United States District Court, N.D. Iowa, Central Division
MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY
Leonard T. Strand, Chief Judge.
case is before me on a motion (Doc. No. 34) for summary
judgment filed by defendants Jennifer DeGroote, Karson Roose,
DeWayne Viet, Jason Johnson, Jennifer Becker and Butler
County, Iowa. Plaintiff Charles McManemy has filed a
resistance (Doc. No. 44) and defendants have replied (Doc.
No. 53). I find that oral argument is not necessary.
See N.D. Ia. L.R. 7(c).
commenced this action by filing a complaint (Doc. No. 2) on
March 16, 2017, and defendants answered, denying liability
and raising various affirmative defenses. Doc. Nos. 14, 15,
17. The complaint includes several constitutional claims
brought under 42 U.S.C. § 1983, as well as claims
brought under Iowa law against various state employees and
two Iowa counties. All of the claims arise from the events
that transpired during McManemy's March 18, 2015, arrest
by officers from Butler and Grundy County, Iowa, and his
subsequent period of incarceration in the Butler County jail
from March 18, 2015, to October 7, 2015. The following claims
are subject to the present motion:
Count V: Violation of Right to Due Process (§ 1983)
against Johnson, Roose, DeGroote and Viet.
Count VI: Violation of Right to Bodily Integrity (§
1983) against Johnson, Roose, DeGroote, Viet and Becker.
Count VII: Negligent Hiring, Training and Supervision (Iowa
law) against Johnson and Butler County.
Count IX: Negligence (Iowa Law) against Johnson, Roose,
DeGroote and Viet.
defendants filed their motion on March 12, 2018. After
receiving an extension of time to conclude discovery,
McManemy filed his resistance on May 14, 2018.
otherwise noted, the parties do not dispute the following
facts: On March 18, 2015, defendant Kirk Dolleslager, a law
enforcement officer with the Grundy County Sheriff's
Office, attempted to initiate a traffic stop on
McManemy.Doc. No. 2 at ¶¶ 14, 18. McManemy
did not immediately stop in response to Dolleslager's
signal, and other officers became involved. Defendant Kiley
Winterberg, a law enforcement officer with the Butler County
Sheriff's Office, attempted to deploy a spike strip in
front of McManemy's vehicle, but it went through the
windshield and struck or grazed McManemy's shoulder.
Id. at ¶¶ 6, 20. McManemy continued
driving for several miles, with multiple deputies from Grundy
and Butler Counties in pursuit. Id. at ¶ 21.
McManemy brought his vehicle to a stop in the middle of the
road on 320th St., west of Austinville, Iowa. Id.
McManemy laid down in the middle of the road with his arms
extended, presumably awaiting arrest. Id. at ¶
22. According to the complaint, at that point defendants
Dolleslager and Curt Lubben (another Butler County
Sheriff's deputy) then tased McManemy five times.
Id. at ¶¶ 24-28. Defendant Bruce Tierney
(another Butler County Sheriff's deputy) allegedly
arrived on the scene and kicked and kneed McManemy in the
face. Id. at ¶ 31. As a result of these alleged
acts, McManemy alleges he suffered injuries to his body as a
whole, including injuries to his face, right eye,
shoulder, legs and back. Id. at ¶ 34.
was booked into the Butler County Jail following his arrest.
Doc. No. 35-2 at 59-60. His weight was reported at 230
pounds. Id. at 59. He was medically screened by
staff upon booking, who noted nothing that suggested a need
for immediate medical attention. Id. at 57-58. The
screening form suggests that he was “roughed up”
and that he had a history of heart trouble. However, he
denied bleeding, pain and the need for emergency care.
Id. McManemy stated that he was uninjured. Doc. No.
51 at 9. The jailers took photographs of his injuries during
the booking process. Doc. No. 35-2 at 41 (discussing the
photographs of various injured body parts). Only photographs
of McManemy's face were submitted with the present
motion. While there may be slight swelling around his left
eye and eyebrow in the photo, it is difficult to see whether
there are any contusions, scrapes or bruises elsewhere on his
face. Id. at 52-55.
alleges that he was unconstitutionally denied or delayed
medical treatment for a variety of injuries and ailments,
resulting in long-term harm. He was incarcerated at Butler
County Jail for just under seven months. During that time, he
was seen by the jail nurse, defendant Becker, at least five
times (Id. at 89-90, 96, 98-99), and by external
physicians eight times. Id. at 61-65, 67-68, 71-88.
