The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DALTON GUILLOT, at al. CIVIL ACTION
VERSUS NO. 20-1604
JEFFERSON PARISH SHERIFF SECTION: “G”(3)
JOSEPH P. LOPINTO, III, et al.
ORDER AND REASONS
Plaintiffs Dalton Guillot, Destiny Guillot, Evan Mauer, and Lindsey Margiotta on behalf
of minor children L.G. and R.G. (collectively, “Plaintiffs”) bring this litigation against Defendants
Jefferson Parish Sheriff Joseph P. Lopinto, III (“Sheriff Lopinto”), CorrectHealth Jefferson, LLC
(“CHJ”), and Ironshore Specialty Insurance Co. (“Ironshore) (collectively, “Defendants”) after
their father, Marshall Guillot, committed suicide while in custody at the Jefferson Parish
Correctional Center.1 Before the Court is CHJ and Ironshore’s (collectively, “Moving
Defendants”) “Motion to Dismiss.”2 Plaintiffs oppose the motion.3 Having considered the motion,
the memoranda in support and in opposition, the record, and the applicable law, the Court denies
the motion.
1 Rec. Doc. 1; Rec. Doc. 41.
2 Rec. Doc. 46.
3 Rec. Doc. 47.
1
I. Background
On June 3, 2020, Plaintiffs filed a complaint in this Court.4 Plaintiffs named Sheriff
Lopinto (the Sheriff of Jefferson Parish), CHJ (a limited liability company that provides medical
services to inmates of the Jefferson Parish Correctional Center), and Ironshore (a limited liability
company that issued a liability insurance policy to CHJ) as defendants.5 On July 31, 2020, CHJ
filed a motion to dismiss.6 On August 21, 2020, Ironshore filed a motion to dismiss.7 On March
31, 2021, the Court denied the motions to dismiss without prejudice.8 The Court found that
Plaintiffs had failed to state claims against CHJ and Ironshore for (i) inadequate medical care in
violation of the Fourteenth Amendment and (ii) intentional infliction of emotional distress.9 The
Court granted Plaintiffs leave to amend the complaint to address these deficiencies, if possible.10
On March 29, 2021, Plaintiffs filed an amended complaint.11
In the Amended Complaint, Plaintiffs allege that their father, Marshall Guillot (“Guillot”),
was arrested on May 26, 2019, and charged in the 24th Judicial District Court for the Parish of
Jefferson with unauthorized entry of an inhabited dwelling, home invasion, intimidating a witness,
domestic abuse battery, misdemeanor theft, misdemeanor criminal neglect of family, felony theft,
4 Rec. Doc. 1.
5 Id. at 3–4.
6 Rec. Doc. 11.
7 Rec. Doc. 17.
8 Rec. Doc. 37.
9 Id.
10 Id.
11 Rec. Doc. 41.
2
and misdemeanor disturbing the peace.12 According to the Amended Complaint, Guillot asserted
that he was innocent of all charges and was being framed by his girlfriend.13 Plaintiffs claim that
Guillot had an initial hearing on May 31, 2019, where his bail was set at $120,500.00.14 After the
initial hearing, Guillot was taken to the Jefferson Parish Correctional Center (“JPCC”).15 Plaintiffs
contend that Guillot was “very upset and crying” during this time.16
Plaintiffs allege that upon arrival at JPCC, Guillot was interviewed by Nicole Wadlington
(“Wadlington”) an employee of CHJ, who noted that Guillot “had a prior mental health history
including Post-traumatic Stress Disorder, Major Depression, and Anxiety.”17 Plaintiffs allege that
Wadlington also noted Guillot’s use of Effexor, a medication used to treat depression, and
requested Guillot’s medical records.18 Plaintiffs claim that a second CHJ employee, Crystal
Bradley (“Bradley”) then performed a physical examination of Guillot and despite finding that
Guillot’s “attitude, affect/mood, hallucinations, and homicidal/suicidal assessments were all
‘within normal limits,’” ordered a mental health appointment for Guillot “marked as high
priority.”19 Plaintiffs allege that a third CHJ employee, Juanita Alexander-Sallier (“Sallier”)
examined Guillot and “again noted Mr. Guillot’s history of Depression, Post-traumatic Stress
12 Id. at 4.
13 Id.
14 Id. at 4–5.
15 Id. at 5.
16 Id.
17 Id.
18 Id.
19 Id. at 5–6.
3
Disorder, and Anxiety” and “referred him to mental health.”20 Plaintiffs allege that on the same
day, Bradley set up another mental health appointment for Guillot, again marked as high priority,
but that the appointment was rescheduled several times.21 Plaintiffs further claim that Guillot was
not given his depression medication while incarcerated.22
Plaintiffs allege that Guillot was involved in a fight with another inmate on June 3, 2019.23
Plaintiffs claim that “[i]n spite of multiple employees acknowledging the urgency of the situation,”
Guillot was medically cleared to be put into isolated housing.24 Plaintiffs claim that Guillot was
put into isolated housing on June 4, 2019.25 Plaintiffs allege that the next day, June 5, 2019, Guillot
committed suicide by “hang[ing] himself from the window grate in his private cell, using a bed
sheet.”26
In the instant suit, Plaintiffs claim that Defendants failed to “properly assess [Guillot] as a
suicide risk, or even a potential risk, in spite of the fact that he presented at the jail informing them
of prior hospitalization for psychiatric needs, and a diagnosis of anxiety, major depression, and
Post Traumatic Stress Disorder (PTSD).”27 Plaintiffs allege that Defendants “exhibited a wanton
and reckless disregard for Mr. Guillot’s safety by placing him in a private cell without a cell mate,
20 Id. at 6.
21 Id.
22 Id. at 8–10.
23 Id. at 6.
24 Id.
25 Id.
26 Id.
27 Id. at 2.
4
and doing nothing to prevent his suicide.”28 Plaintiffs assert that Defendants knew that Guillot was
displaying “despair/hopelessness, great concern regarding ‘what will happen to [him],’
verbalization of a suicide plan, extreme restlessness exhibited by such behavior as continuous
pacing, depressed state indicated by crying or insomnia, and concerns over events with significant
others,” yet Defendants still “failed to classify him as an actively suicidal inmate.”29 Additionally,
according to the Amended Complaint, Guillot made several calls to his mother while detained at
JPCC.30 During one of the recorded phone calls, Plaintiffs allege that Guillot told his mother he
was having suicidal thoughts.31 Plaintiffs claim that Guillot’s phone calls to his mother were never
reviewed by CHJ, “even in spite of his obvious need [for] psychiatric care.”32
Moreover, Plaintiffs allege that Defendants were on notice of the possibility of inmates
committing suicide in isolated housing because three other inmates, Jerome Bell, Josh Belcher,
and Jatory Evans, had previously committed suicide in the same manner as Guillot in solitary cells
at JPCC between August and September 2017.33 Plaintiffs allege that following the three suicides,
Sheriff Lopinto “instituted an evaluation of the jail policies and procedures” and “requested an
internal evaluation,” which found that it was possible to change the makeup of the bars in the cells
to limit future suicide attempts.34 Plaintiffs allege that despite the numerous suicides and despite
