Opinion

Hall v. Masters

Court
District Court, M.D. Florida
Filed
May 29, 2024
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

WENDALL HALL,

Plaintiff,

v. Case No.: 2:22-cv-530-SPC-KCD

MALINDA MASTERS,

Defendant.

/

OPINION AND ORDER

Before the Court are Defendant Malinda Masters’ Motion for Summary

Judgment (Doc. 48), Plaintiff Wendall Hall’s Response (Doc. 52), and the

summary judgment evidence presented by both parties.

Background

Hall is an involuntarily committed resident of the Florida Civil

Commitment Center (FCCC). Masters is the FCCC’s former facility

administrator, a position now held by Jon Carner. In his complaint, Hall

alleges that on August 24, 2022, the water from the sink in his room smelled

and tasted foul, and that when he drank the water it immediately caused

cramps, pain, vomiting, diarrhea, migraine headaches, and severe mental

anguish. Hall asks the Court to award him $5 million in damages, an

injunction ordering Masters to provide him bottled water, and closure of the

FCCC. Masters moves for summary judgment.

The FCCC is on the DeSoto County water system. DeSoto tests the water

at FCCC monthly and in the past has notified the facility administrator if there

were any issues with the results. (Doc. 48-4 at 2). The FCCC also has the

water tested annually by an independent company, Sanders Laboratories.

Sanders found no abnormal issues with the water from 2019-2022—they

collected the water samples for the 2022 test on September 8, 2022. (Id. at 3).

Masters testifies she drank the water at FCCC routinely and it tasted good

and had no odor. (Doc. 48-5 at 3). Carner and another FCCC employee named

Tyre Thomas also testify they drink the water and consider it safe. (Doc. 48-4

at 3-4; Doc. 48-6 at 2).

Hall states in his declaration that Masters, Carner, and Thomas never

drink the water at FCCC. (Doc. 52-1 at 8). He also describes the water from

August 24, 2022, to the present as brown, dirty, unclean, foul in taste and

smell, and contaminated with rust, lead, sulfur, and other harmful substances.

(Id. at 4). Hall does not state how he knows what chemicals are in the water,

except that he can smell sulfur. He claims that when he drank the water on

August 24, 2022, it immediately caused him illness, diarrhea, vomiting,

bloating, cramps, migraine headaches, neurological disease, neuropathological

or neuromuscular disease, severe mental anguish, and depression. (Id. at 3).

Hall attempts to refute Masters’ evidence about the water quality at

FCCC with papers that have no apparent relevance to this case, including a

page from a lab report on the water at DeSoto Correctional Institution and two

pages from a Pace Analytical laboratory report of unknown provenance. (Id.

at 15-16, 18). He also submitted a page from a website called Tapsafe that

states the water in Arcadia, Florida is safe to drink. (Id. at 19-22). Finally,

Hall submits information from various sources about a military airfield that

once sat on or near the current site of the FCCC. (Id. at 23-39). Hall speculates

the military contaminated the groundwater, causing the cancer deaths of 50 or

more FCCC residents. (Id. at 7). Hall does not submit any evidence that

Masters ever provided him groundwater from the area around the FCCC

rather than water from the DeSoto County water system.

Some facts from August 24, 2022, are unrefuted. Several FCCC

residents reported the water appeared darker than normal. (Doc. 48-4 at 3).

Hall submitted a resident communication form claiming the water was

contaminated with sulfur and bacteria. (Doc. 52-1 at 9). The staff distributed

bottled water to the residents. (Doc. 48-4 at 4). A staff member contacted the

county and learned the county added chlorine to the water while changing out

water tanks, but the water was safe to drink. (Id.). FCCC staff posted a memo

from Masters in each dorm explaining that while the water was discolored, it

was safe to drink and would return to normal the next day. (Id. at 4, 9).