McManemy testified that he was always provided his prescribed
medications and that he received over-the-counter medications
when he asked for them. Id. at 42, 50. He testified
that every time he wished to see a health-care provider, he
was given the appropriate medical request form to fill out.
Id. at 43. There are no request forms in the record
that do not correspond to a visit by the Butler County nurse,
an external practitioner or-in one case-a subsequent
communication (as requested in the form) between Becker and
McManemy's psychiatrist regarding his medications.
alleges his left eye was seriously injured during the arrest
and there is little dispute he developed a mild black eye
shortly following admission to the jail. On March 24, 2015,
McManemy was seen by Becker for blurred vision in his left
eye. Id. at 89. Becker described a healing black
eye: “upper eye lid [was] ecchymotic with fading
purple/green coloration. Upper lid is slightly edematous and
left eyebrow is slightly edematous.” Id.,
see also Doc. No. 44-2 at 107 (Becker's
testimony that “he had some fading bruises, which is
what ecchymosis is, of the upper eyelid-on the left, that
would be-and slight swelling of his eyelid and his
eyebrow”). Becker recommended that McManemy take
ibuprofen to help with the pain. Doc. No. 35-2 at 89. She
stated that “nothing in [her] experience and [her]
education . . . would have made me believe he needed to be
checked again. He had a slightly swollen eye and a slightly
swollen eyebrow and some bruising.” Doc. No. 44-2 at
11, 2015, McManemy requested medical attention, circling the
“emergency” option on the jail's standard
form. Id. at 67. He described his symptoms as severe
head pain radiating from his left eye all throughout his
head, sensitivity to light, and eye twitching. Id.
Becker responded to the request for treatment the next day.
Doc. No. 35-2 at 90. Becker noted that McManemy's left
pupil was “round, equal and reactive to light, ”
and that there was no “redness of sclera or
conjunctiva.” Id. She recommended that he be
seen by an ophthalmologist, and an appointment was made for
two days later with Dr. Mauer. Id. Dr. Mauer
concluded that McManemy was suffering from a contusion
(bruise) and nodular episcleritis (inflammation) in his left
eye and prescribed Pred Forte drops. Id. at 74-75.
McManemy was directed to come back for a follow-up in one
month. Id. On June 7, 2015, McManemy filled out a
medical request form asking to return to Dr. Mauer.
returned to the ophthalmologist on July 7, 2015, where both
the contusion and the episcleritis were described as
improved. Id. at 78-79. McManemy was seen by the
ophthalmologist a final time on September 10, 2015,
describing symptoms of “floaters” in his left eye
(ongoing for two months), headache, and left eye pain.
Id. at 80. The ophthalmologist assessed
“vitreous opacities” in the left eye, which he
described as a new onset symptom. Id. Although the
ophthalmologist discussed the signs and symptoms of retinal
detachment with McManemy, he did not diagnose retinal
detachment during this examination. Id. at 81. No.
course of treatment was prescribed or recommended, but
McManemy was instructed to return in six months for a retina
check. Id. No further records were provided related
to McManemy's left eye, and it is unclear whether he has
sought further treatment for this condition. During his
January 4, 2018, deposition, McManemy testified that he still
has eye pain, vision loss, headaches and floaters.
Id. at 36. There is no medical documentation of
applied for mental health services through the jail on April
28, 2015. Id. at 47. He was first seen by a
psychiatrist, Dr. Antony, on May 13, 2015. Id. at
61-65. McManemy reported that his “anxiety is real high
. . . I have mood swings. In the morning I feel like punching
everyone [in the] face. I have racing thoughts.”
Id. at 64. Although McManemy testified that he had
never had mental health problems prior to his incarceration
in Butler County (Doc. No. 44-2 at 38), the medical records
indicate a history of such problems, including depression,
mood swings, impulse control issues, anxiety and insomnia.
Doc. No. 35-2 at 64. He had previously been on medication for
these issues while he was incarcerated, but it is unclear
whether he ever received treatment outside of jail.
