Opinion

JOHNSON v. JABKIEWICZ

Court
District Court, S.D. Indiana
Filed
Sep 28, 2020
Cited by
0 cases
Authority
More cited than 21.6%

describing "internal security" as "perhaps the most legitimate of penological goals"

How later courts described this case

  • describing "internal security" as "perhaps the most legitimate of penological goals"
  • constitutional rights as pretrial detainee derive from Due Process Clause of Fourteenth Amendment
  • recognizing a public employee’s Fourteenth Amendment right to confidentiality of medical information

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

CHRISTOPHER MICHAEL JOHNSON, )

)

Plaintiff, )

)

v. ) No. 1:19-cv-00056-JRS-MJD

)

JABKIEWICZ, )

)

Defendant. )

Entry Denying Plaintiff’s Motion for Summary Judgment, Granting Defendant's Cross-

Motion for Summary Judgment, and Directing Entry of Final Judgment

Plaintiff Christopher Michael Johnson brings this civil rights action pursuant to 42 U.S.C.

§ 1983, alleging that defendant Deputy Jabkiewicz violated his constitutional right to information

privacy by escorting nurses during medication rounds at the Marion County Jail and ordering him

to open his mouth to prove that he swallowed his medication. Presently pending before the Court

are the parties' cross-motions for summary judgment. Dkts. [47, 48]. For the reasons explained in

this Entry, Deputy Jackiewicz is entitled to summary judgment on Mr. Johnson's claim.

Accordingly, Mr. Johnson's motion for summary judgment, dkt. [47], is denied, and Deputy

Jabkiewicz's motion for summary judgment, dkt. [48], is granted.

I.

Summary Judgment Standard

A motion for summary judgment asks the Court to find that a trial is unnecessary because

there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment

as a matter of law. See Fed. R. Civ. P. 56(a). On summary judgment, a party must show the Court

what evidence it has that would convince a trier of fact to accept its version of the events. Gekas

v. Vasilades, 814 F.3d 890, 896 (7th Cir. 2016). The moving party is entitled to summary judgment

if no reasonable fact-finder could return a verdict for the non-moving party. Nelson v. Miller, 570

F.3d 868, 875 (7th Cir. 2009). To survive a motion for summary judgment, the non-moving party

must set forth specific, admissible evidence showing that there is a material issue for trial. Celotex

Corp. v. Catrett, 477 U.S. 317, 323 (1986).

The Court views the record in the light most favorable to the non-moving party and draws

all reasonable inferences in that party's favor. Valenti v. Lawson, 889 F.3d 427, 429 (7th Cir. 2018).

It cannot weigh evidence or make credibility determinations on summary judgment because those

tasks are left to the fact-finder. Miller v. Gonzalez, 761 F.3d 822, 827 (7th Cir. 2014). The Court

need only consider the cited materials, Fed. R. Civ. P. 56(c)(3), and need not "scour every inch of

the record" for evidence that is potentially relevant to the summary judgment motion before them.

Grant v. Tr. of Ind. Univ., 870 F.3d 562, 573-74 (7th Cir. 2017).

The existence of cross-motions for summary judgment does not imply that there are no

genuine issues of material fact. R.J. Corman Derailment Servs., LLC v. Int'l Union of Operating

Engineers, Local Union 150, AFL-CIO, 335 F.3d 643, 647 (7th Cir. 2003). The Court will consider

each party's motion individually to determine whether that party has satisfied the summary

judgment standard. Blow v. Bijora, Inc., 855 F.3d 793, 797 (7th Cir. 2017) (citing Celotex, 477

U.S. at 324).

II.

Factual Background

The facts supported by admissible evidence and viewed in the light most favorable to the

non-moving party are as follows. Mr. Johnson was involved in a shoot-out with the police on

December 13, 2017, and spent three weeks in the hospital before being transferred to the infirmary

of the Marion County Jail (the "Jail"). Id. at 5-6. Shortly after he arrived at the Jail, he was placed

in the infirmary wing with approximately 10 other inmates for about three weeks. Id. at 7-8.

Throughout his stay in the infirmary, Mr. Johnson periodically took medication. Id. When

Mr. Johnson was handed medication, deputies would stand at the door to the infirmary. Id. at 8-9.