28 Id.
29 Id. at 7–9, 11.
30 Id. at 7.
31 Id.
32 Id. at 12.
33 Id. at 7.
34 Id. at 10 (internal quotation marks omitted).
5
being advised to alter the window bars in the solitary cells, Defendants failed to replace the window
grates in the cells, failed to “monitor[] prisoners who are an obvious suicide risk,” and “made a
choice to place a prisoner who is clearly a self-proclaimed suicide risk in an area of the prison
where it is difficult for Defendants and their employees to see inside the cells.”35
Plaintiffs further claim that CHJ “has an established policy of deliberate indifference
towards suicidal and potentially suicidal inmates’ safety and providing necessary care.”36 Plaintiffs
allege that CHJ has only one social worker, and employs only one psychiatrist on staff who visits
JPCC one day per week.37 Plaintiffs claim that CHJ has a “known custom and policy of delegating
tasks to non-medical personnel that are only appropriate to be conducted by medical personnel.”38
Plaintiffs contend that the lack of mental health professionals present at JPCC violates CHJ’s own
Suicide Prevention Policy.39
Plaintiffs claim that CHJ’s actions also violated the standards set out by the National
Commission on Correctional Health Care (“NCCHC”), which CHJ adopted.40 Plaintiffs claim that
the NCCHC notified JPCC that it was not in compliance with several of its standards in 2017.41
Specifically, NCCHC highlighted JPCC’s failure to (1) review its policies for effectiveness; (2)
provide inmates with an initial health assessment within 3 days of admission the jail; and (3)
35 Id. at 7–11.
36 Id. at 12.
37 Id.
38 Id. at 14.
39 Id. at 12–13.
40 Id. at 14–15.
41 Id. at 15–17.
6
provide trained medical assistants, licensed practical nurses, or registered nurses for such
screening.42 Plaintiffs contend that Guillot was never screened by a qualified medical professional
and “never saw a doctor or psychiatrist and never had a mental health evaluation at all for the entire
9 days he was detained prior to his suicide.”43 Plaintiffs claim that CHJ has a similar “poor record
of prisoners in their care who commit suicides” at other jails for which CHJ provides medical
services.44
In the Amended Complaint, Plaintiffs bring two claims under 42 U.S.C. § 1983, alleging
that: (1) Defendants failed to manage, train, and supervise their staff and medical personnel at the
jail in violation of the Eighth and Fourteenth Amendments and (2) Defendants deprived Guillot of
adequate medical care in violation of the Fourteenth Amendment.45 Plaintiffs do not bring an
intentional infliction of emotional distress claim in the Amended Complaint.
On April 23, 2021, Moving Defendants filed the instant motion to dismiss.46 On April 27,
2021, Plaintiffs filed an opposition.47 On May 7, 2021, with leave of Court, Moving Defendants
filed a reply in further support of the motion to dismiss.48
42 Id.
43 Id. at 18.
44 Id. at 20–21.
45 Id. at 23–24.
46 Rec. Doc. 46.
47 Rec. Doc. 47.
48 Rec. Doc. 34.
7
II. Parties’ Arguments
A. Moving Defendants’ Arguments in Support of the Motion to Dismiss
Moving Defendants contend that Plaintiffs’ claims should be dismissed because Plaintiffs
have failed to state a claim against CHJ under Monell v. Department of Social Services.49 Moving
Defendants contend that to state a Monell claim successfully, Plaintiffs may bring an episodic acts
claim or a conditions of confinement claim, but for either Plaintiffs must show (i) that a
constitutional violation occurred and (ii) that a CHJ policy was the moving force behind the
violation.50 According to Moving Defendants, Plaintiffs have failed to show either.
1. Inadequate Medical Care Claim
First, Moving Defendants argue that Plaintiffs’ inadequate medical care claim should be
dismissed. Moving Defendants contend that Plaintiffs have not adequately alleged that CHJ
violated Guillot’s constitutional rights.51 Moving Defendants argue that to show a violation of
Guillot’s rights, Plaintiffs must “plead sufficient facts that show CHJ was deliberately indifferent
to [Guillot]’s medical needs.”52 Moving Defendants claim that Plaintiffs have failed to show
deliberate indifference because Guillot’s medical records “unequivocally rebut any contention of
deliberate indifference,” as such records show that Guillot was medically evaluated five times
during his ten days of incarceration at JPCC, was not assessed as a suicide risk, denied suicidal
ideations, and “never conveyed any information to CHJ employees that would have made CHJ
49 Rec. Doc. 46-1 (citing 436 U.S. 658, 691 (1978)).
50 Id. at 2.
51 Id.
52 Id.
8
aware he was having mental health complaints, needed to see a mental health provider stat, or was
a suicide risk.”53
Moreover, Moving Defendants argue that both an incorrect diagnosis and the failure to
provide Guillot with his medication, “absent signs of serious physical or psychological distress,”
does not establish deliberate indifference.54 Moving Defendants contend that Plaintiffs have not
provided any facts showing that Guillot asked for his medication or that CHJ knew Guillot was
considering suicide.55 Given that Plaintiffs have not shown a constitutional violation, Moving
Defendants contend that Plaintiffs’ Monell claims must be dismissed.56
Even if Plaintiffs have alleged a constitutional violation for inadequate medical care,
Moving Defendants argue that Plaintiffs have failed to meet the second prong of the Monell
analysis—showing that a custom, policy, or practice of CHJ was a moving force behind such
violation.57 Moving Defendants claim that Plaintiffs have provided only conclusory statements
that a widespread practice and policy of deliberate indifference existed, which is insufficient
without supporting facts.58 Moving Defendants argue that previous suicides at JPCC and other
jails are likewise insufficient to show a widespread practice of deliberate indifference.59 Moving
Defendants contend that Plaintiffs’ arguments surrounding Defendants’ alleged failure to follow a
53 Id. at 4–6.
54 Id. at 6–9.
55 Id. at 8–9.
56 Id. at 10.
57 Id. at 11.
58 Id.
59 Id. at 11–12.
9
policy show at most negligence by Defendants, not “moving force causation.”60 Moreover,
Moving Defendants contend that Plaintiffs’ arguments regarding Defendants’ alleged failure to
abide by the National Commission on Correctional Health Care standards are also insufficient to
show the required causation under Plaintiffs’ Monell claims.61
2. Failure to Train Claim
Next, Moving Defendants argue that Plaintiffs’ failure to train claim also fails under
Monell.62 To plead a failure to train claim successfully, Moving Defendants contend that Plaintiffs
must show that (i) CHJ failed to supervise or train staff; (ii) the failure to supervise or train caused
the alleged constitutional violation; and (iii) such failure constituted deliberate indifference.63
According to Moving Defendants, Plaintiffs have failed to adequately plead any of the three
required elements.64
First, Moving Defendants contend that Plaintiffs have not shown that CHJ failed to train
the staff members involved in caring for Guillot.65 Moving Defendants claim that there is no
constitutional requirement for custodial officials to have specific training.66 Instead, such officials
are only required to be trained to detect obvious medical needs.67 Moving Defendants argue that
