting there are no genuine issues of material fact to support Mayweather-Brown’s claims. The cross-motions for summary judgment were accompanied by notices informing Mayweather-Brown of the motions as required by N.D. Ind. L.R. 56-1(f). (ECF 215; 216.) On February 19, 2019, Mayweather-Brown filed a reply (ECF 231, 232-1) and, on April 15, 2019, he filed a sur-reply. (ECF 258.) On August 2, 2019, Dr. Mathew, Yohn, and Yoder filed a response to Mayweather-Brown’s sur-reply. (ECF 286.)

         FACTS[1]

         Mayweather-Brown was a pretrial detainee at the Elkhart Jail from March 20, 2014 to June 6, 2014, when he was transferred to the Indiana Department of Correction (“IDOC”). (ECF 212-2 at ¶ 5, 212-2 at 6-8, 42-55, 212-4 at 27:15-20.) He returned to the Elkhart Jail on May 22, 2015 and remained there until January 21, 2016, when he was again transferred to the IDOC. (Id.)

         Mayweather-Brown has sued Lieutenant Bigler, Captain Perry, Dr. Mathew, Mr. Yoder and Ms. Yohn. Bigler was employed by the Elkhart County Sheriff’s Department (“Sheriff’s Department”) as a Sergeant and Lieutenant in the Corrections Division from August 2003 through October 2015. (ECF 212-1 at ¶¶ 2, 3.) Perry was employed by the Sheriff’s Department as the Captain of the Corrections Division throughout the time period relevant to this case. (ECF 212-2 at ¶¶ 2, 3.)

         Dr. Mathew is a psychiatrist who works for Correct Care Solutions (“CCS”), a private company that contracted with the Sheriff’s Department to provide healthcare to inmates at the Elkhart Jail. (ECF 212-5 at ¶ 3.) He is responsible for providing mental health services by diagnosing inmates who have behavioral and psychiatric disorders, prescribing and managing psychiatric medication for inmates, and seeing inmates as needed for acute psychiatric issues. (Id. at ¶ 4.) Dr. Mathew creates treatment plans for inmates and advises mental health staff on how best to treat inmates; however, he does not take an active role in monitoring the day-to-day mental healthcare of inmates. (Id.)

         Yoder is a licensed clinical social worker and was employed by CCS at the Elkhart Jail during the relevant period. (ECF 212-7 at ¶¶ 2, 3.) He provided mental health counseling services by assisting inmates who had acute mental health issues and worked with doctors who developed treatment plans for inmates. (Id. at ¶ 4.) Yoder did not diagnose inmates, prescribe medication, or dictate treatment plans for inmates. (Id.) He also did not direct the actions of correctional officers and only carried out the treatment plans established by jail physicians. (Id.)

         Yohn, a registered nurse, was employed as a Health Services Administrator by CCS at the Elkhart Jail during the relevant period. (ECF 212-6 at ¶ 3.) Her position was primarily administrative in nature because she served as the liaison between the Elkhart Jail Administration and the medical department. (Id. at ¶ 4.) Yohn’s duties entailed ordering medical supplies, hiring medical staff, maintaining nursing staff schedules, responding to inmate grievances regarding medical issues, and handling human resource issues for the medical staff. Id. She did not have the authority to prescribe medications, recommend treatments, or refer patients to specialists. (Id.)

         March 20, 2014 to June 6, 2014

         On the morning of March 20, 2014, Mayweather-Brown was booked into the Elkhart Jail. (ECF 212-3 at 55.) Immediately upon his intake, he was referred to mental health staff because he had made suicide threats to the police officers who had transported him to jail. (Id. at 53-54.) However, once Mayweather-Brown arrived at the Elkhart Jail, he told the jail’s staff that he was not going to harm himself. (Id. at 55.) Dr. John Foster, a jail doctor, prescribed Remeron (antidepressant medication), Zyprexa (antipsychotic medication), Haldol (antipsychotic medication), and Ativan (anxiety medication) for his symptoms. (Id. at 56.) At that time, Mayweather-Brown did not have a comprehensive intake screening because he was combative. (Id. at 57, 59.) Despite telling medical staff that he did not intend to harm himself, he told one staff member that, “If I go in a padded cell I will cause problems for everyone.” (Id. at 61.)

         At 2:00 p.m. on March 20, 2014, Mayweather-Brown became upset about his legal charges and was taken to a classroom to walk around and calm down. (ECF 212-3 at 73.) Twenty minutes later at 2:21 p.m., Dr. Foster was alerted that Mayweather-Brown had attempted to hang himself with a blanket and was complaining of not being able to feel his body from his neck down. (Id. at 76-77.) Jail officers, however, were able to see there was slack in the blanket around his neck and he was moving his head on his own. (Id.) Mayweather-Brown was then transported to the medical unit on a backboard where Dr. Foster observed that he was able to move his arms. (Id.) Dr. Foster examined him and noted that all of his reflexes were intact, and he could move all of his appendages. Id. He complained that he had neck pain, but while he was waiting for a neck x-ray, admitted that there was nothing wrong with his neck.[2] (Id. at 70-71, 76-77.)

