United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY UNITED STATES DISTRICT JUDGE
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.
and Background 
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).
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.
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
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
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
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.
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.
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.
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
March 2013, Joshua Francisco was arrested and detained in the
St. Louis County Jail. He was transferred to the Metropolitan
Psychiatric Center (MPC).
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.
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.
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.
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.
22, 2014, Joshua Francisco was transferred to the Farmington
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.
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).
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.
August 26, 2014, Dr. Marion McIntyre released Francisco from
suicide watch to be returned to his assigned housing unit.
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.
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.
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.
August 30, 2014, Francisco told Dr. McIntyre that he was
miserable and thinking about self-harm.
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.
September 5, 2014, Dr. McIntyre noted Francisco said he
wanted to die and his life is in shambles. He refused to take
September 6, 2014, Dr. McIntyre noted Francisco said he is
dealing with a disaster, his life. He wished he ...