60 Id. at 13.
61 Id. at 13–14.
62 Id. at 14.
63 Id. at 15.
64 Id.
65 Id.
66 Id. at 15–16.
67 Id.
10
Guillot’s medical records make clear that he denied having suicidal thoughts, never requested
treatment, and never indicated the need to see a medical professional.68 Second, Moving
Defendants argue that Plaintiffs have not adequately pleaded that any CHJ training policy caused
a violation of Guillot’s constitutional rights.69 Moving Defendants contend that Plaintiffs state
only conclusions that “lump all defendants together,” which are insufficient to state a claim.70
Third, Moving Defendants argue that Plaintiffs have not adequately pleaded that CHJ was
deliberately indifferent in “adopting its training policy.”71 According to Moving Defendants, to
show deliberate indifference, Plaintiffs must allege a pattern of similar constitutional violations or
meet the “single-incident exception.”72 Moving Defendants claim that Plaintiffs have failed to
plead either.73 Moving Defendants contend that Plaintiffs have failed to show a pattern of similar
constitutional violations by CHJ employees.74 Further, Moving Defendants argue that to meet the
“single-incident exception,” Guillot’s suicide must have been a “highly predictable consequence”
of CHJ’s failure to train, requiring a showing that CHJ failed to train its employees “concerning a
clear constitutional duty.”75 Moving Defendants contend that Plaintiffs have failed to allege facts
in support of this single-incident exception because there is no constitutional requirement for the
68 Id. at 16.
69 Id. at 17.
70 Id. at 17–18.
71 Id. at 19.
72 Id.
73 Id.
74 Id.
75 Id. at 20.
11
“implementation of adequate suicide policies” and because such exception is “reserved for cases
in which the government actor was provided no training whatsoever.”76
3. Additional Arguments in Support of the Motion
Outside of arguing in favor of dismissal of Plaintiffs’ Monell claims, Moving Defendants
make several additional arguments. First, Moving Defendants contend that although Plaintiffs
submitted a claim for intentional infliction of emotional distress in the Complaint, they failed to
include such claim in the Amended Complaint and the claim should therefore be dismissed.77 Next,
Moving Defendants argue that Plaintiffs cannot recover punitive damages under Section 1983, as
such damages are impermissible when sought from a municipality and because Plaintiffs’ suit
against CHJ is “simply another way of alleging municipal liability.”78 Finally, Moving Defendants
argue that Plaintiffs’ request for declaratory and injunctive relief should be dismissed as moot
because Guillot is no longer incarcerated.79
B. Plaintiffs’ Arguments in Opposition to the Motion to Dismiss
1. Inadequate Medical Care Claim
In opposition, Plaintiffs argue that they have sufficiently pleaded deliberate indifference to
give rise to a Monell claim.80 Plaintiffs claim that they have pleaded both a conditions of
confinement claim as well as an episodic acts claim.81 Plaintiffs contend that they “have expressly
76 Id. at 20–24.
77 Id. at 25.
78 Id. at 25–26.
79 Id. at 26.
80 Rec. Doc. 47 at 4.
81 Id.
12
pleaded that the delay/denial of mental health treatment and prescribed medication in accordance
with the Defendant’s proscribed policy, violated Mr. Guillot’s constitutional rights and ultimately
contributed to the cause of his death.”82 Plaintiffs point to their allegations of CHJ’s “ongoing
policy of untrained personnel conducting initial mental health assessments” and “policy of non-
conformity to the NCCHC self-adopted standards” as sufficient to state a Monell claim.83
Plaintiffs contend that CHJ acted with deliberate indifference because Guillot was denied
medical treatment, not simply provided “sub-standard treatment.”84 Plaintiffs claim that CHJ
employees were deliberately indifferent in refusing to provide Guillot with his depression
medication because they “either didn’t know of the risks of abrupt medication cessation due to
lack of training, or they deliberately disregarded the fact that Mr. Guillot was taking 150
milligrams of Effexor, and should have resumed his medication regimen upon admission.”85
Plaintiffs argue that despite Guillot “exhibiting signs of extreme psychological distress,”
he was denied his medication, in violation of his constitutional rights.86 Plaintiffs contend that
“[t]his [C]ourt can draw the inference that proper training would have resulted in CorrectHealth’s
staff initiating an immediate request to verify Mr. Guillot’s medication.”87 Plaintiffs argue that
82 Id.
83 Id.
84 Id. at 5–8.
85 Id. at 9.
86 Id. at 10.
87 Id.
13
CHJ had notice that Guillot was at risk of substantial harm as evidenced by CHJ referring Guillot
to mental health evaluations and marking him as “high priority.”88
2. Failure to Train Claim
Furthermore, Plaintiffs argue that they have properly alleged a Monell claim for failure to
train.89 Plaintiffs allege that CHJ permits non-qualified employees to determine whether an inmate
is at risk of suicide.90 Plaintiffs claim that CHJ employees did not even have the “minimal training”
required of custodial employees.91 Finally, Plaintiffs claim that they have adequately pleaded facts
that fall within the single incident exception.92
3. Response to Defendants’ Additional Arguments
Plaintiffs concede that the claim for intentional infliction of emotional distress asserted in
the original Complaint was intentionally omitted from the Amended Complaint and should be
dismissed.93 Plaintiffs further agree with Moving Defendants that any requests for punitive
damages and injunctive relief are moot and should be dismissed.94
88 Id. at 11.
89 Id. at 13.
90 Id.
91 Id. at 13–14.
92 Id. at 14.
93 Id. at 16.
94 Id.
14
C. Moving Defendants’ Arguments in Further Support of the Motion to Dismiss
1. Inadequate Medical Care Claim
In reply, Moving Defendants re-assert that Plaintiffs have not shown that a constitutional
violation occurred.95 Moving Defendants contend that Guillot had no right under the Constitution
to be screened for suicide upon booking at JPCC, nor a right to be evaluated by medical
professionals.96 Likewise, Moving Defendants argue that Plaintiffs have failed to allege deliberate
indifference because Guillot was seen by CHJ staff five times, denied suicidal thoughts, and did
not request treatment or medication.97 Therefore, Moving Defendants contend that Plaintiffs
cannot show that CHJ employees had subjective knowledge of a substantial risk of serious harm.98
Moving Defendants further highlight that although Plaintiffs allege that Guillot was exhibiting
signs of psychological distress, the Amended Complaint fails to allege that CHJ had knowledge of
Guillot’s actions and mental health.99 Moving Defendants contend that placement of Guillot in
solitary confinement did not violate his constitutional rights.100
Moving Defendants further argue that Plaintiffs have not shown that any CHJ policy or
practice was the moving force behind a constitutional violation.101 Moving Defendants claim that
standards set out by NCCHC do not “establish the constitutional minimum,” and claim that
