Gabriel v. County of Herkimer
889 F. Supp. 2d 374
| N.D.N.Y. | 2012Background
- DiCamillo died in Herkimer County Jail after allegedly receiving improper medication administration and inadequate medical attention.
- Little Falls Hospital provided medical services per a 2006 contract; N.P. Macri and Dr. Handy operated under that arrangement.
- Gabriel, estate administrator, sues County of Herkimer, Sheriff Farber, Cpt. McGrail, Lt. Coddington, RN Urtz, RN Fullem, C.O. Ortlieb, C.O. Smith, and N.P. Macri for federal §1983 and state wrongful death claims.
- Disputed medication handling included an emergency narcotics supply, a mis-packaged Avinza dosage, and subsequent failures to assess and treat during June 29-30, 2006.
- New York State Commission of Correction found signs of medication overdose and lack of recognition of intoxication; OPD discipline followed; autopsy showed overdose-related death.
- Courts granted and denied various motions; issues include deliberate indifference, due process, qualified immunity, and municipal liability; main trial claims remain for Macri, Fullem, and Smith.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deliberate indifference against Macri under §1983 | Macri knew of extensive meds and failed to independently review | Macri followed policy and relied on verified meds | Material dispute; denial of summary judgment for Macri |
| Procedural due process claim by Gabriel | Gabriel had a protectable relationship and right to process | No cognizable property interest in relationship; derivative claims not cognizable | Due process claim dismissed |
| Municipal liability under Monell | County policy/custom caused denial of care (medical officer policy, staffing) | Policy causation not established by single incident | County liability not foreclosed; Monell claim survive in part |
| Qualified immunity for Fullem and Smith | Rights clearly established; defendants acted knowingly | Actions reasonable under jail policy | Qualified immunity denied; issues for trial |
| State wrongful death claim | Estates suffered pecuniary loss due to death | No proven pecuniary loss; conscious pain not recoverable | Summary judgment granted for all defendants on wrongful death |
Key Cases Cited
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard requires actual knowledge and disregard of substantial risk)
- Salahuddin v. Goord, 467 F.3d 263 (2d Cir. 2006) (serious medical need and deliberate indifference standard for detainees)
- Hathaway v. Coughlin, 99 F.3d 550 (2d Cir. 1996) (serious medical need and urgency standard/framework)
- Monell v. Dept. of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability for unconstitutional policies or practices)
- Kelsey v. City of N.Y., 306 Fed.Appx. 700 (2d Cir. 2009) (summary order on supervisory liability)