Following Mr. Johnson's stay in the infirmary, he was placed in a medical block at the Jail. Id. The

Marion County Sheriff’s Office ("MCSO") requires deputies to escort nurses when they are

distributing medication. Dkt. 49-2 at 1; dkt. 49-3 at 1. The MCSO also requires deputies to remain

in the nurses’ presence to protect them while they distribute medication to inmates. Dkt. 49-2 at

1; dkt. 49-3 at 1. Deputies are not allowed to walk away from nurses when they are distributing

medication. Dkt. 49-2 at 1.

While Mr. Johnson was housed in the medical block, Deputy Jabkiewicz would escort

nurses to the medical block during medication rounds. Id. During those times, Mr. Johnson was in

an open area of the medical block where other inmates were standing nearby and outside of their

cells. Dkt. 49-1 at 11-12, 25. Mr. Johnson stood in line when waiting for his medication and then

approached the nurse when it was his turn to receive medication. Id. at 15. Mr. Johnson felt unable

to talk privately with the nurses about his concerns because Deputy Jabkiewicz was present during

these medication rounds. Id. at 18. Johnson submitted healthcare request forms when he had

medical concerns. Id. at 19-20.

Jail Commander Deputy Chief Tanesha Crear requires MCSO deputies "to view the inside

of an inmate's mouth to ensure the inmate has consumed the medication a nurse has provided the

inmate ... to ensure that medication is consumed by the person it is prescribed to when medication

is being distributed at the Jail." Dkt. 49-3 at 1. Deputy Jabkiewicz regularly checked the inside of

other inmates' mouths during medication rounds to confirm that they actually swallowed their

medication rather than hiding it. Dkt. 49-2 at 2. Inmates that hide medication inside their mouths

may endanger other inmates by selling their medication or endanger themselves by failing to take

necessary medication or saving the medications and overdosing on them. Id. Deputy Jabkiewicz

was the only person who asked to see the inside of Mr. Johnson's mouth during a medication round.

Dkt. 49-1 at 15. Deputy Jabkiewicz told Mr. Johnson that he asked to see the inside of his mouth

because a lot of inmates "cheek" their medication and do not take it. Id. Deputy Jabkiewicz also

told him that he asked to see the inside of his mouth because a lot of inmates abuse their

medication. Id.

On December 27, 2018, Mr. Johnson refused to show Deputy Jabkiewicz the inside of

his mouth during a medication round. Dkt. 49-2 at 2. After Johnson refused to open his mouth

during that medication round, an entire block of inmates was returned to their bunks because

other inmates became uncooperative and aggressive. Id. at 3. Following the incident, Johnson

filed a grievance concerning what happened. Id. When that grievance was investigated, Deputy

Jabkiewicz stated why he had asked to view the inside of Mr. Johnson’s mouth. Id. At the

conclusion of the investigation, Deputy Jabkiewicz was neither disciplined nor asked to stop

viewing the inside of Johnson’s mouth. Id.

III.

Deputy Jabkiewicz's Motion for Summary Judgment

Deputy Jabkiewicz has moved for summary judgment on the grounds that the undisputed

evidence shows that Mr. Johnson suffered no constitutional violation. He also argues that even if

a constitutional violation did occur, he is entitled to qualified immunity because the right to

information privacy when receiving medication is not a clearly established right. The Court will

address each argument in turn.

A. Mr. Johnson's § 1983 Claim

To state a claim under § 1983, a plaintiff must allege the violation of a right secured by the

Constitution or laws of the United States and must show that the alleged deprivation was

committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).

Section 1983 is not itself a source of substantive rights; instead it is a means for vindicating federal

rights elsewhere conferred. Ledford v. Sullivan, 105 F.3d 354, 356 (7th Cir. 1997) (citing Baker v.

McCollan, 443 U.S. 137, 144 n.3 (1979)). "[T]he first step in any [§ 1983] claim is to identify the

specific constitutional right infringed." Albright v. Oliver, 510 U.S. 266, 271 (1994).

Constitutional claims are to be addressed under the most applicable provision. See Conyers v.

Abitz, 416 F.3d 580, 586 (7th Cir. 2005).

Because Mr. Johnson was a pretrial detainee at the Jail at all times relevant to this action,

the Fourteenth Amendment governs his claim. See Kingsley v. Hendrickson, 576 U.S. 389, 398

(2015). Although the Seventh Circuit has not explicitly recognized the viability of any

constitutional medical privacy claim for inmates, see Franklin v. McCaughtry, 110 Fed. Appx.