         At 3:30 p.m. on March 20, 2014, Mayweather-Brown refused his medication, stating “Don’t give me a f****** shot. That s*** better be court ordered. I ain’t taking s***.” (ECF 212-3 at 68.) He was extremely agitated and aggressive, and stated that he would “get every worker here.” (Id.) About two hours later at ¶ 5:45 p.m., another jail doctor, Dr. Robbins ordered an Ativan injection. (Id. at 64-65.) However, at 8:10 p.m., he refused his medications and would not sign a refusal of treatment form. (Id. at 64.) At around 9:30 p.m., he tied a wire around his neck and threatened suicide. (Id.) However, he agreed to turn over the wire to medical staff upon receiving several cups of water. (Id.)

         The next day, on March 21, 2014, Mayweather-Brown refused his medication and would not sign the refusal of treatment form. (ECF 212-3 at 81-82.) At 9:40 a.m. that day, he was evaluated by mental health staff. (Id. at 96.) They noted that he had attempted to kill himself three times in the past twenty-four hours, verbalized intentions to drown himself, threatened to bang his head on the floor until he injured himself, and injured an officer by punching and biting him. (Id.) Mayweather-Brown also refused his last two meals, dismantled the intercom system in his room, and tied the wires from the intercom system around his neck. (Id.)

         At 9:47 a.m. on March 21, 2014, Mayweather-Brown refused to give his blanket and sleeping mat to jail officers. (ECF 212-3 at 92.) He was verbally abusive and threatened the officers. Id. Jail officers had to employ pepper spray to gain control of Mayweather-Brown and he was placed in a restraint chair. (Id.) Once restrained, he stated that, after he was released from the chair, he was going to “bang [his] head on the floor until [he had] a concussion.” (Id.) He then threatened to “kill every officer.” (Id.)

         At about 12:00 p.m., while he was still being restrained, Mayweather-Brown threatened to drown himself by putting his head in the toilet. (ECF 212-3 at 88, 93, 95.) He continued to yell, threaten himself and threaten staff, and refused to take his medications. (Id.) However, he later agreed to take Ativan but refused it when it was provided to him. (Id.) Later that evening, Mayweather-Brown declared that he was “on a water strike” and demanded to be hooked up to an IV. (Id. at 94.) He started drinking water and Boost, a nutritional meal shake, the next morning. (Id.)

         Yoder, a licensed clinical social worker at the jail, initially became aware of Mr. Mayweather-Brown on March 21, 2014, during a meeting with correctional and medical staff. (ECF 212-7 at ¶ 5.) Yoder subsequently consulted with Dr. Mathew, a psychiatrist at Oaklawn Hospital, to request that Mayweather-Brown be admitted for inpatient psychiatric care. (Id. ¶ 6.) Dr. Mathew refused to admit him because Oaklawn was not equipped to manage his violent behavior. (Id.)

         On March 22, 2014, Mayweather-Brown again refused to take his medications. (ECF 212-3 at 98-102.) At 12:36 p.m., Nurse Williams noted that jail staff had used pepper spray on Mayweather-Brown twice in one hour and he refused to allow the nurses to clean and bandage scratches on his arms. (Id. at 106.) Around 1:49 p.m., Mr. Mayweather-Brown remained verbally aggressive with staff and continued to request medical help but would then refuse help when it was offered. (Id.) Around 2:03 p.m., he again asked for medical help. (Id. at 105-06.) When medical staff asked what he needed, he replied “I don’t know, I just need help and you’re not helping.” (Id.) Mayweather-Brown continued to be verbally aggressive to medical staff. (Id.)

         In the evening of March 22, 2014, Mayweather-Brown asked to be put in the restraint chair and stated he would harm himself if he were released from the chair. (ECF 212-3 at 105.) He refused medication, water, Boost, and a check of his vital signs. (Id.) Mayweather-Brown was released from the restraint chair later that evening and was given water and food. (Id.) Because he complained of nausea, the jail doctor ordered anti-nausea medication. (Id. at 104.)