Hall claims the water at FCCC has caused him a myriad of health

problems, but there is no evidence he has ever been diagnosed with any

medical issues relating to the water at FCCC. Antoria Blanding, FCCC’s

Health Services Administrator, reviewed Hall’s medical chart and submitted

an affidavit. On July 8, 2022, Hall saw a nurse practitioner and was diagnosed

with constipation and questionable polyps versus internal hemorrhoids and

told to return if his condition worsened. (Doc. 48-7 at 3; Doc. 48-9). Hall saw

a doctor at DeSoto County Hospital on August 19, 2022, and complained of

chronic abdominal pain with diarrhea. (Doc. 48-10). The doctor recommended

a colonoscopy, which was later scheduled. (Doc. 48-10). In a pre-op

appointment on August 26, 2022, Hall reported blood in his stool, abdominal

pain, and a history of colon polyps and gastroesophageal reflux disease. (Doc.

48-11).

On September 8, 2022, Hall saw Nurse Practitioner C. Reilly after

reporting in a sick call that he had diarrhea and cramps from drinking the

water. When Reilly told Hall the water incident was over two weeks earlier

and lasted maybe one or two days, Hall said the water affected him because he

is allergic to Sulfa, an antibiotic. Reilly explained that something in the water

that smells like sulfur is not the same as the medication Sulfa. Reilly

diagnosed unlikely gastroenteritis and gave Hall a cup for a stool sample. (Doc.

48-13). Hall underwent a colonoscopy on September 15, 2022, which revealed

internal hemorrhoids. (Doc. 48-14). Hall saw Nurse Reilly again on October

14, 2022, and complained of cramps and diarrhea—cultures from the stool

sample were negative. (Doc. 48-15).

Legal Standard

Summary judgment is appropriate only when the Court is satisfied that

“there is no genuine issue as to any material fact” and the moving party is

entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). The initial

burden falls on the movant, who must identify the portions of the record “which

it believes demonstrate the absence of a genuine issue of material fact.” Celotex

Corp. v. Catrett, 477 U.S. 317, 323 (1986). A genuine issue of material fact

exists if “the evidence is such that a reasonable jury could return a verdict for

the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248

(1986). To defeat summary judgment, the non-movant must “go beyond the

pleadings, and present affirmative evidence to show that a genuine issue of

material facts exists.” Porter v. Ray, 461 F.3d 1315, 1320 (11th Cir. 2006).

In reviewing a motion for summary judgment, the Court views the

evidence and all reasonable inferences drawn from it in the light most

favorable to the non-movant. See Battle v. Bd. of Regents, 468 F.3d 755, 759

(11th Cir. 2006). But “[a] court need not permit a case to go to a jury…when

the inferences that are drawn from the evidence, and upon which the non-

movant relies, are ‘implausible.’” Mize v. Jefferson City Bd. of Educ., 93 F.3d

739, 743 (11th Cir. 1996). If the moving party demonstrates entitlement to

judgment as a matter of law, the non-moving party must establish each

essential element to that party’s case. Howard v. BP Oil Co., Inc., 32 F.3d 520,

524 (1994).

Hall files his Complaint under 42 U.S.C. § 1983. To state a § 1983 claim,

a plaintiff must allege that (1) the defendant deprived him of a right secured

under the Constitution or federal law, and (2) the deprivation occurred under

color of state law. Bingham v. Thomas, 654 F.3d 1171, 1175 (11th Cir. 2011)

(citing Arrington v. Cobb Cty., 139 F.3d 865, 872 (11th Cir. 1998)). In addition,

a plaintiff must allege and establish an affirmative causal connection between

the defendant’s conduct and the constitutional deprivation. Marsh v. Butler

Cty., Ala., 268 F.3d 1014, 1059 (11th Cir. 2001).

Discussion

Because Hall is a civil detainee, his claims arise under the Fourteenth

Amendment rather than the Eighth Amendment. But “the standard for

providing basic human needs to those incarcerated or in detention is the same

under both the Eighth and Fourteenth Amendments, and it makes no

difference whether [the plaintiff] was a…detainee or a convicted prisoner

because the applicable standard is the same, so decisional law involving prison

inmates applies equally to cases involving…detainees.” Keith v. DeKalb Cty.,

Ga., 749 F.3d 1034, 1044 n.35 (11th Cir. 2014) (cleaned up).