95 Rec. Doc. 50 at 1.
96 Id. at 2.
97 Id. at 2–4.
98 Id.
99 Id. at 4.
100 Id. at 5–6.
101 Id. at 7.
15
Plaintiffs’ allegations regarding incidents at other facilities do not establish a policy or practice
relevant to Plaintiffs’ claims in the instant case.102
2. Failure to Train Claim
Moreover, Moving Defendants claim that Plaintiffs have not adequately pleaded a failure
to train claim.103 Moving Defendants argue that Plaintiffs have not shown that CHJ employed
inadequate training policies, nor that any training policy was a moving force behind a
constitutional violation, nor that CHJ was deliberately indifferent.104 Specifically as to the last
element, Moving Defendants claim that Plaintiffs have not shown a pattern of similar violations
by untrained employees or “availed themselves of the extremely narrow single-incident
exception.”105 Moving Defendants further argue that Plaintiffs’ arguments are inconsistent, as
Plaintiffs allege that CHJ employees were deficiently trained yet also allege that CHJ employees
were deliberately indifferent.106
Finally, Moving Defendants claim that Plaintiffs failed to plead a conditions of
confinement claim in the Amended Complaint, and cannot now attempt to plead such claim in the
opposition brief.107
102 Id. at 8.
103 Id. at 9.
104 Id. at 9–10.
105 Id. at 10–11 (internal quotation marks omitted).
106 Id. at 11.
107 Id. at 12.
16
III. Legal Standards
A. Legal Standard on a Rule 12(b)(6) Motion to Dismiss
Federal Rule of Civil Procedure 12(b)(6) provides that an action may be dismissed “for
failure to state a claim upon which relief can be granted.”108 A motion to dismiss for failure to
state a claim is “viewed with disfavor and is rarely granted.”109 “To survive a motion to dismiss, a
complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is
plausible on its face.”110
The “[f]actual allegations must be enough to raise a right to relief above the speculative
level.”111 The complaint need not contain detailed factual allegations, but it must offer more than
mere labels, legal conclusions, or formulaic recitations of the elements of a cause of action.112 That
is, the complaint must offer more than an “unadorned, the defendant-unlawfully-harmed-me
accusation.”113
Although a court must accept all “well-pleaded facts” as true, a court need not accept legal
conclusions as true.114 “[L]egal conclusions can provide the framework of a complaint, [but] they
108 Fed. R. Civ. P. 12(b)(6).
109 Kaiser Aluminum & Chem. Sales, Inc. v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir. 1982).
110 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)) (internal quotation marks omitted).
111 Twombly, 550 U.S. at 555. Put another way, a plaintiff must plead facts that allow the court to draw a
“reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678.
112 Iqbal, 556 U.S. at 678.
113 Id.
114 Id. at 677–78.
17
must be supported by factual allegations.”115 Similarly, “[t]hreadbare recitals of the elements of a
cause of action, supported by mere conclusory statements” will not suffice.116 If the factual
allegations are insufficient to raise a right to relief above the speculative level, or an “insuperable”
bar to relief exists, the claim must be dismissed.”117
A court considering a motion to dismiss “must limit itself to the contents of the pleadings,
including attachments thereto.”118 Attachments to a motion to dismiss are, however, “considered
part of the pleadings” if “they are referred to in the plaintiff’s complaint and are central to her
claim.”119 “In so attaching, the defendant merely assists the plaintiff in establishing the basis of
the suit, and the court in making the elementary determination of whether a claim has been
stated.”120
B. Corporate Liability Under 42 U.S.C. § 1983
42 U.S.C. § 1983 provides that every “person” who, under color of any statute, ordinance,
regulation, custom, or usage of any State subjects, or “causes to be subjected,” any person to the
deprivation of any federally protected rights, privileges, or immunities shall be civilly liable to the
injured party. “Section 1983 provides a cause of action against any person who deprives an
115 Id. at 679.
116 Id. at 678.
117 Carbe v. Lappin, 492 F.3d 325, 328 n.9 (5th Cir. 2007); Moore v. Metro. Human Serv. Dep’t, No. 09-
6470, 2010 WL 1462224, at * 2 (E.D. La. Apr. 8, 2010) (Vance, J.) (citing Jones v. Bock, 549 U.S. 199, 215 (2007)).
118 Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir. 2000).
119 Id. at 498–99 (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir. 1993))
(internal quotation marks omitted).
120 Carter v. Target Corp., 541 F. App’x 413, 416–17 (5th Cir. 2013) (quoting Collins, 224 F.3d at 498–99).
18
individual of federally guaranteed rights ‘under color’ of state law.”121 “The traditional definition
of acting under color of state law requires that the defendant in a § 1983 action have exercised
power ‘possessed by virtue of state law and made possible only because the wrongdoer is clothed
with the authority of state law.’”122 The Supreme Court has held that “[t]o act ‘under color’ of law
does not require that the accused be an officer of the state.”123
“Under the Supreme Court’s ‘public function’ test, a private entity acts under color of state
law ‘when that entity performs a function which is traditionally the exclusive province of the
state.’”124 “Alternatively, state action may be found where there is a nexus between the state and
the action of the private defendant such that the action is fairly attributable to the state.”125 This
means “the plaintiff must show: (1) that the deprivation was caused by the exercise of some right
or privilege created by the state or by a rule of conduct imposed by the state, or by a person for
whom the state is responsible, and (2) that the party charged with the deprivation may fairly be
said to be a state actor.”126 A plaintiff can make such a showing by demonstrating that “the private
citizen was a willful participant in joint activity with the State or its agents.”127 However, “State
action will not accrue merely because of government acquiescence or approval of the private
121 Filarsky v. Delia, 566 U.S. 377, 383 (2012) (quoting 42 U.S.C. § 1983).
122 West v. Atkins, 487 U.S. 42, 49 (1988) (quoting United States v. Classic, 313 U.S. 299, 326 (1941)).
123 Adickes v. S.H. Kress & Co., 398 U.S. 144, 152 (1970) (internal quotation marks and citation omitted).
124 Rosborough v. Mgmt. & Training Corp., 350 F.3d 459, 460 (5th Cir. 2003) (quoting Wong v. Stripling,
881 F.2d 200, 202 (5th Cir. 1989)).
125 Wong, 881 F.2d at 202.
126 Priester v. Lowndes Cnty., 354 F.3d 414, 423 (5th Cir.), cert. denied 543 U.S. 829 (2004) (citing Daniel
v. Ferguson, 839 F.2d 1124, 1130 (5th Cir. 1988)).