         The next day, on March 23, 2014, Mayweather-Brown refused his meals and medications, except for his anti-nausea medication. (ECF 212-3 at 108, 113.) At about 7:50 a.m., Mayweather-Brown complained that he could not breathe. (Id. at 114.) He was examined and it was noted that his oxygen saturation was at ninety-eight percent. (Id.) However, he refused his inhaler. (Id.) At 8:24 a.m., Mr. Mayweather-Brown complained of vomiting and told the nurses that he needed IV fluids and potassium. (Id.) He stated “[c]all the doctor and tell him that s***. I’m [] dehydrated and [will] sue you d****** nurses and doctors.” (Id. at 114-15.) Around noon, he was given a meal tray, and he ate his lunch. (Id. at 115.)

         On March 24, 2014, Mayweather-Brown refused his Ativan and Boost. (ECF 212-3 at 116-117.) At 8:30 a.m., he was observed sitting in his cell and did not exhibit signs of negative behavior. (Id. at 123-124.) Yoder followed up with him at 2:00 p.m. and noted that he remained agitated and hostile, and that he made several threats toward staff. (Id. at 121.) Mayweather-Brown requested that he be released from suicide watch, but Yoder noted that his behavior did not warrant being released from suicide watch. (Id.) Yoder met with Mayweather-Brown’s family to discuss the option of bonding him out of jail. (ECF 212-7 at ¶7.) However, they had not yet decided if they wanted to take that action and were concerned that if he were released, he would be brought back to jail immediately. (Id.)

         At about 3:00 p.m. that day, Mayweather-Brown put his face in the toilet. (ECF 212-3 at 123.) His examination showed he had normal vital signs, but he refused to speak with the nursing staff. Id. Later that afternoon, he was placed in the restraint chair because he was picking paint chips off his cell wall. (Id.) He was released from the restraint chair by 8:20 p.m. and refused his evening medications. (Id.)

         On March 25, 2014, Mayweather-Brown refused to take his morning medications because he felt that staff were “just trying to control [his] emotions.” (ECF 212-3 at 129, 148.) At 9:40 a.m., he was observed putting a towel around his neck and, subsequently, he was placed in the restraint chair. (Id. at 132-34.) After being restrained, he began yelling at officers. (Id. at 139.) He was offered the chance to return to his cell but stated that, if he was placed back in his cell, he would get paint chips off the wall to slit his throat. (Id. at 148.) At around 11:15 a.m., Yoder met with Mayweather-Brown and offered to take him out of the restraint chair and place him back in his cell. (Id. at 144.) However, he requested that he remain in the restraint chair, stating “no, I hate it in there, I like it out here, and I can watch everything going on.” (Id.) At 6:10 p.m., Mayweather-Brown was released from the restraint chair and was given a suicide smock and blanket. (Id. pg. 149.) However, because he refused to enter his cell without a sleeping mat, he was placed back in the restraint chair. (Id.)

         The next day, on March 26, 2014, Mayweather-Brown refused Boost and his Ativan. (ECF 212-3 at 151.) Yoder followed-up with him and noted that he became agitated when he was reminded of his many suicidal and self-harm gestures. (Id. pg. 154.) Yoder explained that he would need to have stable behavior for three days before he could be considered for a lower level of suicide watch. (Id.) This news agitated Mayweather-Brown and he began at Yoder. (Id.) In fact, he told Yoder repeatedly that jail staff was “depriving him of his rights.” (Id.)

         On March 27, 2014, Mayweather-Brown refused his Boost and Ativan. (ECF 212-3 at 159-60.) Yoder followed-up with him and noted that his behavior had improved somewhat. (Id. at 162.) Mayweather-Brown requested that he be downgraded to a level-three suicide watch (a less intensive level of suicide observation, but Yoder told him that his suicide level could not be lowered that day. (Id.) His behavior then escalated, and he began swearing at Yoder, who noted that “unless [he] give Mr. Mayweather-Brown exactly what he wants he will be certain everyone knows he is pissed about the alternatives.” (Id.) Yoder also noted that jail staff had raised concerns that Mayweather-Brown was adversely impacting them. (Id.) However, on March 27, 2014, there were reports of Mayweather-Brown attempting to harm himself. (Id. at 165.)

         On March 28, 2014, Dr. Robbins placed Mayweather-Brown on a level-three suicide watch. (ECF 212-3 at 171.) Later in the day, however, when he learned that his family would not post bond to release him from jail, his behavior escalated. (Id.) He began screaming “I’m going to finish what I started, this is going to be a long weekend.” (Id.) Yoder reported that his anger was completely unmanageable. (Id.)

         On March 29, 2014, Mayweather-Brown reported that he was throwing up and needed medical assistance. (ECF 212-3 at 180.) He was verbally aggressive and refused the liquid diet ordered by the medical provider. (Id.) A nurse examined him and noted there were no signs of vomit in his cell, and he did not appear to be malnourished or dehydrated. (Id.) The nurse explained to Mayweather-Brown that emotional upset can cause stomach upset, and he responded by saying “you don’t know nothing b**** move out of the way.” (Id.)

