United States District Court, M.D. Alabama, Northern Division
BONNY EDWARD TAYLOR, as the Personal Representative and Administrator of the ESTATE OF ALMUS REED TAYLOR PLAINTIFF
HENRY P. HUGHES, DEFENDANTS
MEMORANDUM OPINION AND ORDER
STARRETT UNITED STATES DISTRICT JUDGE
matter is before the Court on the Motion for Summary Judgment
 filed by Defendants Henry Hughes, Roy Parker, Benjamin
Hunter, and Bill Blue. After considering the submissions of
the parties, the record, and the applicable law, the Court
finds that this motion is well taken and should be granted.
Bonny Edward Taylor (“Plaintiff”) brings this
action on behalf of the Estate of Almus Taylor
(“Taylor”), the decedent. She brings claims
against Defendants Henry Hughes (“Hughes”), Roy
Parker (“Parker”), Benjamin Hunter
(“Hunter”), and Bill Blue (“Blue”)
(collectively “Defendants”) under 42 U.S.C.
§ 1983 for violations of Taylor's rights to medical
care under the Fourteenth Amendment, as well as state law
claims of negligence and wantonness.
November 16, 2013, Taylor was found by Covington County
Deputy Kyle Adams (“Adams”) lying across the seat
of his truck. The truck was a battered hunting truck which
was missing its driver-side door and was stopped in the
middle of Judge Smith Road in Covington County, Alabama.
Suspecting an accident, Adams called for Emergency Medical
Services (“EMS”) and the Alabama State Troopers.
Taylor denied having been driving to Adams because he was too
intoxicated and stated that another man had been driving and
that he had walked off.
team arrived on scene, followed by Alabama State Trooper
Chase Amis (“Amis”). While the EMS team examined
Taylor, Amis investigated the scene but found no indication
that a wreck had occurred. Amis did not see any visible injuries
on Taylor, who told EMS that he did not want to go to the
hospital. The EMS team had Taylor make a mark on a form
stating that he refused transport, which was witnessed by
Adams. After the EMS team left, Amis placed Taylor under
arrest for DUI.
transported Taylor to the Covington County Jail, where he
told Parker that EMS had examined Taylor and that he had
signed a release. Taylor was obviously intoxicated when he
arrived at the jail and had to be assisted to the holding
cell. Parker and Hunter are the only defendants who made
contact with Taylor. Blue was working in the control pod that
night, and Hughes, the jail administrator, was not present at
the jail. According to other detainees in the holding cells
that night, Taylor spent the night moaning and crying out in
Jennifer Reeves (“Reeves”), the jail's nurse,
arrived at work the next morning, she was told that Taylor
had been complaining of pain and that he had claimed to be in
a wreck but that no one was sure that was true. After
contacting Amis and learning that the driver's side door
was missing from his truck, Reeves had Hunter and Parker
remove Taylor from his cell and place him in a wheelchair. He
slid out of the wheelchair and spit up blood. Reeves tested
his O2 blood saturation level, which was only 70%, and had an
officer call 911.
died en route to the hospital. An autopsy revealed he bled
out due to a lacerated liver and lung.
Standard of Review
Rule of Civil Procedure 56(a) provides that “[t]he
court shall grant summary judgment if the movant shows that
there is no genuine dispute as to any material fact and the
movant is entitled to judgment as a matter of law.” The
Eleventh Circuit has held that
[s]ummary judgment is appropriate if the evidence before the
court shows that there is no genuine issue as to any material
fact and that the moving party is entitled to a judgment as a
matter of law. In making this determination, the court must
view all evidence and make all reasonable inferences in favor
of the party opposing summary judgment.
The mere existence of some factual dispute will not defeat
summary judgment unless that factual dispute is material to
an issue affecting the outcome of the case. The relevant
rules of substantive law dictate the materiality of a
disputed fact. A genuine issue of material fact does not
exist unless there is sufficient evidence favoring the
nonmoving party for a reasonable jury to return a verdict in
Chapman v. AI Transport, 229 F.3d 1012, 1023 (11th
Cir. 2000) (quoting Haves v. City of Miami, 52 F.3d
918, 921 (11th Cir. 1995)) (alteration in original).
has conceded that the claims against Hughes are due to be
dismissed. (See Response  at p. 2 n.2.) As
such, the Motion for Summary Judgment  will be
granted with respect to Hughes, and ...