United States District Court, S.D. Texas, Houston Division
MEMORANDUM & ORDER
KEITH P. ELLISON UNITED STATES DISTRICT JUDGE.
before the Court is Defendant Latoisha Dorsey's Motion to
Dismiss (Doc. No. 35). After considering the Motion, the
responses thereto, and all applicable law, the Court
determines that the Motion should be denied.
Eboni Nicole Baldwin alleges the following
facts. Plaintiff, a combat veteran who served in
Iraq and Afghanistan, took medication prescribed to her to
treat post-traumatic stress disorder (“PTSD”).
(Doc. No. 16 at ¶ 6.) After one particular instance of
taking the medication, she began to feel severely depressed.
Id. Unable to find her cell phone to call for help,
Plaintiff got in her car to drive to the hospital, bringing
along her prescription medication. Id. at
¶¶ 6-8. Plaintiff felt alert when she got into the
car. Id. While driving, Plaintiff felt like she was
dying, and she attempted to turn into a Walgreens parking
lot. Id. at ¶ 9. Before entering the parking
lot, she became unconscious. Id. at ¶ 10. A
bystander called an ambulance, and Plaintiff regained
consciousness only after an emergency medical technician
(“EMT”) shook her awake. Id. at
¶¶ 11-12. Plaintiff explained to the EMT that she
was a veteran with PTSD on her way to the hospital after
having a reaction from what she believed was Ambien.
Id. at ¶ 12.
Harris County Sheriff's Deputy Latoisha Dorsey
(“Defendant”) arrived, Plaintiff was still
unconscious and unresponsive. Id. at ¶ 16.
Defendant “forcibly grabbed” Plaintiff from her
car, handcuffed her, and pushed her into the back of a patrol
car. Id. at ¶ 19. Defendant searched
Plaintiff's vehicle. Id. Defendant asked
Plaintiff if she wanted to go to the hospital. Id.
at ¶¶ 20-21. Plaintiff, who was “groggy,
” responded, “huh?” Id. Defendant
then told the EMT that Plaintiff did not want to go to the
hospital, and the EMT left. Id. at ¶¶
drove Plaintiff to Houston Police Central
Intox. Id. at ¶ 26. On the way
there, Plaintiff asked where she was being taken.
Id. at ¶ 23. Defendant said that because
Plaintiff refused to give a field sobriety test, there was a
warrant for a blood sample. Id. at ¶ 24.
Plaintiff said she was willing to take a field sobriety test
and that she was on her way to the hospital for PTSD
complications. Id. at ¶ 25. Plaintiff explained
that she felt like she was dying and asked to be taken to the
hospital. Id. at ¶ 27.
nurse came to take Plaintiff's blood sample at Houston
Police Central Intox, Plaintiff stated that she needed to go
to the hospital because she was having a bad reaction to
medicine prescribed to treat her PTSD. Id. at ¶
28. The nurse asked Defendant why she had not taken Plaintiff
to the hospital before bringing her to jail, to which
Defendant replied that her son had a sports game the next day
and Defendant did not want to miss it. Id. at ¶
agreed to take Plaintiff to the hospital at the nurse's
urging, but stated that if she had to wait more than an hour,
she would issue a warrant for Plaintiff at the hospital.
Id. at ¶ 30. After screening and treatment,
Defendant took Plaintiff directly from the hospital to be
booked into the Harris County Jail. Id. at ¶
alleges Defendant was aware of the prescription bottles and
Plaintiff's PTSD, and that she failed to contact the
Harris County Mental Crisis Unit or allow Plaintiff to be
fully evaluated at the hospital. Id. at ¶¶
37-38. Plaintiff alleges the anxiety she experienced during
her “prolonged imprisonment in the back of
[Defendant's] patrol car” caused her PTSD symptoms
to worsen, ultimately leading to a 19-day hospitalization in
the Veteran Affairs Hospital. Id. at ¶ 51;
see also id. at 54-55. Plaintiff alleges she
suffered economic damage, including loss of gainful
employment because of the arrest. Id. at ¶ 53.
present complaint alleges three § 1983 claims: one based
on unreasonable seizure, false arrest, and false
imprisonment; a second based on malicious prosecution; and a
third based on deliberate indifference. Id.
¶¶ 44-51. Following this Court's order on an
earlier motion to dismiss, only the third claim remains.
(See ECF Minute Entry dated 6/16/2017.) Deputy
Dorsey is the only remaining defendant.
styled her motion as a Motion to Dismiss under Federal Rule
of Civil Procedure 12(b)(6). However, the parties presented
materials outside the pleadings. Federal Rule of Civil
Procedure 12(d) provides for such a situation:
If, on a motion under Rule 12(b)(6) or 12(c), matters outside
the pleadings are presented to and not excluded by the court,
the motion must be treated as one for summary judgment under
Rule 56. All parties must be given a reasonable opportunity
to present all the material that is pertinent to the motion.
Fed. R. Civ. P. 12. This Court treats the motion as a Rule
12(b)(6) motion, and not as one for summary
judgment. At this time, the Court has ...