         At 7:50 p.m. on March 29, 2014, Mayweather-Brown was observed talking with the chaplain but did not exhibit negative behaviors. (ECF 212-3 at 182.) At 9:30 p.m., medical staff was notified that he was ripping his sleeping mat cover apart and telling officers that he was going to “slit his f****** wrist.” (Id.) Mayweather-Brown was put in the restraint chair briefly, and then released back to his cell when he agreed to take his Ativan. (Id.)

         In March 2014, Mayweather-Brown continued to display aggressive behavior. For example, on March 30, 2014, he remained on level-two suicide watch. (ECF 212-3 at 184.) The next day, on March 31, 2014, an Elkhart Superior Court Judge authorized jail doctors to administer medication over his objection due to his extreme behavior. (Id. at 185.) On that day, he also made several gestures to harm himself by tying things around his neck. (Id. at 187.)

         On April 1, 2014, Mayweather-Brown refused to take his medications. (ECF 212-3 at 199.) Mental health staff followed-up with him and noted that he blamed the jail officers’ actions for his outbursts and negative behavior. (Id. at 201.) For example, he told officers that he would tear up a padded cell if he were put in one and, after officers put him in a padded cell, he destroyed it. (Id.) Mayweather-Brown felt that this was the jail officers’ fault. (Id.)

         On April 2, 2014, Mayweather-Brown refused his morning medications. (ECF 212-3 at 204.) He was released from suicide precautions and housed in the K-pod. (Id. at 207.) He expressed anxiety about being taken off of suicide watch status but remained hopeful that his sister would bond him out of jail the next day. (Id.) Furthermore, in early April 2014, Mayweather-Brown also refused to take his Zyprexa and Remeron medications. (Id. at 222, 225.)

         On April 10, 2014, at about 3:30 p.m., Mayweather-Brown reported that he ingested multiple pills and swallowed shampoo. (ECF 212-3 at 233, 236.) Dr. Foster examined him and reported that he exhibited this behavior because he could not get in contact with his sister. (Id. at 223.) Dr. Foster advised that, even after taking multiple Thorazine and Ativan tablets, he was still below the daily maximum dose for these medications and they should not cause him any medical problems. (Id. at 235.) At 4:00 p.m., Mayweather-Brown was in his cell and urinated on himself. (Id. at 236-37.) He urinated on himself again around 4:40 p.m., 5:15 p.m., and 5:50 p.m. (Id.)

         On April 11, 2014, Mayweather-Brown refused his morning medications. (ECF 212-3 at 238, 240.) During a mental health assessment that day, he told staff that he “made the whole story up-I didn’t intend to kill myself.” (Id. at 242.) Dr. Robbins noted that he made up his attempted overdose and expressed his desire to be taken off of suicide watch. (Id. at 244.) At 10:00 p.m., he refused his Zyprexa, saying “I don’t want the Zyprexa but I want the others. I don’t know why I don’t want it, I just don’t want it.” (Id. at 247.) He also threatened jail staff, saying “I’m getting really sick of this, I got a big lawsuit coming with the news and everything coming, lots of people are going to lose their jobs.” (Id.)

         The next day, on April 12, 2014, Mayweather-Brown once again refused his morning medications. (ECF 212-3 at 248.) The next day, on April 13, 2014, he remained on a level-two suicide watch. (Id. at 250-51.) He refused his antipsychotic medication because he believed that the “jail was trying to find him incompetent” and he wanted “to show everyone that he does not need the medication.” (Id.) Mayweather-Brown did not engage in disruptive behavior and requested Ativan at 11:15 p.m. for agitation. (Id. at 252.)

         On April 14, 2014, Mayweather-Brown stated he would not take Zyprexa because he was no longer taking antipsychotic medication. (ECF 212-3 at 253.) At 7:30 a.m., he was observed by mental health staff resting in his cell with his sleeping mat and blanket. (Id. at 257.) He had a discussion with mental health staff about his mental health diagnosis and the criteria needed to be considered for a state mental hospital. (Id. at 256.) Around 2:00 p.m., Mayweather-Brown became upset when his medication was crushed into a cup without him watching. (Id. at 254.) He cursed, yelled at, and threatened the nursing staff. (Id.) The nursing staff told Mayweather-Brown that they would crush the medication with him watching, and they offered to do that immediately, but he refused his medications. (Id.)

         On April 15, 2014, Mayweather-Brown refused to take his morning medications. (ECF 212-3 at 258.) Yoder followed-up with him on suicide watch and noted that he had voiced no suicidal ideations. (Id. at 261.) He was antagonistic toward nursing staff. (Id.) Yoder noted that he had been seen by Dr. Robbins, who opined that he was controlling and his attention seeking behavior was consistent with anti-social personality disorder. (Id.) At 10:00 a.m., he was cleared from suicide watch to return to general population. (Id. at 264.)