715, 718 (7th Cir. 2004), any right to confidentiality or privacy Mr. Johnson has in his medical

treatment derives from the Fourteenth Amendment. See Mulvania v. Sheriff of Rock Island Cnty.,

850 F.3d 849, 855 (7th Cir. 2017) (constitutional rights as pretrial detainee derive from Due

Process Clause of Fourteenth Amendment); Denius v. Dunlap, 209 F.3d 944, 960 (7th Cir. 2000)

(recognizing a public employee’s Fourteenth Amendment right to confidentiality of medical

information).

The Fourteenth Amendment's Due Process Clause prohibits holding pretrial detainees in

conditions that "amount to punishment." Kingsley, 576 U.S. at 397. A pretrial detainee can prevail

by providing objective evidence that the challenged governmental action is not "rationally related

to a legitimate, nonpunitive governmental purpose" or that it is "excessive in relation to that

purpose." Id.; see also Hardesty v. Kinderman, 2020 WL 4472996, at *2 (S.D. Ind. Aug. 4, 2020).

"[P]rison administrators' interest in prison security and protecting medical staff" are legitimate,

non-punitive penological goals. Simpson v. Joseph, 248 Fed. Appx. 746, 747 (7th Cir. 2007); see

also Overton v. Bazetta, 539 U.S. 126, 133 (2003) (describing "internal security" as "perhaps the

most legitimate of penological goals"). Therefore, to establish that a constitutional violation

occurred, Mr. Johnson must show that Deputy Jabkiewicz's actions were either not rationally

related to the legitimate, non-punitive purpose of ensuring prison security and staff safety or were

excessive in relation to that purpose. See Kingsley, 576 U.S. at 398. In the context of information

privacy, the Seventh Circuit has explained that the "semi-public discussion" of an inmate's medical

conditions "would not transgress the constitutional right to information privacy insofar as that right

might extend to prisoners." Franklin, 110 Fed. Appx. at 718.

Here, the undisputed record shows that the purpose of Deputy Jabkiewicz's actions served

the legitimate, non-punitive purpose of maintaining institutional safety and order. Dkt. 49-2 at 2;

dkt. 49-3 at 1. Specifically, per the MCSO's policy, Deputy Jabkiewicz escorted nurses who were

distributing medication and remained in the room as they distributed the medication in order to

protect the nurses' physical safety. Dkt. 49-2 at 2; dkt. 49-3 at 1. Similarly, the undisputed evidence

shows that Deputy Jabkiewicz required inmates, including Mr. Johnson, to swallow their

medications in his presence for the purpose of preventing inmates from saving, selling, failing to

take, or otherwise abusing substances, which is a known safety risk in prisons. Dkt. 49-1 at 15;

49-2 at 2. Finally, to the extent that Mr. Johnson maintains that he could not privately discuss

medical concerns with his nurses while Deputy Jabkiewicz remained present during medical

rounds, the undisputed evidence shows that MCSO's policy still allowed inmates to communicate

privately with medical staff outside the hearing of MCSO deputies or other inmates via a medical

request form. Dkt. 49-1 at 19; dkt. 49-2 at 2. Other courts in this Circuit have found that policies

similar to the MCSO policies Deputy Jabkiewicz followed here are reasonably related to the

prison's legitimate objective of ensuring safety. See Eskridge v. Fuqua, 2012 WL 3913241, at *5

(C.D. Ill. Sept. 7, 2012) (holding that "requiring Plaintiff to take his medicines during med line

was reasonably related to the prison's legitimate goal in making sure that Plaintiff takes his

medicine"); Adell v. Hepp, 2015 WL 6680237, at *1 (E.D. Wis. Nov. 2, 2015) (finding no

constitutional violation when a guard stood nearby a medical exam room during the plaintiff's

appointments). In short, there is no evidence in the record to suggest that the MCSO's policy was

not rationally related or was excessive in relation to the purpose of ensuring prison security and

staff safety. Accordingly, no reasonable juror could find that a constitutional violation occurred.

Kingsley, 576 U.S. at 398; Simpson, 248 Fed. Appx. at 747.