127 Id. at 420 (internal quotation marks omitted) (quoting Cinel v. Connick, 15 F.3d 1338, 1343 (5th Cir.
1994)).
19
entity’s actions.”128
The Supreme Court has held that municipal entities and corporations are “persons” under
the definition of § 1983.129 Such an entity may, however, not be held liable under Section 1983
based upon a theory of vicarious liability or respondeat superior.130 Instead, a plaintiff must allege
both (i) “that a constitutional violation occurred” and (ii) “that a municipal [or corporate] policy
was the moving force behind the violation.”131 Under the latter, a plaintiff must show three things:
(1) an “official policy or custom ‘was a cause in fact of the deprivation of rights inflicted,’132 (2)
the policy “served as a moving force” behind the constitutional violation, 133 and (3) the policy
was decided on by a policymaker with “either actual or constructive knowledge of the alleged
policy.” 134
To satisfy the first requirement, the Supreme Court, in Monell v. Department of Social
Services of New York, set out the possible methods of showing a policy or custom: “(1) [an] express
policy of violating the Constitution, (2) a widespread practice or custom—even if that custom has
not received formal approval by an official decision-making body—or (3) a decision by an
128 Id. at 423 (citing Yeager v. City of McGregor, 980 F.2d 337, 342 (5th Cir. 1993)).
129 City of Oklahoma City v. Tuttle, 471 U.S. 808, 810 (1985).
130 Green v. Albertson’s, Inc., 67 F. App’x 248, at *2, n.3 (citing Monell, 436 U.S. at 691).
131 Sanchez v. Young Cnty., Texas, 956 F.3d 785, 791 (5th Cir.), cert. denied, 141 S. Ct. 901, 208 L. Ed. 2d
455 (2020).
132 Spiller v. City of Texas City, Police Dept., 130 F.3d 162, 167 (5th Cir. 1997) (quoting Leffall v. Dallas
Indep. Sch. Dist., 28 F.3d 521, 525 (5th Cir. 1994)).
133 Id. (internal citations and quotation marks omitted).
134 Cox v. City of Dallas, 430 F.3d 734, 748–49 (5th Cir. 2005) (citing Piotrowski v. City of Houston, 237
F.3d 567, 579 (5th Cir. 2001)).
20
individual with express policy-making authority.”135 Under Fifth Circuit precedent, a custom may
be evidenced by “a persistent, widespread practice of [] officials or employees, which, although
not authorized by officially adopted and promulgated policy, is so common and well-settled as to
constitute a custom that fairly represents [corporate] policy . . . Actions of officers or employees
of a [corporation] do not render the [corporation] liable under section 1983 unless they execute
official policy. . . .”136 This standard requires that “[the] actions must have occurred for so long or
so frequently that the course of conduct warrants the attribution to the governing body of
knowledge that the objectionable conduct is the expected, accepted practice of [corporate]
employees.”137 “Isolated unconstitutional actions by [corporate] employees will almost never
trigger liability,”138 and “[a] customary [corporate] policy cannot ordinarily be inferred from single
constitutional violations.”139
IV. Analysis
As an initial matter, the parties agree that the intentional infliction of emotional distress
claim brought by Plaintiffs in the initial Complaint should be dismissed. The parties further agree
that any requests for punitive damages or injunctive relief should be dismissed. Accordingly, the
Court dismisses the intentional inflection of emotional distress claim and Plaintiffs’ requests for
punitive damages and injunctive relief.
135 Cardenas v. Lee Cnty., Tex., 569 F. App’x 252, 255 (5th Cir. 2014) (citing Monell, 436 U.S. at 690–91).
136 Piotrowski, 237 F.3d at 579 (quoting Webster v. City of Houston, 735 F.2d 838, 842 (5th Cir. 1984) (en
banc)).
137 Webster, 735 F.2d at 842.
138Piotrowski, 273 F.3d at 578 (citing Bennett v. City of Slidell, 728 F.2d 762, 768 n. 3 (5th Cir. 1984)).
139 Id. at 581.
21
Two claims raised by Plaintiffs remain against CHJ and Ironshore (as CHJ’s insurer) under
42 U.S.C. § 1983: (1) failure to manage, train, and supervise staff and medical personnel at JPCC
in violation of the Eighth and Fourteenth Amendments and (2) inadequate medical care in violation
of the Fourteenth Amendment.140 For pretrial detainees specifically, a Section 1983 claim should
be brought pursuant to the Fourteenth Amendment, rather than the Eighth Amendment, as “[t]he
constitutional rights of a pretrial detainee are found in the procedural and substantive due process
guarantees of the Fourteenth Amendment.”141 Guillot was a pretrial detainee and thus, Plaintiffs’
claims under the Eighth Amendment must be dismissed.142
As to Plaintiffs’ Fourteenth Amendment claims, a corporation may be liable for a violation
of an individual’s rights pursuant to 42 U.S.C. § 1983 and the standard laid out in Monell v.
Department of Social Services of New York.143 As stated above, this requires Plaintiffs to allege
both (i) “that a constitutional violation occurred” and (ii) “that a municipal [or corporate] policy
was the moving force behind the violation.”144 “When attributing violations of pretrial detainees’
rights to [corporations], the cause of those violations is characterized either as a condition of
confinement or as an episodic act or omission.”145 The Fifth Circuit has noted that “there is no rule
140 Rec. Doc. 41 at 23–24.
141 Est. of Henson v. Wichita Cnty., Tex., 795 F.3d 456, 462 (5th Cir. 2015).
142 Cadena v. El Paso Cnty., 946 F.3d 717, 727 (5th Cir. 2020).
143 Garza v. City of Donna, 922 F.3d 626, 632 (5th Cir. 2019), cert. denied sub nom. Garza v. City of Donna,
Texas, 140 S. Ct. 651 (2019).
144 Sanchez, 956 F.3d at 791.
145 Garza, 922 F.3d at 632.
22
barring a plaintiff from pleading both alternative theories, and a court may properly evaluate each
separately.”146 The Fifth Circuit has distinguished the two as follows.
A condition of confinement claim is “a challenge to general conditions, practices, rules, or
restrictions of pretrial confinement.”147 Notably, “[i]n some cases, a condition may reflect an
unstated or de facto policy, as evidenced by a pattern of acts or omissions ‘sufficiently extended
or pervasive, or otherwise typical of extended or pervasive misconduct by [jail] officials, to prove
an intended condition or practice.’”148 In analyzing such claims, “the proper inquiry is whether
those conditions amounted to punishment of the detainee.”149 “If a restriction or condition is not
reasonably related to a legitimate goal—if it is arbitrary or purposeless—a court permissibly may
infer that the purpose of the governmental action is punishment that may not constitutionally be
inflicted upon detainees qua detainees.”150 In sum, therefore, a plaintiff must prove three elements
to establish an unconstitutional conditions of confinement claim: “(1) a rule or restriction or ... the
existence of an identifiable intended condition or practice ... [or] that the jail official's acts or
omissions were sufficiently extended or pervasive; (2) which was not reasonably related to a
legitimate governmental objective; and (3) which caused the violation of [a detainee's]
146 Est. of Henson, 795 F.3d at 464.
147 Id. at 463 (citing Hare v. City of Corinth, Miss., 74 F.3d 633, 644 (5th Cir. 1996)) (internal quotation
marks omitted).