         Also, on April 15, 2014, Mayweather-Brown wrote a letter to the Elkhart County Sheriff, Bigler, and Perry. (ECF 212-3 at 259.) In his letter, he explained that he had been intentionally provoked by being placed in situations “knowing full well where the situations have led to in the past.” (Id.) He further explained that he had a well-documented history of post-traumatic stress disorder (P.T.S.D.), which had never been documented by mental health staff, and claimed the jail staff was mentally abusing him by placing him in situations he did not like and “triggering his P.T.S.D.” (Id.)

         The next day, on April 16, 2014, Yoder assisted in developing a mental health treatment plan for Mayweather-Brown. (ECF 212-3 at 266.) He was diagnosed with impulse control disorder and antisocial personality disorder. (Id.) The focus of the treatment plan was to manage his agitation and suicidal gestures. (Id.)

         On April 17, 2014, Mayweather-Brown refused to take his morning medications. (ECF 212-3 at 268.) At 7:00 a.m., medical staff was called to his cell because he reported being short of breath. (Id.) When a nurse arrived at his cell, Mayweather-Brown refused to do a pulmonary function test, stating “I don’t need to do all that cause it’s going to throw me into an attack….see you nurses all don’t know what the h*** you [are] doing.” (Id.) The nurse who examined him noted that his oxygen saturation was ninety-six percent and he was neither whistling nor wheezing, and his breathing was even and unlabored. (Id.) When the nurse gave Mayweather-Brown his inhaler, he did not take puffs from it but instead simply gave it back to her and walked upstairs. (Id.)

         On April 18, 2014, Yoder met with Mayweather-Brown and noted that he continued to request changes in his medication. (ECF 212-3 at 272.) He denied that he was psychotic and refused to take antipsychotic medication but requested Geodon (antipsychotic medication). (Id.) He also expressed anxiety over his pending court hearings. (Id. at 273.)

         On April 24, 2014, Mayweather-Brown was scheduled for a chronic care asthma visit with Dr. Foster. (ECF 212-3 at 280.) Dr. Foster noted that he initially refused to go to his appointment but arrived later in the day to see him. (Id.) During the appointment, he threatened physical violence if he could not immediately leave the appointment and then left with another group of inmates and went back to his unit. (Id. at 279-80, 283.) Dr. Foster noted that he manipulated medical staff by refusing to use his Albuterol inhaler and then would ask to use it immediately after nurses left his unit. (Id. at 280.) He also noted that Mayweather-Brown’s asthma was mild and could be controlled with medication, but he was non-compliant and deceptive in saying that nurses did not bring him his medication. (Id. at 282.)

         Five days later, on April 29, 2014, Mayweather-Brown once again refused to take his morning medication. (ECF 212-3 at 286.) That day, he also refused his evening medications stating: “I plan to be in the chair all night so I don’t need them.” (Id. at 287.) At 5:45 p.m., he asked to be seen by medical staff. (Id. at 299.) However, after medical staff arrived, he refused to identify his medical issue and refused to speak with the nurse because he “doesn’t like” the nurse who was available to see him. (Id.) The medical staff left after Mayweather-Brown refused care, and he became aggressive and combative with jail officers and was placed in the restraint chair. (Id. at 299, 301.) The medical staff then returned thirty minutes later because he stated he was having an asthma attack. (Id. at 299.) However, once the medical staff arrived, they observed Mayweather-Brown was not in distress because he was yelling and cursing at jail officers. (Id.) He was administered his asthma inhaler. (Id.)

         After being placed in the restraint chair, Mayweather-Brown refused to have restraint chair assessments at 5:45 p.m., 6:00 p.m., 6:05 p.m. 6:30, p.m., 6:40 p.m., 7:00 p.m., 7:30 p.m., 7:37 p.m., and 8:00 p.m. (ECF 212-3 at 288-96.) At 6:30 p.m., he stated “I’ll sit in this chair all night, this doesn’t bother me, I’m fine.” (Id. at 293, 300.) At 7:30 p.m., he was heard yelling at officers, stating “I’m suing you personally Cole, I’m coming after you and your job.” (Id. at 300.) By 7:37 p.m., he told medical staff to call the doctor and tell them that an officer was “personally messing with [his] P.T.S.D. and whatever happens is not [his] problem.” (Id.) He was taken out of the restraint chair at 9:18 p.m. (Id. at 301.)

