United States District Court, E.D. Virginia, Norfolk Division
TONYA LONGMIRE, ADMINISTRATOR of the ESTATE of DAI'YAAN QAMAR LONGMIRE, DECEASED, Plaintiff,
CHANCE MCCOOLE and LAKEIA SMALLWOOD, Defendants.
OPINION & ORDER
Coke Morgan, Jr. Senior United Slates District Judge
matter came before the Court pursuant to Defendants Chance
McCoole's ("McCoole's") and Lakeia
Smallwood's ("Smallwood's") (collectively,
"Defendants'") Motion for Summary Judgment
("Motion"). Doc. 118. At a hearing on November 28,
2017, the Court DENIED the Motion, and it
now issues this Opinion & Order further explaining the
reasoning for its decision.
Tonya Longmire, Administrator of the Estate of Dai'yaan
Qamar Longmire ("D. Longmire"), Deceased
("Plaintiff' or "Longmire") filed her
Complaint in this Court on November 7, 2016. See Doc. 1.
("Compl.") Defendants filed an answer, Doc. 27, and
a Motion to Dismiss, Doc. 28, on December 29, 2016. Plaintiff
filed an Amended Complaint on January 23, 2017, Doc. 35, and
Defendants responded with a Motion to Strike on February 13,
2017, Doc. 44. The Court GRANTED the Motion to Dismiss WITH
LEAVE TO AMEND and GRANTED the Motion to Strike. Doc. 51.
filed her Second Amended Complaint on April 17, 2017. Doc. 52
("Second Am. Compl."). Defendants filed a Motion to
Dismiss on May 5, 2017. Doc. 55. The Parties stipulated to
the dismissal of many Defendants. Docs. 88, 89. The Court
DISMISSED the Third Claim for Relief and DISMISSED all
Defendants except Smallwood, McCoole, and the Virginia
Department of Corrections ("VDOC") but took the
remainder of the Motion to Dismiss UNDER ADVISEMENT. Doc. 98.
The Court also ORDERED Plaintiff to file reports cited in the
Complaint. Id. After receiving the reports cited in
the Complaint, Defendants filed a supplemental memorandum in
support of their Motion to Dismiss seeking dismissal of VDOC.
Doc. 114. The Court GRANTED the Motion to Dismiss, DISMISSING
the First and Fourth Claims for Relief, which were against
Defendant VDOC. Doc. 116.
remaining claim against Defendants McCoole and Smallwood
alleges a violation of 42 U.S.C. § 1983 consisting of
"Deliberate Indifference to Serious Medical Needs in
Violation of the Eighth Amendment." Second Am. Compl.
Iffl 123-129. Defendants filed the instant Motion for Summary
Judgment on November 1, 2017. Doc. 118. Plaintiff responded
in opposition on November 15, 2017. Doc. 132. Defendants
replied on November 20, 2017. Doc. 140.
B. Undisputed Facts
are Defendants' facts that are uncontested in Plaintiffs
1. On June 1, 2013, Longmire was charged with presenting a
false identity to law enforcement, resisting arrest, and
assault on law enforcement. On October 6, 2013, Longmire was
charged with assault on law enforcement, grand larceny,
conspiring to commit larceny, and burglary. (Ex.1, Criminal
2. Longmire, age 19, was detained at the Virginia Beach
Correctional Center ("VBCC') from October 7, 2013 to
May 23, 2014. On May 5, 2014, Longmire was sentenced to four
years in prison. He was classified as a "Youthful
Offender" and on May 23, 2014 was transferred from VBCC
to Indian Creek Correctional Center ("ICCC"). (Ex.
2, Sentencing Order 5/23/14)
3. ICCC is a "therapeutic community" described in
the Inmate Orientation Manual as "an intensive
residential treatment program ... designed and structured to
promote change through social learning. Substance abuse and
addiction are addressed, but the behaviors, attitudes, values
and emotions of every member are also constantly monitored.
The TC is designed to challenge and replace negative
behaviors with new, pro-social attitudes, values and
behaviors." (Ex. 3, Orientation Information)
Doc. 119 at 1-2.
Employing VDOC OP 730.2, Mental Health Services: Screening,
Assessment, and Classification, which "establishes a
standard protocol for the screening, assessment, and
determination of the mental health status and mental health
services needs of offenders incarcerated in Department of
Corrections facilities, " Dr. [James] Brockington[,
ICCC's Qualified Mental Health Professional
("QMHP")] classified Longmire as MH-0. The
classification "MH-0 No Mental Health Services
Needs" is described as follows:
The offender has no documented history of mental health
treatment within the past two years (this does not include
treatment for alcohol or substance abuse alone, nor for
evaluation purposes alone). There is no documented or
reported behavior that currently indicates any mental health
services needs. No monitoring or treatment by a QMHP is
Dr. Brockington did not place any mental health restrictions
on Longmire's housing or job assignment. (Ex. 6, VDOC OP
730.2; Ex. 7, Mental Health Classification)
6. Because of HIPAA, correctional officers at ICCC are not
privy to inmates' medical or mental health records. They
can only access inmates' mental health classifications.
(Ex. 8, Rick White Aff; Ex. 9, Smallwood Dep. pp. 147-48)
7. For approximately four and one-half months, from his
incarceration in May until October 4, 2014, Longmire was
housed in the general population at ICCC. (Ex. 10, ICCC
8. On July 22, 2014, Longmire was charged with being in an
unauthorized area. He was initially found guilty and
penalized 10 days' loss of visitation. Longmire appealed
the determination. Warden Keeling overturned the conviction
and the charge was expunged from Longmire's record. (Ex.
11, Disciplinary Appeal letter 8/4/14)
9. During his time in the general population Longmire was
approved for various work assignments, including in the
kitchen. (Ex. 12, Coris Work Assignments)
10. On September 25, 2014, Longmire was denied parole. (Ex.
13, Parole Board Letter)
11. On October 5, 2014, Longmire was charged with aiding and
abetting the theft of an inmate's canteen. Pursuant to
VDOC OP 861.1, Offender Discipline, Institutions, he was
placed on pre-hearing detention status and transferred to
Housing Unit 7B, administrative segregation, to await his
hearing. (Ex. 14, VDOC OP 861.1; Ex. 15, Electronic Detention
12. At the October 9, 2014 disciplinary hearing, Longmire was
found guilty by the hearing officer and fined $12.00.
Longmire appealed the decision to Warden Keeling who on
October 27, 2014 decided that the charge should be reheard
and the results of the initial hearing be ...