148 Shepherd v. Dallas Cnty., 591 F.3d 445, 452 (5th Cir. 2009) (alteration in original) (quoting Hare, 74 F.3d
at 645).
149 Bell v. Wolfish, 441 U.S. 520, 535 (1979).
150 Id. at 539.
23
constitutional rights.”151 A plaintiff “need not demonstrate that the state actor or municipal entity
acted with intent to punish.”152
By contrast, an episodic acts or omissions claim “faults specific jail officials for their acts
or omissions.”153 “In such a case, an actor is interposed between the detainee and the [corporation],
such that the detainee complains first of a particular act of, or omission by, the actor and then
points derivatively to a policy, custom, or rule (or lack thereof) of the [corporation] that permitted
or caused the act or omission.”154 A plaintiff proving a violation of their constitutional rights under
an episodic acts or omission claim must establish that officials acted “with subjective deliberate
indifference.”155 A showing of deliberate indifference requires that “the state official must know
of and disregard an excessive risk to inmate health or safety” and 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.”156
Moving Defendants contend that Plaintiffs cannot satisfy the foregoing requirements for
either Plaintiffs’ inadequate medical care claim or Plaintiffs’ failure to train claim, and thus, such
claims must be dismissed. The Court will analyze each claim in turn.
151 Montano v. Orange Cnty., Texas, 842 F.3d 865, 874 (5th Cir. 2016) (quoting Est. of Henson, 795 F.3d at
468) (internal quotation marks omitted).
152 Est. of Henson, 795 F.3d at 463.
153 Shepherd v. Dallas Cnty., 591 F.3d at 452.
154 Est. of Henson, 795 F.3d at 463 (quoting Scott v. Moore, 114 F.3d 51, 53 (5th Cir. 1997) (en banc))
(internal quotation marks omitted).
155 Garza, 922 F.3d at 634.
156 Est. of Henson, 795 F.3d at 464 (internal citations and quotation marks omitted).
24
A. Inadequate Medical Care Claim
Plaintiffs bring a claim against CHJ under 42 U.S.C. § 1983 for violating Guillot’s
Fourteenth Amendment right to adequate medical care.157 The Due Process Clause of the
Fourteenth Amendment provides pretrial detainees with, among other things, the right to medical
care and the right to protection from known suicidal tendencies.158 To determine whether there has
been a violation of such rights, the Fifth Circuit has instructed courts to characterize a claim as
either “an attack on a condition of confinement or as an episodic act or omission.”159
In the Amended Complaint, Plaintiffs do not specify which type of claim—episodic acts
or conditions of confinement—they are bringing against CHJ. In the opposition brief, Plaintiffs
allege that they have stated a claim for a conditions of confinement claim and an episodic acts
claim.160 However, the Fifth Circuit has noted that “when [an official’s] actions were interposed
between the county and the decedent, it [is] clear that the case was one for an episodic act or
omission.”161 The Fifth Circuit has further noted that a “complaint [which] turns on [jail officials’]
alleged failure to take better care of [an individual], and [a jail official’s] failure to medically screen
[the individual] and secure [the individual] to treatment . . . perfectly fits the definition of the
episodic omission.”162 Specifically, the Fifth Circuit has treated claims related to suicides at jails
157 Rec. Doc. 41 at 24.
158 Garza, 922 F.3d at 632.
159 Shepherd, 591 F.3d at 452.
160 Rec. Doc. 47 at 4.
161 Woodward v. Lopinto, No. 18-4236, 2021 WL 1969446, at *3 (E.D. La. May 17, 2021) (citing Anderson
v. Dallas Cty. Texas, 286 F. App'x 850, 858 (5th Cir. 2008)).
162 Id. (citing Olabisiomotosho v. City of Houston, 185 F.3d 521, 526 (5th Cir. 1999)).
25
as episodic claims.163 In light of this precedent, this Court will analyze Plaintiffs’ inadequate
medical care claim as an episodic acts or omission claim.
To establish corporate liability in an episodic act case, a plaintiff must show “(1) that the
[corporate] employee violated the pretrial detainee’s clearly established constitutional rights with
subjective deliberate indifference; and (2) that this violation resulted from a [corporate] policy or
custom adopted and maintained with objective deliberate indifference.”164 “A policy or custom
may be attributed to a [corporate] defendant through the identification of a final policymaking
authority.”165
1. Whether CHJ Violated Guillot’s Fourteenth Amendment Right to Medical Care
To state a claim for a violation of Guillot’s Fourteenth Amendment rights, Plaintiffs must
show subjective deliberate indifference—that CHJ had actual knowledge that Guillot “face[d] a
substantial risk of serious harm” and that CHJ “disregard[ed] that risk by failing to take reasonable
measures to abate it.”166 “The deliberate indifference standard is a subjective inquiry; the plaintiff
must establish that the jail officials were actually aware of the risk, yet consciously disregarded
it.”167 “Deliberate indifference cannot be inferred from a prison official's mere failure to act
reasonably, i.e., it cannot be inferred from negligence alone.”168 “Whether a prison official had the
163 Anderson, 286 F. App'x at 858 (citing Flores v. Cnty. of Hardeman, Tex., 124 F.3d 736, 738 (5th Cir.
1997); Sibley v. Lemaire, 184 F.3d 481, 485 (5th Cir.1999)).
164 Garza, 922 F.3d at 634 (quoting Brumfield v. Hollins, 551 F.3d 322, 331 (5th Cir. 2008)) (internal
quotation marks omitted).
165 Id. at 637.
166 Hare, 74 F.3d at 648 (citing Farmer v. Brennan, 511 U.S. 825, 825 (1994)).
167 Lawson v. Dallas Cnty., 286 F.3d 257, 262 (5th Cir. 2002).
168 Id. at 262–63.
26
requisite knowledge of a substantial risk is a question of fact subject to demonstration in the usual
ways, including inference from circumstantial evidence, and a factfinder may conclude that a
prison official knew of a substantial risk from the very fact that the risk was obvious.”169
Moving Defendants contend that Plaintiffs have not adequately pleaded facts that support
a finding of deliberate indifference.170 Specifically, Moving Defendants claim that Guillot was
seen multiple times by medical staff, denied suicidal ideations, and presented “no other acute signs
of symptoms suggesting he needed immediate medical intervention.”171 Moving Defendants
contend that Guillot’s medical records “unequivocally rebut any contention of deliberate
indifference,” and argue that CHJ’s failure to diagnosis Guillot as a suicide risk, as well as to
distribute Guillot his medication, does not constitute deliberate indifference.172
The Court disagrees. Plaintiffs have pleaded facts to state a claim that CHJ acted with
deliberate indifference to Guillot’s medical needs despite having ample knowledge of the state of
his mental health. Plaintiffs allege––and the medical records confirm––that Guillot was initially
interviewed by a Nicole Wadlington, a CHJ employee, on May 26, 2019, the date of his arrest.173
On the intake screening form, Wadlington noted that Guillot had a prior history of “Post-traumatic
Stress Disorder, Major Depression, and Anxiety.”174 Wadlington also noted Guillot’s use of a