         The next day, on April 30, 2014, Mayweather-Brown refused his morning asthma medications. (ECF 212-3 at 303.) At 2:30 p.m. that day, mental health staff attempted to talk with him about his behavior that led to his placement on suicide watch. (Id. at 311.) He admitted to threats of self-harm, said he was not suicidal, and did not need to be on suicide watch. (Id.) He blamed his threats of self-harm on jail officers because they triggered his P.T.S.D. (Id.) Mayweather-Brown showed the mental health staff worker a plastic spoon and said he was going to harm himself. (Id.) He then proceeded to make cutting actions at his wrist with the spoon. (Id.)

         At 2:50 p.m. that day, Mayweather-Brown requested that he be placed in the restraint chair. (ECF 212-3 at 310.) He refused to turn over his plastic spoon to jail officers. (Id.) At 3:10 p.m., he yelled to Nurse Emily Emery that he was going on a hunger and water strike. (Id. at 309.) Twenty minutes later, Katherine Brown, a mental healthcare worker, spoke with Mayweather-Brown, who was yelling and wanted to know why he was on suicide precautions. (Id. at 311.) Brown responded that he was on suicide precautions due to the threats of self-harm that he had made the previous day. (Id.) This caused him to escalate his behavior and he threatened to bang his head against a railing, saying “what are you going to do to stop me?” (Id.) He also stated that he was being discriminated against. (Id.) At 4:00 p.m., Mayweather-Brown refused to let jail officers restrain his right hand in the restraint chair. (Id. at 310.) He then became violent with custody officers, made verbal threats, and began thrashing his body around in the restraint chair. (Id.) He refused medical checks every twenty minutes while in the restraint chair. (Id.) At 6:36 p.m., he requested that medical staff check his vital signs and clean a cut on his right shoulder. (Id. at 312-13.) Medical staff attended to his needs and noted he was eating and drinking water so his hunger and water strike had ended. (Id.)

         On April 30, 2014, Mayweather-Brown underwent a self-harm initial assessment. (ECF 212-3 at 314.) Mental health staff noted he made suicidal statements to jail officers after he became upset that he could not make copies. (Id.) He informed Mary Marcus, a mental healthcare worker, that he was not suicidal and denied saying anything related to self-harm. (Id. at 315.)

         The next day, on May 1, 2014, a 11:30 a.m., jail officers observed Mayweather-Brown attempting to harm himself. (ECF 212-3 at 323.) They tried to place him in the restraint chair but he became combative and spit at them. (Id.) He then grabbed the officers’ hands and tried to twist and break their fingers. (Id.) Mayweather-Brown hit the officers with his knees and attempted to use his head as a weapon. (Id.) After being placed in the restraint chair, he threated officers, saying “I’m going to f*** you up! Stop touching me, I’ll kill you! You don’t have a soul.” (Id. at 339.)

         That same day while he was still in the restraint chair, Dr. Foster examined Mayweather-Brown to access his chronic asthma. (ECF 212-3 at 329-31.) He noted that Mayweather-Brown’s biggest hurdle to his health was himself and he would be healthier if he were compliant with his medications. (Id.) Brown also followed up with him and noted the incident began when he was given a normal sack lunch instead of a special lunch.[3] (Id. at 336-37.) Mayweather-Brown reported that he is unable to control himself when his anger is triggered. (Id.) He requested that medical staff, mental health staff, and jail officials develop treatment plan to respond to his behavior. (Id.)

         On May 2, 2014, Mayweather-Brown was given his medication at which time he informed the medical staff that he would not take the medication and would not give it back. (ECF 212-3 at 341, 345.) He was also examined for complaints of a strained neck and he was given an ice pack. (Id. at 342-44.) At 5:25 p.m., Mayweather-Brown refused to return the ice pack and stated that “the officer over there pissed me off so I’m not giving this back and [I am] going to eat it.” (Id. at 349.) At 8:10 p.m., while a nurse examined him, he stated to her “Nurse, look I am cutting myself. Nurse, I am harming myself aren’t you going to do anything?” (Id. at 349.) The nursing staff was advised that they should not enter his cell because of his hostility toward them, which increased his anger. (Id.)

         At 9:00 p.m. that same day, a nurse observed Mayweather-Brown in his cell with a small metal object that he was using to make small lacerations to his left arm. (ECF 212-3 at 345-46.) He requested that the nurse clean and bandage his cuts, but jail staff advised the nurse not to enter the cell as long as he had the piece of metal. (Id.) He refused to give jail officers the piece of metal and appeared agitated and combative. (Id.) Several hours later at 11:00 p.m., a nurse observed Mayweather-Brown yelling at a jail officer stating, “I don’t like your face Goodwin, you make me agitated.” (Id. at 345.) The nurse gave him Tylenol and allergy medicine in a cup, but he took the cup, dumped the water out, and kept the medication. (Id.) He stated, “I’m not taking these meds and I’m not giving the cup back, you guys can come in and get it.” (Id.) However, jail officers did not enter the cell to retrieve the medication or the cup. (Id.)

