United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER
A. KIMBALL, UNITED STATES DISTRICT JUDGE.
matter is before the court on Defendant Logan Clark's
Motion to Dismiss Plaintiff's Amended Complaint [ECF
Docket No. 73]. On January 23, 2019, the court held a hearing
on the motion. At the hearing, Plaintiff Estate of Madison
Jody Jensen was represented by Ryan B. Hancey, and Defendant
Logan Clark was represented by Kathleen Abke. Counsel for
other Defendants were present and observed the proceedings.
After hearing argument, the court took the matter under
advisement. The court has carefully considered the memoranda
and other materials submitted by the parties, as well as the
law and facts relating to the motions. Now being fully
advised, the court issues the following Memorandum Decision
November 27, 2016, Jared Jensen called the Duchesne County
Sheriff's Office after an altercation with his
21-year-old daughter, Madison, because he had found what he
believed to be drug paraphernalia in Madison's room.
Corporal Jared Harrison of the Duchesne County Sheriff's
Office responded to the call and spoke to Jared and Madison.
Jared showed Harrison the drug paraphernalia.
told Harrison that she was “coming off” heroin
and had last used four days earlier. She stated that she had
gone to the hospital four days earlier and disposed of her
heroin supply that day. Madison admitted that she had been
using heroin daily for approximately eighteen months. She
also admitted to smoking marijuana a few days earlier.
arrested Madison for internal possession of drugs and
possession of drug paraphernalia and transported her to the
Duchesne County Jail. Madison was booked into the Duchesne
County Jail at 1:34pm on Sunday, November 27, 2016. During
the booking process, Madison filled out an inmate mental
health questionnaire where she disclosed that she suffered
from anxiety and depression for which she was prescribed
Wellbutrin. Madison also noted that she was taking tramadol
for pain and clonidine for high blood pressure. Harrison
brought some of Madison's medications, including
tramadol, Wellbutrin, and clonidine to the jail with Madison.
Madison also reported a history of using various illegal
was placed in the Jail's “H Block, ” in a
cell with another woman who was also withdrawing from
opiates. Madison soon began vomiting. She continued to vomit
and suffer from diarrhea throughout the day and into the
night. On Monday, November 28, 2016, she continued to feel
ill and did not eat her meals. The Jail staff provided
Madison with a cup for water, but she was unable to keep the
water down. Madison's cell mate and Madison used the call
button in their cell to notify Jail staff several times that
Madison was ill and vomiting. The Jail staff responded that
they were aware that Madison was ill but they did not provide
any assistance or medical care.
time, Duchesne County employed a jail nurse, Jana Clyde, who
was responsible for overseeing the health and safety of the
jail inmates and ensuring they received appropriate and
necessary care and treatment. In addition to the jail nurse,
Duchesne County contracted with an independent medical
doctor, Dr. Kennon Tubbs, to administer the medical needs of
inmates at the Jail. Dr. Tubbs' contractual duties
included meeting with sick inmates at the Jail once a week,
being available to jail staff at any time for medical
consultation and triage, and providing training, instruction,
support, and supervision to Jail nursing staff in connection
with the medical needs of inmates. Dr. Tubbs subcontracted
with physician assistant, Logan Clark. Clark's duties
included the duties of Dr. Tubbs as delegated by Dr. Tubbs
pursuant to contract.
November 28, 2016, around 6:00 p.m., Madison was able to
leave her cell to take a shower. The following day, Madison
continued to vomit, stayed in bed, and did not eat her meals.
Madison's cell mate used the call button to notify the
Jail staff that Madison was still vomiting and needed medical
point before December 1, 2016, Madison filled out a medical
request form provided by the jail indicating that she had
been “puking for 4 days straight, runs, diarrhea,
can't hold anything down not even water.” She also
wrote, “I know my body and it is not detoxing I am
completely detoxed. My roommate caught the stomach bug from
me.” The Jail, however, did not provide Madison with
any medical care or treatment.
before 1:00 p.m. on Thursday, December 1, 2016, Madison
vomited a brown liquid substance. Shortly, thereafter, she
had a seizure-like episode which caused her to roll off her
cell bed and onto the floor. At 1:28 p.m., Physician's
Assistant Clark and Nurse Clyde found Madison deceased in her
estate filed the present lawsuit under 42 U.S.C. § 1983,
alleging a cause of action for deliberate indifference to
Madison's serious medical needs against Duchesne County,
Duchesne County Sheriff David Boren, Corporal Jared Harrison,
Duchesne County Jail Commander Jason Curry, Officer Jeremy
Curry, Jail Nurse Jana Clyde, Physician's Assistant Logan
Clark and Dr. Kennon Tubbs.