In his briefs, Mr. Johnson does not respond to any of the legal arguments presented in

Deputy Jabkiewicz's brief and the factual assertions he makes are unsupported by citations to

admissible evidence, as is required of him at this stage. See Fed. R. Civ. P. 56(e); Local Rule 56-

1(e) and (h). Rather, he attempts to admit exhibits about other complaints against Deputy

Jabkiewicz that lack any relevance to his claim. See dkt. 53-1. He also attempts to admit an exhibit

discussing privacy rights under the Health Insurance Portability and Accountability Act

("HIPAA"), see dkt. 47-2, which is likewise irrelevant to his claim as neither the MCSO nor

Deputy Jabkiewicz are covered entities under HIPAA, and individuals have no private right of

action under HIPAA. See Carpenter v. Phillips, 418 Fed. Appx. 658, 659 (7th Cir. 2011); Corey

v. Jones, 2018 WL 659171 (S. D. Ind. February 1, 2018) ("To the extent Plaintiff is attempting to

raise a claim under HIPPA, this claim is meritless, as there is no private right of action under that

statute"). Accordingly, the Court does not find that Mr. Johnson has raised any triable issue of

fact that would preclude summary judgment.

Under these circumstances, there is no evidence from which a reasonable juror could

conclude that Deputy Jabkiewicz's actions were objectively unreasonable. Because there is no

admissible evidence showing that Deputy Jabkiewicz took any action against Mr. Johnson in a

manner that was not rationally related to the legitimate governmental objective of ensuring prison

security and personnel safety or was excessive in relation to that objective, Deputy Jabkiewicz is

entitled to judgment as a matter of law. Kingsley, 576 U.S. at 398. Therefore, the Court grants

his motion for summary judgment, dkt. [48].

B. Qualified Immunity Defense

Deputy Jabkiewicz also argues that to the extent Mr. Johnson's constitutional rights were

violated, he is entitled to qualified immunity. Dkt. 46 at 12-14; 51 at 1-3. Qualified immunity

protects government officials from liability for civil damages unless their conduct violates "clearly

established statutory or constitutional rights of which a reasonable person would have known."

Pearson v. Callahan, 555 U.S. 223, 231 (2009); see also Burritt v. Ditlefsen, 807 F.3d 239, 249

(7th Cir. 2015). Analysis of the qualified immunity defense requires a consideration of: (1)

whether the plaintiff's constitutional rights were violated and (2) whether the rights were clearly

established at the time. Saucier v. Katz, 533 U.S. 194, 201-02 (2001).

As the Court previously explained in its Screening Order, see dkt. [6], whether prisoners

have a clearly established right to information privacy in their prison treatment appears to be an

open question in the Seventh Circuit. See Massey v. Helman, 196 F.3d 727, 742 n.8 (7th Cir. 1999);

Anderson v. Romero, 72 F.3d 518, 522-23 (7th Cir. 1995). However, the Court does not reach that

question in this case. For the reasons addressed above, there was no constitutional violation, see

Jackson v. Parker, 627 F.3d 634, 635 (7th Cir. 2010); Suarez v. Town of Ogden Dunes, 581 F.3d

591, 595 (7th Cir. 2009), so a qualified immunity defense is not necessary. Much v. Vill. of Oak

Brook, 650 F.3d 1053, 1057-58 (7th Cir. 2011). Accordingly, the Court need not address Deputy

Jabkiewicz's arguments concerning this defense.

IV.

Mr. Johnson's Motion for Summary Judgment

For the same reasons detailed above that Deputy Jabkiewicz is entitled to summary

judgment, Mr. Johnson is not. Accordingly, Mr. Johnson's motion for summary judgment, dkt.

[47], is denied.

V.

Conclusion

For the reasons stated above, the plaintiff's motion for summary judgment, dkt. [47] is

denied, and defendant's motion for summary judgment, dkt. [48], is granted. Final judgment

consistent with this Order shall now issue.

IT IS SO ORDERED.

Date: _ 9/28/2020

JAMES R. SWEENEY II, JUDGE

United States District Court

Southern District of Indiana

Distribution:

CHRISTOPHER MICHAEL JOHNSON

795224

MARION COUNTY JAIL

MARION COUNTY JAIL

Inmate Mail/Parcels

40 South Alabama Street

Indianapolis, IN 46204

Traci Marie Cosby

OFFICE OF CORPORATION COUNSEL

tmcosby@widener.edu

Andrew J. Upchurch

OFFICE OF CORPORATION COUNSEL

andrew.upchurch@indy.gov

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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