Courts apply a two-part analysis to challenges to conditions of

confinement. A plaintiff must establish an objective component and a

subjective component. “Under the objective component, the detainee must

prove that the conditions are sufficiently serious to violate the Eighth

Amendment: that is, he must show that ‘extreme’ conditions created an

unreasonable risk—one that society chooses not to tolerate—of serious

damages to the detainee’s future health or safety.” Ellis v. Pierce Cty., Ga., 415

F. App’x 215, 217 (11th Cir. 2011) (cleaned up). Under the subjective

component, the detainee must show deliberate indifference, which has three

components: “(1) subjective knowledge of a risk of serious harm; (2) disregard

of that risk; (3) by conduct that is more than mere negligence.” Bingham v.

Thomas, 654 F.3d 1171, 1176 (11th Cir. 2011) (internal quotations and citation

omitted). The defendant “must both be aware of facts from which the inference

could be drawn that a substantial risk of serious harm exists, and he must also

draw the inference.” Saunders v. Sheriff of Brevard Cty., 735 F. App’x 559, 564

(11th Cir. 2018) (internal quotation and citation omitted).

Masters challenges Hall’s ability to prove the objective component, the

subjective component, and causation. As for the objective element, the parties

have submitted competing testimony about the appearance, taste, and smell of

the water at FCCC. Carner purported to attach the 2022 report from Sanders

Laboratories, but he attached the invoice instead, which does not include the

results of the testing. The condition of the water at FCCC—and thus the

objective component of Hall’s claim—remains in dispute.

Masters does establish her burden of proof on the subjective element. It

is undisputed that the water at FCCC comes from the DeSoto County water

system, and that the water is tested by the county once a month and Sanders

Laboratories once a year. Hall attempts to contest Masters’ testimony that she

routinely drank the water at FCCC, as well as Carner’s and Thomas’s

testimony that they still regularly drink the water. Hall claims he personally

witnessed that all three never drink the water. (Doc. 52-1 at 8). But it is not

plausible that Hall could observe every drink of water Masters, Carner, and

Thomas drink each day. He can only speculate, and “[c]ontentions based on

‘mere speculation and conjecture’ cannot defeat summary judgment.” Terrell

v. Sec’y, Dep’t of Veterans Affairs, 98 F.4th 1343, 1351 (11th Cir. 2024) (quoting

Cincinnati Ins. Co. v. Metro Props., Inc., 806 F.2d 1541, 1544 (11th Cir. 1986)).

Hall fails to contest that Masters received annual laboratory reports on

the water at FCCC and communicated with the county when questions about

water safety arose, and he fails to plausibly challenge Masters’ assertion that

she routinely drank the water. Thus, no reasonable jury could find that

Masters was subjectively aware of a risk of serious harm posed by drinking the

water at FCCC.

Hall also fails to establish causation. His claim that drinking the water

on August 24, 2022, “immediately” caused “ongoing severe diarrhea, ongoing

vomiting, bloating, cramps, migraine headaches, neurological disease,

neuropathological or neuromuscular disease, (nerves and muscle damages and

damage to the nervous system), severe mental anguish and depression” is not

plausible. (Doc. 52-1 at 3). Nor is it supported by any medical evidence. On

the contrary, Hall’s unrefuted medical records show that he suffered from

gastrointestinal issues long before August 24, 2022. And Hall presents no

verifying medical evidence to support his claim that drinking the water at

FCCC caused him harm. No reasonable jury could find that Hall has

established causation here.

Accordingly, it is now ORDERED:

Defendant Malinda Masters’ Motion for Summary Judgment (Doc. 48) is

GRANTED. This action is DISMISSED. The Clerk is DIRECTED to enter

judgment in favor of the defendant, terminate any pending motions and

deadlines, and close this case.

DONE and ORDERED in Fort Myers, Florida on May 29, 2024.

UNITED STATES DISTRICT JUDGE

SA: FTMP-1

Copies: All Parties of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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