         On May 3, 2014, Dr. Foster discontinued Mayweather-Brown’s Tylenol and allergy medication because he refused to take the medications the day before. (ECF 212-3 at 345, 351.) At 1:25 a.m., a nurse was called to examine Mayweather-Brown. (Id. at 353.) He reported that he had been banging his head on the wall and, as a result, had a headache and experienced blackouts. (Id.) The nurse explained she could not enter his cell and provide care until he calmed down. (Id.) At 2:21 a.m., Mayweather-Brown requested Ativan and Geodon and took these medications. (Id.) He also stuck his left arm out of the slot in his door and allowed a nurse to clean and bandage ten superficial cuts on his arm. (Id.) At 4:12 a.m., jail officers informed the nursing staff that he had refused his breakfast and announced he was going on a hunger strike. (Id.) At 6:20 a.m., Mayweather-Brown refused his dinner and said he would not drink any water. (Id.) However, he later drank 120 milliliters of water. (Id.)

         At 2:10 p.m. on the same day, Mayweather-Brown ate ten percent of his lunch and asked to speak with mental health staff regarding his hunger strike. (ECF 212-3 at 357-58.) The nursing staff observed him making verbal threats against the medical and jail staff. (Id.) At 4:45 p.m., he consumed two Boost supplements. (Id.)

         On May 5, 2014, Mayweather-Brown refused to take Geodon. (ECF 212-3 at 359.) Between 1:10 p.m. and 2:30 p.m., he became very upset that he was being given nutraloaf[4] instead of normal meals and stated he would remain on a hunger strike until he got regular food. (Id. at 360, 365.) He was then given two Boost supplements, which he drank. (Id. at 360.) Mayweather-Brown still had the metal object that he used to cut his arm on May 2, 2014. (Id.) He was told that he would not be moved to level-three suicide watch until he surrendered the piece of metal. (Id.) At 3:40 p.m., he was moved from level-two suicide watch to a level-three suicide watch because he remained calm all day. (Id. at 360, 363.)

         On May 6, 2014, Mayweather-Brown requested that he return to general population. (ECF 212-3 at 367.) He acknowledged that he allowed people to get under his skin and then acted out to prove them right. (Id.)

         On May 8, 2014, at 6:00 p.m., Mayweather-Brown requested his asthma inhalers. (ECF 212-3 at 372.) The nurse told him that he no longer had an “as needed” order and would have to wait until he had a medical pass. (Id.) At 6:50 p.m., Mayweather-Brown’s cellmate alerted medical staff that he was unresponsive. (Id.) Nursing staff arrived and observed him sitting on the floor with no signs of respiratory distress. (Id.) He refused to answer any questions until he received his inhalers. (Id.) The nurse allowed him to use his inhaler, even though he was not showing any signs of respiratory distress. (Id.) Mayweather-Brown put in a request for health care, complaining of extreme neck pain due to the jail officers’ use of force. (Id. at 373.) His neck was examined; however, there was no swelling. (Id.) He was prescribed Tylenol for muscle aches. (Id.)

         On May 9, 2014, Mayweather-Brown was placed on suicide watch because he made suicidal statements, which he later denied. (ECF 212-3 at 375.) After being placed on suicide watch, he engaged in a series of self-injury behaviors. (Id.)

         On May 10, 2014, Mayweather-Brown complained that he had a torn ligament in his neck and stated he should not have to be triaged because he was allegedly injured by jail officers’ use of force. (ECF 212-3 at 378.) He was given Tylenol for his neck pain and had no behavioral issues on May 10, 2014. (Id. at 381-82.)

         On May 11, 2014, Mayweather-Brown was compliant with his medications except for the Geodon. (ECF 212-3 at 383.) He stated he had chronic migraines, which he had never complained about before, and asked for medication. (Id.)

         The next day, on May 12, 2014, someone placed a call from the intercom system in Mayweather-Brown’s cell to inform prison staff that someone was thinking of suicide. (ECF 212-3 at 385.) Both Mayweather-Brown and his cellmate denied making the call and the inmates were placed on suicide watch. (Id.) Mayweather-Brown was later observed sitting on his bunk and singing. (Id. at 387.)

         On May 13, 2014, Mayweather-Brown told mental health staff that he was highly agitated because he felt things at the jail should be done differently. (ECF 212-3 at 388.) He was loud and demanding at that time. (Id.)