169 Farmer, 511 U.S. at 842.
170 Rec. Doc. 46-1 at 2.
171 Id. at 4–5.
172 Id. at 6–10.
173 Rec. Doc. 41 at 5.
174 Id.
27
medication for depression and requested Guillot’s medical records.175 A second CHJ employee,
Crystal Bradley, then performed a physical examination of Guillot.176 Despite finding that
Guillot’s “attitude, affect/mood, hallucinations, and homicidal/suicidal assessments were all
within normal limits,” Bradley ordered a mental health appointment for Guillot “marked as high
priority.”177 Another mental health appointment was set up for Guillot, again marked as high
priority, but was rescheduled several times.178 A third employee, Juanita Alexander-Sallier,
examined Guillot and likewise referred him to mental health.179
Through these allegations, Plaintiffs have stated a claim for deliberate indifference, as
Plaintiffs allege that CHJ employees were aware of Guillot’s mental health history and current
mental state, even without Guillot himself specifically requesting mental health treatment, and
were aware of the substantial risk of harm as a result of Guillot’s mental health. While Moving
Defendants claim that “it is undisputed that in the 10 days of [Guillot]’s incarceration,” all of his
examinations were “normal,”180 the medical records do not support this assertion. Instead, the
records demonstrate that CHJ employees were concerned about Guillot’s mental health and
referred him for treatment multiple times. Moreover, several of the referrals were marked as high
priority. Despite these high priority referrals, Plaintiffs claim that Guillot never received any
175 Id.
176 Id. at 5–6.
177 Id. at 6.
178 Id.
179 Id.
180 Rec. Doc. 46-1 at 5.
28
mental health treatment.181 This alleged disregard for Guillot’s urgent mental health needs rises to
the level of deliberate indifference.
Further, Plaintiffs have alleged that CHJ employees acted with deliberate indifference by
failing to give Guillot his depression medication during his incarceration at JPCC.182 Moving
Defendants contend that “[t]he failure to distribute medication to a pretrial detainee, absent signs
of serious physical or psychological distress, does not violate the Constitution.”183 However,
Plaintiffs have provided sufficient facts to show that CHJ was aware of Guillot’s “serious physical
or psychological distress” yet failed to act, and that this failure was deliberately indifferent.
Taking all facts in the light most favorable to Plaintiffs, a reasonable factfinder could
conclude that CHJ employees knew of, and disregarded, a substantial risk of harm to Guillot.
Therefore, Plaintiffs have stated a claim that CHJ acted with deliberate indifference.
2. Whether a CHJ Policy or Custom was the Moving Force Behind the Violation
Given that CHJ is a corporate entity, it is not liable for injuries “inflicted solely by its
employees or agents[; rather] it is when execution of a government’s policy or custom, whether
made by its lawmakers or by those whose edicts or acts may fairly be said to represent official
policy, inflicts the injury that the government as an entity is responsible under § 1983.”184 Thus,
Plaintiffs must show “either written policy statements, ordinances, or regulations or a widespread
practice that is so common and well-settled as to . . . fairly represent[] [corporate] policy that was
181 Id. at 6.
182 Rec. Doc. 41 at 8.
183 Rec. Doc. 46-1 at 8.
184 Phoenix on behalf of S.W. v. Lafourche Par. Gov't, No. 19-13004, 2020 WL 3269114, at *13 (E.D. La.
June 17, 2020) (Feldman, J.).
29
the moving force behind the violation.”185 Plaintiffs must show that this corporate policy or custom
was “adopted and maintained with objective deliberate indifference.” 186 Further, Plaintiffs must
attribute the policy or custom to the corporation “through the identification of a final policymaking
authority.”187 In the instant motion, Moving Defendants do not contest the existence of a final
policymaking authority, but argue that Plaintiffs have not alleged a policy or practice that caused
Guillot’s inadequate medical care.
Despite Moving Defendants’ arguments to the contrary, Plaintiffs have alleged a policy or
practice that was the moving force behind the violation of Guillot’s right to adequate medical care.
To survive a motion to dismiss, the complaint’s “description of a policy or custom and its
relationship to the underlying constitutional violation . . . cannot be conclusory; it must contain
specific facts.”188 “[P]leadings are sufficient when they make specific factual allegations that allow
a court to reasonably infer that a policy or practice exists and that the alleged policy or practice
was the moving force behind [corporate] employees’ deliberate indifference to an inmate’s serious
medical needs.”189
In the Amended Complaint, Plaintiffs allege that CHJ has a “known custom and policy of
delegating tasks to non-medical personnel that are only appropriate to be conducted by medical
185 Cadena, 946 F.3d at 728 (quoting James v. Harris Cnty., 577 F.3d 612, 617 (5th Cir. 2009)) (internal
quotation marks omitted).
186 Garza, 922 F.3d at 634 (quoting Brumfield, 551 F.3d at 331) (internal quotation marks omitted).
187 Id. at 637.
188 Balle v. Nueces Cnty., 952 F.3d 552, 559 (5th Cir. 2017) (quoting Spiller, 130 F.3d at 167).
189 Id. (citing Colle v. Brazos Cnty., 981 F.2d 237, 245 (5th Cir. 1993)).
30
personnel.”190 Plaintiffs further claim that CHJ allows “social workers and untrained employees
to perform tasks that should only be delegated to trained medical personnel.”191 Plaintiffs contend
that CHJ was aware that “problems existed with regard to their mental health policies” but
“intentionally refused to remedy the deficiencies,” and therefore acted with deliberate indifference
in maintaining such inadequate policies and practices.192
In support of this argument, Plaintiffs point to the three prior suicides that occurred at
JPCC.193 While this Court did note in its March 1, 2021 Order on Moving Defendants’ first
motions to dismiss that Plaintiffs’ allegations regarding the three previous suicides failed to show
a pattern or practice of CHJ misclassifying suicidal inmates, as the three men were properly
classified as suicidal prior to their suicides unlike Guillot,194 Plaintiffs’ argument in the Amended
Complaint differs. Plaintiffs posit that the three previous suicides evidence a pattern of CHJ
improperly delegating medical decisions to non-medical personnel.195 Plaintiffs contend that
Guillot was seen by untrained medical staff during his time of incarceration. Similarly, Plaintiffs
allege that Joshua Belcher, Jatory Evans, and Jerome Bell were treated by David Jennings, a social
worker, prior to their suicides instead of a trained medical professional.196 These past instances
190 Rec. Doc. 41 at 14.
191 Id. at 19.
192 Id.
193 Id. at 18.
194 Rec. Doc. 37 at 21.
195 Rec. Doc. 41 at 18.
196 Id.
31
cited by Plaintiffs show a pattern of CHJ delegating medical decisions to non-medical personnel.
