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Francisco v. Corizon Health, Inc.

United States District Court, E.D. Missouri, Eastern Division

March 22, 2018

ANNE FRANCISCO, et al., Plaintiffs,
v.
CORIZON HEALTH, INC., et al, Defendants,

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendants Griffin and Rhodes' Motion to Dismiss, [Doc. No. 6] and Defendant Villmer's Motion to Dismiss, [Doc. No. 18]. Plaintiff opposes the Motions. For the reasons set forth below, the Motions are denied.

         Facts and Background [1]

         Plaintiffs' Complaint alleges the following:

Thomas Villmer was at all relevant times the Warden of the Farmington Correctional Center in which Joshua Francisco was incarcerated. Defendant was at all relevant times the chief policy maker of the Farmington Correctional Center in which Joshua Francisco was incarcerated. No. later than October 7, 2014, Defendant Villmer received notice at a forced medication hearing for Joshua Francisco that he was suicidal and that staff recommended moving Francisco to the Social Rehabilitation Unit (SRU).

         Defendant Gregory Rhodes was at all relevant times the Functional Unit Manager (FUM), responsible for supervision of the area of the Farmington Correctional Center in which Joshua Francisco was incarcerated. Defendant had notice that Joshua Francisco was suicidal prior to the completed suicide.

         Defendant Michael Griffin was at all relevant times a correctional officer in the area of the Farmington Correctional Center in which Joshua Francisco was incarcerated. Defendant had notice that Joshua Francisco was suicidal prior to the completed suicide.

         At all relevant times Defendants, and each of them, acted under color of law, in the performance of official duties, by virtue of their authority as employees or agents of the Missouri Department of Corrections, and are sued in their individual capacities.

         At all relevant times, Defendants conduct was not objectively reasonable in that Defendants knew or should have known that each were violating and did violate Joshua Francisco's clearly established constitutional rights

         On January 10, 2011, Allison Francisco, Joshua Francisco's wife at the time, obtained a Judgment for a full Order of Protection that did not permit Joshua Francisco to abuse, stalk, molest, or communicate with Allison Francisco, No. 10SL-PN03967.

         On May 16, 2011, Joshua Francisco plead guilty to three counts of misdemeanor violations of an Order of Protection, and was given a 12 month sentence, suspended execution. No. 10SL-CR09074.

         On May 16, 2011, Joshua Francisco plead guilty to three felony counts of aggravated stalking, by parking outside his then wife's residence, had another person call his wife two times, sent her three emails, confronted her at a nail salon, and tried to call her collect. He was given a three-year sentence, suspended execution. He also plead guilty to two counts of misdemeanor violations of the Order of Protection, and was given two years supervised probation. No. 10SL-CR09509.01.

         On February 29, 2012, a Judgment dissolving the marriage of Joshua and Allison Francisco was granted. Allison was given sole custody of their child A. F., Joshua was granted supervised visitation, and Joshua was ordered to pay child support.

         On March 2013, Joshua Francisco was arrested and detained in the St. Louis County Jail. He was transferred to the Metropolitan Psychiatric Center (MPC).

         In June 2013, while at MPC, Joshua Francisco attempted to call his ex-wife from the hospital telephone because he thought he was going to die and wanted to talk to his daughter.

         On or about June 26, 2014, the St. Louis County Circuit Court revoked Joshua Francisco's probation and sentenced him to three years in prison, No. 10SL-CR09509-01, and he plead guilty to one count of aggravated stalking, No. 13SL-CR05959-01.

         On July 2, 2014, Joshua Francisco was received in the Eastern Diagnostic, Reception and Correctional Center (ERDCC) “on high suicide risk” intervention status from the St. Louis County jail. St. Louis County reported that Francisco had “schizophrenia (rule out), anxiety, bipolar affective disorder (rule out), … psychosis, … suicidal intent” and that he was on Risperidone, an anti-psychotic, and benzotropine mesylate for tremors. The intake at ERDCC noted that Francisco had a previous suicide attempt. A Suicide Intervention Report stated that a suicide smock was allowed for Francisco.

         On July 2, 2014, Dr. Lindsey, a psychologist at ERDCC, placed Joshua Francisco on suicide watch and he was prescribed Zyprexa, an anti-psychotic medication. On or about July 7, 2014, Joshua Francisco was removed from suicide watch.

         On July 22, 2014, Joshua Francisco was transferred to the Farmington Correctional Center.

         On July 30, 2014, a Qualified Mental Health Professional (QMHP) conducted an initial evaluation of Francisco in segregation. Joshua told her about his suicide attempt in 2011. It was noted from previous records that Joshua had stated that he was a "visionary of God, that he was Jesus and that the doctors and the government are trying to control his mind." On July 31, 2014, Joshua Francisco was examined by Dr. Moses Ambilichu who noted paranoia and diagnosed schizoaffective disorder, bipolar type. Dr. Ambilichu considered administering involuntary medications.

         On August 12, 2014, Joshua Francisco was evaluated by Dr. Rajendra Gupta. Francisco stated “I want somebody to put me to sleep. I am miserable." Dr. Gupta prescribed Perphenizine (an anti-psychotic), Trilafon (for schizophrenia) and Benztropine (tremors).

         On August 22, 2014, custody staff reported to a QMHP that Francisco was in front of a medical unit walking around in circles saying he was going to die. He was placed on suicide watch status with a suicide smock.

         On August 26, 2014, Dr. Marion McIntyre released Francisco from suicide watch to be returned to his assigned housing unit.

         On August 27, 2014, QMHP Copp (Hahn) noted Francisco believed he had a blood disease from being injected with medications, became agitated and said “I'm f**** sick!” He asked to be euthanized stating that it was "better than this hell hole." He said his health was destroyed, that she might as well let him sleep.

         On August 28, 2014, Francisco was again placed on suicide watch with a suicide smock. He was seen by Chris Rydeen who noted Francisco told his cellmate that he was going to jump off of the top walk in the housing unit.

         On August 29, 2014, Francisco admitted to Dr. McIntyre that he had been asking if jumping off the top walk would be lethal. Francisco believed that he had been poisoned and admitted to thinking about self-harm the night before. He was continued on suicide watch status.

         On August 30, 2014, Francisco told Dr. McIntyre that he was miserable and thinking about self-harm.

         On September 3, 2014, Dr. McIntyre removed Francisco from suicide watch status because she said he had no thoughts of self-harm for 24 hours. Later that day Francisco was again placed on suicide watch by Dr. Ambilichu for cutting himself with a broken light bulb. He was assessed as severely psychotic, had delusional thoughts and was not in touch with reality. He stated that he deserved to die. It was noted he had not been eating or sleeping. Suicidal ideations were noted. Dr. Ambilichu said that he would pursue an involuntary medication hearing for injections of Haldol. Francisco was placed in a suicide smock.

         On September 5, 2014, Dr. McIntyre noted Francisco said he wanted to die and his life is in shambles. He refused to take medication.

         On September 6, 2014, Dr. McIntyre noted Francisco said he is dealing with a disaster, his life. He wished he ...


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