         Two days later, on May 15, 2014, Mayweather-Brown refused to take Geodon. (ECF 212-3 at 393.) He was later placed on suicide watch at his request. (Id. at 394.) He stated he was angry and did not want to his behavior to escalate. (Id.) He also indicated that he did not want to be housed in the K-42 pod (mental health unit) any longer. (Id.)

         On May 16, 2014, Mr. Mayweather-Brown told Mr. Yoder that he did not have any suicidal ideation, and he requested to be on suicide watch so that he could clear his head. (ECF 212-3 at 397.) Mr. Mayweather-Brown said that he felt too confined in the K-42 pod (the mental health unit) and requested placement in general population. (Id.)

         At 1:30 p.m. on May 17, 2014, Mayweather-Brown became agitated and verbally threatened others. (ECF 212-3 at 401-02.) He stated that he “is suing all of medical and none of you mother******* will have anything left when I’m done with ya.” (Id.) He then began throwing paper, tubes of toothpaste, and other items through the tray slot in his door. (Id.) Mayweather-Brown also began squirting water from the toilet using a glove and was aiming at jail and medical staff, and electronic equipment. (Id.) He requested Ativan and after taking it, he was calm and laughing with other inmates. (Id.)

         The next day, on May 18, 2014 at 8:10 a.m., Mayweather-Brown was seen sleeping in his cell with no behavioral issues. (ECF 212-3 at 413-14.) At 11:00 a.m., he began flooding his cell and yelling “I will hit my head against this wall until I’m put in the chair!” (Id.) He initially refused a vital sign check that morning but allowed the medical staff to take his vital signs at 11:55 a.m. (Id.) He drank thirty-two ounces of water at 11:55 a.m., and eight ounces of water at 12:25 p.m. (Id.) Mayweather-Brown then yelled “I am going to make sure to stay in this chair until first shift! Ya’ll wanna learn how to do what I do? This video will be on YouTube, take a lesson from me. I can tear this place down! I already know how I’m gonna get outta this chair. Now I’m hydrated, b******! It’s on! Cooley, you’re a b****.” (Id.) He continued yelling at jail and medical staff as well as other inmates and broke a railing while in the restraint chair. (Id.) At 5:00 p.m., he complained of sudden headaches after being placed in the restraint chair earlier in the day. (Id. at 407-09.) Nursing staff provided him with Tylenol. (Id.) He made a similar complaint around 9:00 p.m. (Id. at 413.)

         On May 19, 2014, Yoder followed-up with Mayweather-Brown and noted he had been more stable until the last ten days, when he had two separate instances on suicide watch. (ECF 212-3 at 415-17.) His behavior had escalated over the last forty-eight hours, but he was currently calm and rationale. (Id.) Yoder noted that he saw little desire on the part of Mayweather-Brown to change his behavior. (Id. at 415-19.) He assessed Mayweather-Brown as being narcissistic, anti-social, and made everyone miserable if he did not get what he wanted. (Id.)

         The next day, on May 20, 2014, Mayweather-Brown refused to take his morning medications. (ECF 212-3 at 423.) At 10:15 a.m., he was briefly placed in the restraint chair. (Id. at 424.) After being released to his cell at 10:18 a.m., he ripped his shirt and banged his head against the windows. (Id.) Mayweather-Brown also began cutting his wrist with a piece of a comb. (Id. at 429.) At 11:00 a.m., Yoder observed him after he was placed on suicide watch. (Id. at 426-27.) He noted that Mr. Mayweather-Brown had verbalized suicidal ideations to jail officers, and this was his third time on suicide watch in two weeks. (Id.) Yoder noted that he was hostile about a multitude of perceived injustices and that it was his view that the only way to respond to these injustices was to act out. (Id.)

         Between 1:00 p.m. and 2:00 p.m. on May 20, 2014, Brown, a mental healthcare worker, met with Mayweather-Brown while he was on level-two suicide watch. (ECF 212-3 at 425.) Brown reported that he had been making superficial cuts to his left arm using a piece of plaster he picked off his cell wall. (Id.) He believed that he was being treated unfairly because he was only allowed to have the safety smock and safety blanket in his cell with him. (Id.) However, he admitted that he tore the smock before it was taken away from him. (Id.) Mayweather-Brown also threw his lunch tray at the wall and urinated on the floor of his cell. (Id. at 425.) He then requested a clean cell and a blanket. Id. He was told that he would need to remain calm for a period before jail officers would move him to another cell. (Id.) He would also need to refrain from harming himself before he would be given a blanket. (Id.) At 2:15 p.m., Mayweather-Brown began making superficial cuts to his neck and stated that he wanted to bleed everywhere. (Id. at 425, 428-29.) Nursing staff noted he had superficial scratches to his neck but none of them were actively bleeding. (Id. at 428.) Three hours later at 5:21 p.m., Mayweather-Brown called out ...


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