Brooks v. Macomb, County of
5:13-cv-15082
E.D. Mich.May 28, 2015Background
- Plaintiff Jody Brooks, a former Macomb County Jail inmate, sued Macomb County and Dr. Marcella Clark under 42 U.S.C. § 1983 (Eighth Amendment) and Title II of the ADA for alleged deliberate indifference and failure to accommodate related to obesity, degenerative disc disease, arthritis, and Crohn’s disease.
- Brooks was housed in the jail medical unit (mostly 23 hours/day), received initial nursing intake, and saw Dr. Clark on October 2, 2012; Dr. Clark prescribed NSAID recommendations for back pain and later prescribed Azulfidine, Pentasa, and Prednisone for Crohn’s disease and ordered a low-residue/low-fiber diet.
- Brooks contends she was taken off narcotic pain meds without adequate alternatives, denied a second mattress, provided a cracked raised toilet seat and no adequate shower accommodation, and denied the fresh-fruit/vegetable diet she requested.
- Medical records show Brooks refused some prescribed medications and refused release of outside medical records; nurses documented rectal bleeding, and Dr. Clark adjusted treatment (including prednisone) with bleeding resolving by January 2013.
- Jail officials had policies to provide privacy screens and to offer medical diets and accommodations when notified; the record shows Brooks did not consistently complain or seek additional care after initial encounters, and many disputed facts contradicted her later affidavit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deliberate indifference to back pain by Dr. Clark (removal of narcotics, denial of second mattress) | Dr. Clark withdrew narcotics and refused a second mattress, causing ongoing pain | Dr. Clark provided non-narcotic alternatives (NSAID), exercised medical judgment, and Brooks did not inform Dr. Clark of continued pain | Court: No deliberate indifference; medical judgment and lack of notice defeat claim |
| Deliberate indifference to Crohn’s disease treatment by Dr. Clark (failure to prescribe Asacol, diet) | Dr. Clark failed to provide Brooks’s prior medication and requested fresh foods | Dr. Clark prescribed alternative mesalamine (Pentasa), prednisone, and a low-residue diet reasonable for Crohn’s; Brooks refused meds and refused release of records | Court: No deliberate indifference; treatment not so inadequate as to violate Eighth Amendment |
| Monell liability for Macomb County (policy/custom caused unconstitutional medical care) | County had policies/customs that denied chronic pain treatment and failed to provide accommodations (beds, toilets, showers, diet) | County lacked notice of Brooks’s needs; no municipal policy caused constitutional harm; staff provided accommodations when aware | Court: No municipal liability; Brooks failed to show officials knew of and disregarded a substantial risk |
| ADA Title II failure-to-accommodate claim against County | County failed to provide accessible bed/toilet/shower and reasonable accommodations | Brooks did not request accommodations or notify staff that provided accommodations were inadequate; disabilities were not obvious | Court: ADA claim fails for lack of notice/request and no evidence accommodations were denied |
Key Cases Cited
- Miller v. Calhoun Cnty., 408 F.3d 803 (6th Cir. 2005) (deliberate indifference standard in prison medical cases)
- Estelle v. Gamble, 429 U.S. 97 (1976) (Eighth Amendment deliberate indifference to serious medical needs)
- Farmer v. Brennan, 511 U.S. 825 (1994) (subjective knowledge and deliberate indifference standard)
- Alspaugh v. McConnell, 643 F.3d 162 (6th Cir. 2011) (distinguishing inadequate treatment from no treatment)
- Monell v. New York City Dept. of Social Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom causing constitutional injury)
- City of Los Angeles v. Heller, 475 U.S. 796 (1986) (municipal liability requires an underlying constitutional violation by employees)
- Rodgers v. Jabe, 43 F.3d 1082 (6th Cir. 1995) (conditions-of-confinement and recreation time analysis)
- Wilson v. Seiter, 501 U.S. 294 (1991) (objective prong for conditions-of-confinement claims)