Therefore, Plaintiffs have stated a claim under Monell.197
Plaintiffs also allege that CHJ’s practice of delegating to non-medical personnel was the
“moving force” behind the alleged denial of Guillot’s constitutional right to adequate medical care.
Specifically, Plaintiffs allege “[n]one of the intake personnel who assisted in Marshall Guillot’s
health or mental health screening possessed the proper licensure, certification, and qualifications
necessary to make an accurate determination of his mental health needs, and whether or not he was
suicidal.”198 Notably, the Fifth Circuit has held that a plaintiff is not required to show “that a policy
or practice was the exclusive cause of the constitutional deprivation,” but instead that courts “may
. . . consider how individual policies or practices interact with one another within the larger
system.”199 Here, Plaintiffs have sufficiently alleged that Guillot’s rights were violated at least in
part due to CHJ’s lack of trained, medical personnel handling his medical treatment.
Given that Plaintiffs have adequately alleged a constitutional violation of Guillot’s right to
medical care through deliberate indifference, as well as the existence of a CHJ policy or practice
that led to this violation, Plaintiffs have stated a claim against CHJ under Monell. Therefore, the
Court denies the instant motion to the extent it seeks dismissal of Plaintiffs’ inadequate medical
care claim.
197 While Moving Defendants focus in the instant motion on the NCCHC standards alleged by Plaintiffs in
the Amended Complaint, Plaintiffs’ opposition brief instead highlights CHJ’s alleged pattern of improper delegation
of medical tasks to unqualified personnel to satsify Monell. Rec. Doc. 47 at 12–13.
198 Rec. Doc. 41 at 18.
199 Sanchez, 956 F.3d at 795 (internal quotation marks omitted).
32
B. Failure to Train & Supervise Claim
Plaintiffs also bring a claim against CHJ for violating Guillot’s rights under the Fourteenth
Amendment200 by failing to train and supervise CHJ employees.201 Specifically, Plaintiffs allege
that CHJ was “grossly negligent, reckless, and deliberately indifferent in managing, training, and
supervising their subordinates, and medical personnel that interacted with Marshall Guillot.”202
“It is well-established that a [corporation’s] failure to train its [] officers can give rise to §
1983 liability.”203 To establish a failure to train claim, a plaintiff must show “(1) that the
[corporation’s] training procedures were inadequate, (2) that the [corporation] was deliberately
indifferent in adopting its training policy, and (3) that the inadequate training policy directly caused
the violations in question.”204
First, Plaintiffs have adequately alleged that CHJ’s training and supervision procedures
were inadequate and that this inadequate training led to the violations of Guillot’s constitutional
rights. The Fifth Circuit has held that “[i]n the specific context of prison suicide
prevention, municipalities [or corporations] must provide custodial officials with minimal training
to detect obvious medical needs of detainees with known, demonstrable, and serious medical
disorders, but a failure to train custodial officials in screening procedures to detect latent suicidal
200 Plaintiffs also assert the failure to train claim under the Eighth Amendment. However, as discussed above,
pretrial detainees’ rights arise under the Fourteenth, not the Eighth, Amendment. Hare, 74 F.3d at 639.
201 Rec. Doc. 41 at 23.
202 Id. at 23–24.
203 Westfall v. Luna, 903 F.3d 534, 552 (5th Cir. 2018).
204 Zarnow v. City of Wichita Falls, 614 F.3d 161, 170 (5th Cir. 2010).
33
tendencies does not rise to the level of a constitutional violation.”205 Here, Plaintiffs have alleged
facts sufficient at this stage of litigation to show that CHJ failed to “properly train[] any of their
medical staff to conduct mental health intake interviews at the jail” and that CHJ allowed “social
workers and untrained employees . . . to perform tasks that should only be delegated to trained
medical personnel.”206 Plaintiffs claim that this lack of training led to unqualified staff assessing
inmates, including Guillot.207 Specifically, Plaintiffs allege that Guillot, despite exhibiting obvious
signs of mental health issues, was never placed on suicide watch, was never interviewed by trained
medical personnel, and “none of the intake personnel who assisted in Marshall Guillot's health or
mental health screening possessed the proper licensure, certification, and qualifications necessary
to make an accurate determination of his mental health needs.”208
Plaintiffs have further alleged that CHJ was deliberately indifferent in adopting its
inadequate training policy, and that such inadequate policy directly caused the violation of
Guillot’s Fourteenth Amendment rights. Proving deliberate indifference “generally requires a
showing of more than a single instance of the lack of training or supervision causing a violation of
constitutional rights.”209 Instead, a plaintiff generally must show “‘at least a pattern of similar
violations’ arising from training that is so clearly inadequate as to be obviously likely to result in
205 Whitt v. Stephens Cnty., 529 F.3d 278, 284 (5th Cir. 2008) (emphasis in original).
206 Rec. Doc. 41 at 17–18.
207 Id. at 18.
208 Id.
209 Burge v. St. Tammany Par., 336 F.3d 363, 370 (5th Cir. 2003) (quoting Thompson v. Upshur County, 245
F.3d 447, 459 (5th Cir. 2001)) (internal quotation marks omitted).
34
a constitutional violation.””! As described above, Plaintiffs have pointed to similar instances in
which CHJ permitted unqualified staff to make medical decisions, including in the three prior
suicides at JPCC in 2017."! Plaintiffs have further alleged that this inadequate policy led to CHJ’s
violation of Guillot’s constitutional right to adequate medical care. Therefore, given that Plaintiffs
have stated a claim for CHJ’s failure to train, the Court denies the instant motion to dismiss with
respect to Plaintiffs’ failure to train claim.
¥. Conclusion
Based on the foregoing,
IT IS HEREBY ORDERED that CorrectHealth Jefferson, LLC and Ironshore Specialty
Insurance Co.’s “Motion to Dismiss Plaintiffs’ Amended Complaint”?”” is DENIED.
NEW ORLEANS, LOUISIANA, thid 8th day of November, 2021.
NANNETTE JO ETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT
210 Td.
711 Rec. Doc. 41 at 18. The Fifth Circuit has held that a narrow single-incident exception exists but “only
where the facts giving rise to the violation are such that it should have been apparent to the policymaker that a
constitutional violation was the highly predictable consequence of a particular policy or failure to train.” Westfall, 903
F.3d at 552 (citing Burge, 336 F.3d at 373) (internal quotation marks omitted). Given that Plaintiffs have provided
facts in support of a pattern of violations, the Court will not analyze Plaintiffs’ claims under the narrow single-incident
exception.
212 Rec. Doc. 46.
35