Id. Dr. Antony diagnosed McManemy with bipolar and
anxiety disorder, and prescribed Depakote, Mirtazapine and
Remeron. Id. at 61-63, 65.
1, 2015, McManemy was seen by another psychiatrist, Dr. Jack,
who increased McManemy's Depakote dosage and added
Trazadone. Id. at 71-73. Dr. Antony saw McManemy
again on June 27, 2015, after he complained that his current
medications were not helping and that he was having racing
thoughts. Id. at 67-68. Dr. Antony added a
prescription for Seroquel to help with sleep disturbances.
Id. On July 3, 2015, McManemy filled out a medical
request form asking Becker to email his psychiatrist (Dr.
Antony) to adjust his medications. Doc. No. 44-2 at 49. Dr.
Antony did so via email on July 7, 2015, without an in-person
visit. Doc. No. 35-2 at 70. No. medical records have been
provided related to McManemy's mental health after that
July 7 interaction. However, McManemy contends that he still
experiences symptoms that he attributes to his time in the
Butler County jail.
Hypertension and Diabetes
27, 2015, McManemy reported that he thought his blood
pressure was high. His blood pressure was measured at 140/72
and it appears no further action was taken at that time.
Id. at 94. On June 18, 2015, McManemy requested
medical attention because his legs and feet were swollen.
Doc. No. 44-2 at 57. Becker saw McManemy the same day and
recommended that he be seen by a doctor. Id.
McManemy's blood pressure was recorded between 160/102
and 148/96. Id. An appointment was scheduled at
Peoples Community Health Clinic in Clarkesville, Iowa
(Peoples Clinic), for the following day. McManemy was
diagnosed with hypertension and instructed to reduce his
sodium intake and take in extra water during the day. Doc.
No. 35-2 at 82. His blood pressure was recorded at 140/82 and
he weighed 291.80 pounds. Id. McManemy was
instructed to return for a follow-up appointment in six
months and the ARNP suggested compression stockings to help
with the swelling in his legs. Id.
September 9, 2015, McManemy was seen again at Peoples Clinic
one day after requesting medical attention for his swollen
legs. Id. at 84-85, 98. The ARNP switched
McManemy's prescription to a different water pill to
address the swelling in his legs, and prescribed compression
stockings. Id. at 84. McManemy's blood pressure
had improved to 118/80, although he had continued to gain
weight. Id. He was advised that he needed to try to
keep his sodium intake down and drink plenty of
water. Id. McManemy testified that he
was prescribed a low sodium diet (Doc. No. 44-2 at 37) but
the two records from Peoples Clinic are the only
documentation of any dietary restrictions and they are not
prescriptions. The Butler County Jail's policy requires a
prescription for medical dietary modifications. Doc. No. 35-2
at 41. Johnson testified that the menu at the Butler County
Jail was regularly approved by a dietician and the menu was
re-certified in June 2015. Doc. No. 51 at 32-33, 35.
report dated September 8, 2015, indicates that McManemy's
blood sugar was flagged as high at that time. However, the
report does not include any analysis of the data and the
medical records from Peoples Clinic do not discuss the
possibility of a diabetes diagnosis. Doc. No. 35-2 at 87.
McManemy has provided no expert testimony to suggest that
either the jailers or the doctors should have recognized this
sole symptom as indicative of problems beyond hypertension.
admission to Oakdale in October 2015, McManemy was diagnosed
for the first time with Type 2 diabetes. At this point, he
weighed 309 pounds. Id. at 47. McManemy states he
was placed on a special diet when he was transferred to
Oakdale but at the time he was deposed in this case he had
been released and re-incarcerated at a jail in Bremer County,
and again at Oakdale, without receiving a special
diet. Id. at 49. The defendants allege
that McManemy caused or worsened his health problems by
voluntarily eating junk food, candy and soda from the
commissary, and by refusing opportunities to exercise. Doc.
Nos. 35-2 at 44; 51 at 38-39.
SUMMARY JUDGMENT STANDARDS
party may move for summary judgment regarding all or any part
of the claims asserted in a case. Fed.R.Civ.P. 56(a). Summary
judgment is appropriate when “the pleadings,
depositions, answers to interrogatories, and admissions on
file, together with the affidavits, if any, show that there
is no genuine issue as to any material fact and that the
moving party is ...